ARMY | BCMR | CY2001 | 2001061088C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. He was considered and not selected for promotion to colonel by the 1997, 1998 and 1999 Reserve Components Selection Boards (RCSB’s). The promotion boards do not divulge the proceedings or reasons for non-selection, and this Board cannot determine why he was not selected for promotion.
ARMY | BCMR | CY2001 | 2001061093C070421
The applicant requests that his records be corrected to reflect his correct last name and to show that he was awarded the Bronze Star Medal (BSM). The BSM Certificate provided by the applicant indicates that the applicant was awarded the BSM on 7 June 1968, for meritorious achievement while serving in the pay grade of E-5 in the 9 th Infantry Division during the period of 16 June 1967 to 4 June 1968. Although there are no orders in the applicant’s records to show that he was awarded the...
ARMY | BCMR | CY2001 | 2001061094C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 3 January 1979, the FSM signed a Statement of Intent election to enroll in the Reserve Component SBP (RCSBP) for option C, spouse coverage. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
ARMY | BCMR | CY2001 | 2001061102C070421
In pertinent part, it states that soldiers are authorized assignment to the Retired Reserve under several circumstances, including when the soldier is entitled to receive retired pay. Army Regulation 135-178 establishes policies governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the USAR. The evidence provided by the applicant shows that he requested transfer to the IRR, not the Retired Reserve.
ARMY | BCMR | CY2001 | 2001061104C070421
The applicant’s DD Form 214 does not show the Combat Infantryman Badge or the Presidential Unit Citation as authorized awards. The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 25 July 2001, which shows the applicant was issued an award of the Combat Infantryman Badge, the Presidential Unit Emblem, the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his...
ARMY | BCMR | CY2001 | 2001061107C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2001 | 2001061111C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 8 June 1993, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
ARMY | BCMR | CY2001 | 2001061114C070421
Army Regulation 600-8-22 (Military Awards) indicates, in pertinent part, that the WWIVM was awarded for service between 6 April 1917 and 11 November 1918 or with either of the following expeditions: The Board has noted that the applicant qualifies for award of the GCMDL and his record should be corrected accordingly. That all of the Department of the Army records related to this case be corrected by showing that the WWIVM awarded to the individual concerned is deleted and that he was...
ARMY | BCMR | CY2001 | 2001061116C070421
He provides his DD Form 214; a newspaper article showing he was awarded two Purple Hearts, a BSM for heroism, and an Air Medal; and a 1 st Cavalry Division Vietnam Combat Certificate as supporting evidence. There is no evidence of record to show the applicant was awarded a second Purple Heart, a second and third Air Medal, or the BSM for heroism. The applicant was not assigned to a unit during a period of time that unit was awarded the PUC.
ARMY | BCMR | CY2001 | 2001061120C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On an unknown date, the applicant requested unqualified resignation. Title 38, U. S. Code, section 101(21)(D) includes service as a cadet at the USMA within the definition of active duty for purposes of entitlement to VA compensation.
ARMY | BCMR | CY2001 | 2001061133C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2001 | 2001061134C070421
EVIDENCE OF RECORD : The applicant's military records show: It further explained that the PERSCOM would do everything possible to ensure that the individuals had the opportunity to get into a branch qualifying position before consideration for promotion to the rank of LTC. The Board finds no such evidence in this case and as such finds no basis to either afford the applicant promotion reconsideration by a STAB or to promote him to the rank of LTC.
ARMY | BCMR | CY2001 | 2001061135C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2001 | 2001061136C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. However, his records indicate that on 17 July 1969 the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-89 for acceptance of discharge as a result of board action (Class II homosexual). Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE...
ARMY | BCMR | CY2001 | 2001061137C070421
The Board considered the following evidence: This form also shows that the applicant was discharged with a physical profile of 131111. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated.
ARMY | BCMR | CY2001 | 2001061139C070421
The applicant was in a higher-grade position on his promotion eligibility date, and it was recommended that his date of rank be changed to 19 May 1999. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to major with a date of rank of 19 May 1999, with no further entitlement to correction of his effective date and to additional pay and allowances based on this adjustment. BOARD VOTE :
ARMY | BCMR | CY2001 | 2001061140C070421
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. He had served 1 year, 9 months and 29 days of total active service and was awarded the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal. Although the applicant has provided evidence to show that he was treated for cellulitis of the right hand, he contends that he was...
ARMY | BCMR | CY2001 | 2001061141C070421
The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations. The applicant requests, in effect, that his general discharge be upgraded to honorable. He states he was a decorated combat veteran and should not have been punished for a minor infraction.
ARMY | BCMR | CY2001 | 2001061142C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. This Board accepted his application (DD Form 149), dated 8 August 2001.Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
ARMY | BCMR | CY2001 | 2001061143C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, his records do contain a duly constituted report of separation (DD Form 214) which shows that he was discharged under other than honorable conditions on 16 June 1971, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. At the time of his discharge, the applicant received a letter explaining the procedures for applying...
ARMY | BCMR | CY2001 | 2001061146C070421
The applicant requests, in effect, that the military records of her deceased spouse, a former service member (FSM), be corrected to show he applied for retired pay upon reaching age 60 and at that time elected to participate in the Survivor Benefit Plan (SBP) with the option of “spouse” coverage. On 4 September 1990, he was notified that he had completed the required years of service to be eligible for retired pay upon application at age 60. That all of the Department of the Army records...
ARMY | BCMR | CY2001 | 2001061148C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. On 20 November 1979, the applicant was discharged, with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 14, for misconduct. A discharge UOTHC is normally appropriate for a soldier discharged under this chapter.
ARMY | BCMR | CY2001 | 2001061151C070421
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) The applicant’s DD Form 214, item 29 shows that the applicant had been wounded in action.
ARMY | BCMR | CY2001 | 2001061157C070421
Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor. DETERMINATION : The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
ARMY | BCMR | CY2001 | 2001061159C070421
APPLICANT REQUESTS: Correction of his military records to have his military discharge reflect his name as First Initial, Middle Name, Last Name vice First Name, Middle Initial, Last Name. The applicant's Certification of Military Service shows that he was a member of the Regular Army from 11 September 1946 until he was honorably discharged on 3 February 1948. The applicant's current driver’s license shows that he now refers to himself using the format of First Initial, Middle Name, Last...
ARMY | BCMR | CY2001 | 2001061160C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2001 | 2001061162C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2001 | 2001061164C070421
Based on this case, the Board held that as a matter of equity it would be in the interest of justice to grant the same relief to two later applicants. In 1999, the U. S. District Court for the District of Columbia and the U. S. Army agreed to settle a lawsuit by two JAGC lieutenant colonels who claimed that the affirmative action portion of instructions used by the colonel’s promotion board violated their equal protection and due process rights under the Fifth Amendment to the Constitution....
ARMY | BCMR | CY2001 | 2001061168C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In support of his application, the applicant provided a copy of Special Orders Number 150, dated 16 July 1958, showing his temporary appointment to the rank of specialist/E-4; Special Orders Number 70, dated 11 March 1966, showing his assignment to Headquarters and Headquarters Battery, 2 nd Missile Battalion, 61 st Artillery; a Letter of Appreciation, dated 11 May 1967,...
ARMY | BCMR | CY2001 | 2001061172C070421
He stated that he proceeded with the Article 15 and separation action after receiving the applicant’s sworn statement and the CID report. Army Regulation 635-200 also states that when the reason for separation requires the administrative board procedure, the commander will notify the soldier in writing and, among other things, “cite the specific allegations on which the proposed action is based.” The unit commander’s notification was not in records available to the Board, nor provided as...
ARMY | BCMR | CY2001 | 2001061173C070421
APPLICANT REQUESTS: That the records of her deceased husband, a former service member (FSM), be corrected to reflect that she and the FSM elected Option C on the Survivor Benefit Plan (SBP) Election Certificate (DD Form 1883) which was completed on 9 October 1990. However, on 3 July 2001, just days after her husband’s death, she received a memorandum from the same personnel official advising her that because the FSM had died before changing or making an election, she was no longer eligible...
ARMY | BCMR | CY2001 | 2001061176C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2001 | 2001061180C070421
d. Records show that the applicant was properly notified of intent to separate him under the provisions of Army Regulation 635-206, that he was afforded the opportunity to have his case considered by a board of officers and to be represented by counsel, that his case was heard by a board of officers, and that only after receiving the recommendations of the board of officers, did the appropriate separation authority direct the applicant’s discharge. The Board considered the applicant’s...
ARMY | BCMR | CY2001 | 2001061181C070421
Further, the file contains an Authorization for Issuance of Awards (DA Form 1577), dated 13 December 1996, issued by the Department of the Army, Army Reserve Personnel Center, St. Louis, Missouri, which confirms the Army authorized and issued the following awards to the applicant: Bronze Star Medal, Presidential Unit Citation; American Campaign Medal; European-African-Middle Eastern Campaign Medal with 2 bronze service stars, World War II Victory Medal, and Expert Infantryman Badge. ...
ARMY | BCMR | CY2001 | 2001061182C070421
On 25 January 1961, while the applicant was confined at the Special Processing Detachment, he underwent a mental status evaluation by professionally trained personnel and was determined to be suffering from a passive aggressive reaction that existed prior to service. On 2 March 1961, the applicant was discharged for unfitness under the provisions of Army Regulation 635-208, with a UD. In light of his good post-service conduct, and considering the nature of his indisciplines while on active...
ARMY | BCMR | CY2001 | 2001061185C070421
EVIDENCE OF RECORD : The applicant's military records show: By memorandum dated 26 September 1995, the applicant was notified that he had been determined to be barred from reenlistment under the Department of the Army Qualitative Management Program (QMP). Army Regulation 635-5-1, SPD/Reentry Code Cross-Reference Table states that RE code 4 will be used when a soldier is discharged under the QMP.
ARMY | BCMR | CY2001 | 2001061187C070421
He was discharged on 29 October 1989 and enlisted in the U. S. Army Reserve on 30 October 1989 for 5 years. The VA, however, is not required by law to determine medical unfitness for further military service. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
ARMY | BCMR | CY2001 | 2001061191C070421
The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect award of the Purple Heart. There is sufficient evidence to conclude the applicant was wounded as a result of hostile action while in Korea and as such is entitled to an award of the Purple Heart. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2001 | 2001061195C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2001 | 2001061200C070421
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal AIT in career management field 67 MOS’s. Evidence of record shows the applicant successfully completed AIT and was awarded MOS 67A (aircraft...
ARMY | BCMR | CY2001 | 2001061202C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In August 2000, the VA awarded him service connection for PTSD with an evaluation of 100 percent effective 10 October 1995. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
ARMY | BCMR | CY2001 | 2001061205C070421
1st Infantry Brigade, 5th Infantry Division General Orders Number 71, dated 17 January 1971, show the applicant was awarded the Bronze Star Medal for meritorious service from March 1970 to March 1971. Therefore, the applicant is entitled to award of the Purple Heart and correction of his military records to show this award. Therefore, the applicant is entitled to correction of his military records to show this award.
ARMY | BCMR | CY2001 | 2001061206C070421
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s service personnel records contain a WD AGO Form 0707 (Record of Award of Purple Heart) which shows that Osaka Army Hospital General Orders Number 398, dated 30 December 1950, awarded the applicant the Purple Heart for wounds received in action on 8 December 1950 in Korea. Evidence of record...
ARMY | BCMR | CY2001 | 2001061208C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant requested discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, AR 635-200. The evidence of record shows the applicant was discharged under the provisions of chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY2001 | 2001061216C070421
The applicant requests that his WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge, be corrected by issuing him a DD Form 215, Correction to WD AGO Form 53-55, reflecting the service schools he attended while in the military. There is no evidence in the available records, nor was the applicant able to provide any, to indicate that he attended cooking school. Without such evidence, the Board cannot recommend that the applicant be issued a DD Form 215...
ARMY | BCMR | CY2001 | 2001061218C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. DISCUSSION : Considering...
ARMY | BCMR | CY2001 | 2001061224C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. On 3 April 1985, the suspension of her reduction to pay grade E-3 was vacated based on her violation of a lawful order on 29 March 1985. The applicant has not...
ARMY | BCMR | CY2001 | 2001061229C070421
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s available military records show that he served on active duty from 26 June 1946 through 20 November 1947 and was honorably separated. His DD Form 214 shows, “S/A [small arms] wounds in groin 25 Apr 1951.” His DD Form 214 also shows entitlement to award of the Parachute Glider Badge, the Good...
ARMY | BCMR | CY2001 | 2001061232C070421
Therefore, based on the evidence of record, the applicant is entitled to correction of his record to show the award of the Combat Infantryman Badge. a. awarding the applicant the Purple Heart Medal, the Army Good Conduct Medal for the period 10 February 1966 – 7 February 1969 and the Combat Infantryman Badge; and b. adding the Purple Heart Medal, the Army Good Conduct Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of...
ARMY | BCMR | CY2001 | 2001061233C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. Accordingly, the applicant was discharged pursuant to the sentence of a general court-martial on 31 August 1954.