ARMY | BCMR | CY2001 | 2001061387C070421
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 was discharged pursuant to his general court-martial conviction on 4 April 1997 and issued a bad conduct discharge. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2001 | 2001061403C070421
The 24 January 1969 letter provided by the applicant indicates that he “had already been recommended for E-5…” It provides for award of the Republic of Vietnam Campaign Medal with device 1960 to members assigned to Vietnam for at least 6 months. There is no evidence to show that the applicant was promoted into such a vacancy and once he departed Vietnam the promotion recommendation was no longer valid.
ARMY | BCMR | CY2001 | 2001061405C070421
There is no available evidence that the applicant was ever awarded or recommended for an award of the Silver Star or the Distinguished Service Cross. With support from a Member of Congress, he may apply to the Military Awards Branch for award of the Silver Star and the Distinguished Service Cross. That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the RVN...
ARMY | BCMR | CY2001 | 2001061407C070421
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. A DA Form 638 (Recommendation for Award), dated 15 February 1998, shows the applicant received the Army Commendation Medal for “meritorious service” during the period 18 December 1995 to 30 May 1998. The applicant received the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214...
ARMY | BCMR | CY2001 | 2001061414C070421
The applicant requests that his discharge document be corrected to show he was a Prisoner of War (POW) during World War II and any awards or decorations to which he may be entitled. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War (POW) Medal. The applicant is also entitled to award of the POW Medal and correction of his military records to show this award.
ARMY | BCMR | CY2001 | 2001061415C070421
The applicant requests that he be awarded the Purple Heart. He had requested his WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, be corrected to add the Purple Heart after his discharge by completing a WD AGO Form 106, Request for Decoration and/or Citation. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for wounds he sustained on 9 April 1945.
ARMY | BCMR | CY2001 | 2001061419C070421
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart, the Combat Infantryman Badge, the Good Conduct Medal and the “Expert Rifleman Badge” (correctly known as the Expert Marksmanship Qualification Badge with Rifle Bar). The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart, the Combat Infantryman Badge, the Good Conduct Medal or the...
ARMY | BCMR | CY2001 | 2001061421C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he is entitled to award of the Combat Medical Badge (CMB). Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CMB is awarded to medical department personnel (colonel and below) who are assigned or attached to...
ARMY | BCMR | CY2001 | 2001061424C070421
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: The statement attributed to MSG M____ relates various personnel problems with individuals within the company and with the company commander but it does not directly provide any information that mitigates the applicant's behavior. However, they are not supported by either evidence submitted with the...
ARMY | BCMR | CY2001 | 2001061427C070421
DoD noted that there presently exists in current law substantial authority to counteract the effects of the statute of limitations in the context of military records corrections. It would be appropriate to show that the applicant’s mother, the FSM’s spouse, submitted the DD Form 1884 on 1 April 1983, thereby entitling her to the SBP annuity. That the applicant’s mother, the FSM’s spouse, be paid an annuity based upon the above corrections retroactive to 23 March 1983, the date of the FSM’s death.
ARMY | BCMR | CY2001 | 2001061428C070421
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. Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual’s non-selection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have...
ARMY | BCMR | CY2001 | 2001061432C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He contends that these documents were presented to the promotion board, but not considered in the selection process. The applicant's statement that promotion board members had "pre-selected lists" of officers who were promoted over him is without merit.
ARMY | BCMR | CY2001 | 2001061434C070421
On the same date, the applicant was confined by military authorities. He was discharged after completing 8 months and 6 days of active military service and accruing 682 days of lost time for AWOL and confinement. The applicant requested a hardship discharge and was removed from training prior to completing it; however, the hardship discharge was never approved.
ARMY | BCMR | CY2001 | 2001061435C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 7 December 1999, the applicant’s commander notified him that he was initiating action to separate him from the service with an uncharacterized discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct. Therefore, given his otherwise undistinguished record of service, the Board finds that his contentions are insufficient to warrant relief in...
ARMY | BCMR | CY2001 | 2001061436C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: The Board considered the applicant’s contention that she suffered reprisal and was discriminated against for “whistleblowing.” However, evidence of record shows that the DOD IG,...
ARMY | BCMR | CY2001 | 2001061440C070421
EVIDENCE OF RECORD : The applicant's military records show: The evidence of record shows that the applicant incurred an 8 year MSO upon his initial enlistment in the active Army on 2 October 1989, which would have established his MSO completion date as 1 October 1997. The separation document shows that the applicant was discharged and not transferred to the IRR upon his early separation from active duty.
ARMY | BCMR | CY2001 | 2001061442C070421
In response to an earlier request from the applicant that he be provided all foreign service awards for which he was eligible and that these awards and his LOM be recorded on his DD Form 214 for the period ending 31 July 1969, the Board determined on 23 September 1998, that the applicant was authorized to have the following additional awards added to his DD Form 214 for the period ending 31 July 1969. The Board denied adding the LOM since there was no evidence of its award. The applicant...
ARMY | BCMR | CY2001 | 2001061443C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. As stated by the applicant, this Board reconsidered the requests of 14 USUHS graduates (Class of 1987) who were seeking 4 years' constructive service credit for attendance at USUHS and had been previously denied. In this letter, the former USMA Surgeon stated unequivocally that he told prospective USUHS students from the USMA Class of 1983 that they would receive...
ARMY | BCMR | CY2001 | 2001061444C070421
He then went to see SGM R. and requested that his school date be postponed until July 1999. Army Regulation 351-1 provides in pertinent part, that ANCOC training prepares Department of the Army selected SSG and SFC for leadership positions at platoon sergeant level. However, the request itself did not relieve the applicant from the responsibility of being prepared to attend ANCOC as scheduled, since any request may be denied.
ARMY | BCMR | CY2001 | 2001061446C070421
The applicant states that the document he wishes removed is a Disqualification for Award of the Army Good Conduct Medal memorandum dated 14 September 1993. He says that the same commander who directed filing of the memorandum of disqualification later awarded him an Army Good Conduct Medal for the same period. That all of the Department of the Army records related to this case be corrected by removing from the OMPF of the individual concerned the memorandum, Subject: Disqualification for...
ARMY | BCMR | CY2001 | 2001061447C070421
On 30 June 1995 the California Army National Guard informed her that her medical records had been reviewed by a medical evaluation board (MEB) conducted from 1 April 1995 through 31 May 1995 and that the board found her unfit for retention in accordance with Army Regulation 40-501, chapter 3. In a 13 May 1999 advisory opinion regarding her 8 October 1997 application to this Board requesting a medical discharge, the Army Review Boards Medical Advisor noted that she had been discharged...
ARMY | BCMR | CY2001 | 2001061448C070421
In support of his application, he submits a supplemental letter, a copy of the Article 15, dated 24 March 2000, an Article 15 Punishment Worksheet, the contested NCOER, a memorandum of Appointment of Administrative Board, the Findings and Recommendations of the Administrative Separation Board, two appeals to the Article 15, a notice of denial of continued active duty service under the QMP, a List of QMP Documents, a Statement of Options, his QMP (DA Form 4941-R), his Developmental Counseling...
ARMY | BCMR | CY2001 | 2001061451C070421
On 12 August 2001, the applicant amended his application, by letter, to request that his records be corrected to show his effective date of promotion to captain also be corrected. In view of the additional factors in this case the applicant is entitled to correction of his record to show he was promoted to captain with a DOR and effective date of 8 August 1995. That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing...
ARMY | BCMR | CY2001 | 2001061469C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The evidence of record shows the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a...
ARMY | BCMR | CY2001 | 2001061470C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 30 July 1971, the appropriate authority approved the applicant’s request with a UD. On 24 June 1977, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his UD to a GD.
ARMY | BCMR | CY2001 | 2001061475C070421
The applicant states that his DD Form 214 incorrectly shows he was released from active duty due to “Failure of Selection – Permanent Promotion”. His DD Form 214 shows he was released from active duty under the provisions of Army Regulation 635-100, chapter 3, section XXVI, for failure of selection – permanent promotion. Army Regulation 135-215 (Officer Periods of Service on Active Duty) provides for officers of the Reserve Components to serve on extended active duty.
ARMY | BCMR | CY2001 | 2001061476C070421
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. There is no evidence of...
ARMY | BCMR | CY2001 | 2001061500C070421
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. Evidence provided by the applicant shows that he sustained wounds in action on 9 September 1944 that should entitle him to award of the Purple Heart. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was wounded in action on 9 September...
ARMY | BCMR | CY2001 | 2001061503C070421
The applicant requests, in effect, his enlistment be voided and reinstatement as an officer. The ROPMA also specifies that the earliest date of rank an officer may have is the approval date of the criteria under which they were recommended. The applicant is entitled to expunction of his enlistment contract, with no force or effect, reinstatement to his previous commissioned status, and further correction of his military records to show he was promoted to major with a date of rank of 3 June...
ARMY | BCMR | CY2001 | 2001061505C070421
The Board considered the following evidence: The applicant’s previous request (AR2001051919, dated 5 January 2001) to correct his records was administratively closed (16 April 2001) due to an inability to locate any of the applicant’s military records. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error and rectify an injustice.
ARMY | BCMR | CY2001 | 2001061514C070421
His DD Form 214 (Report of Transfer or Discharge), item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) listed the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medical with Device (1960) and the Parachutist Badge. There is no evidence of record, and the applicant has provided no evidence, which shows that he was entitled and/ or qualified for awarded of the Air Medal. In view of the foregoing, the...
ARMY | BCMR | CY2001 | 2001061516C070421
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. 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...
ARMY | BCMR | CY2001 | 2001061522C070421
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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant has not presented and...
ARMY | BCMR | CY2001 | 2001061530C070421
She also states that the FSM had a hernia and nothing was done about it and that the FSM was awarded a BSM and never received it. The Board has noted the applicant’s request that the cause of her husband’s death be changed to reflect that it was service-connected; however, it is not within the Board’s purview to make such a determination at this point. Notwithstanding the lack of jurisdiction of the Board to make such a correction, there appears to be no basis for such a determination...
ARMY | BCMR | CY2001 | 2001061531C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Paragraph 1-6 states, in pertinent part, that indebtedness to the U.S. Army may be remitted or canceled under 10 USC 4837 in cases arising from payments made in error to a soldier; payments made in excess of an allowance on behalf of a soldier; debts incurred while serving as an officer of the U.S. Army; debts acknowledged as valid; debts for which an appeal has been...
ARMY | BCMR | CY2001 | 2001061532C070421
APPLICANT REQUESTS: That he be promoted from pay grade E-7 to pay grade E-8 or that he be advanced on the Retired list to the highest grade in which he served, “master sergeant, E-7.” On 1 February 1958, in accordance with Army Regulation 640-201, the rank of master sergeant, pay grade E-7, was converted to sergeant first class, pay grade E-7. There is no evidence that the applicant was promoted to the pay grade of E-8.
ARMY | BCMR | CY2001 | 2001061536C070421
The Board considered the following evidence: The applicant provided an award certificate, dated 15 September 1969, which shows he received the Purple Heart for wounds received in action on 6 September 1969 in Vietnam. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.
ARMY | BCMR | CY2001 | 2001061537C070421
The Board considered the following evidence: 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: Evidence of record shows that the applicant did not list this larceny offense in item 36f on his application for enlistment.
ARMY | BCMR | CY2001 | 2001061538C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that he was severely injured in an automobile accident in 1970 and subsequently was released from the military medical facility at Fort Gordon, Georgia. The Board notes that the applicant requested administrative separation in lieu of trial by court-martial and acknowledged the consequences of receiving an under other than honorable...
ARMY | BCMR | CY2001 | 2001061539C070421
The applicant requests reconsideration of his previous application to correct his military records by showing that he was separated from active duty in pay grade E-4 and not E-3; that he received the Marksman Qualification Badge with Rifle Bar; and that the highest civilian education level he achieved was high school graduate, based upon his General Educational Development (GED). The applicant had completed his GED tests prior to his separation from active duty, and those test scores were...
ARMY | BCMR | CY2001 | 2001061545C070421
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. 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...
ARMY | BCMR | CY2001 | 2001061546C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The record does not indicate that the applicant petitioned the United States Court of Military Appeals for a grant of review. 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 | 2001061559C070421
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. 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 | 2001061562C070421
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 | 2001061564C070421
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, the Air Medal, and the Bronze Star Medal. The applicant’s personnel records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 30 April 2001, which shows the applicant was issued an award of the Purple Heart and the Air Medal. The applicant’s records show that he received a second award of the Bronze Star Medal for...
ARMY | BCMR | CY2001 | 2001061569C070421
The applicant requests, in effect, that the Board affirm the upgrade of his discharge by the Army Discharge Review Board (ADRB) and that he be awarded the Combat Infantryman Badge (CIB). The applicant states, in effect, the upgrade of his undesirable discharge to a general discharge, approved by the ADRB in 1979, requires affirmation by the Army Board for Correction of Military Records for him to qualify for benefits administered by the Department of Veterans Affairs. Based on an ADRB...
ARMY | BCMR | CY2001 | 2001061570C070421
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 27 November 1996, he was again counseled in regards to his having missed too much training, his refusal of FTU (First Training Unit) or restart, and lack of motivation or inability to adapt to the military.
ARMY | BCMR | CY2001 | 2001061571C070421
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. EVIDENCE OF RECORD : The...
ARMY | BCMR | CY2001 | 2001061573C070421
The applicant requests, in effect, that his separation document (DD Form 214) be changed to show his correct date of rank (DOR) to the pay grade of E-9. The evidence of record confirms that the applicant was initially promoted to the pay grade of E-9, effective 1 November 1993. Therefore, the Board concludes it would be appropriate to correct his separation document to reflect his correct effective date of promotion to the grade of E-9, which is 1 November 1993.
ARMY | BCMR | CY2001 | 2001061581C070421
The Board notes that the applicant’s WD AGO Form 53-55 shows that he was wounded in action twice; however, the available medical evidence shows that the injury incurred in August 1944 was a non-battle injury (i.e., non-hostile action). In view of the foregoing, the applicant’s records should be corrected as recommended below. That all of the Department of the Army records related to this case be corrected by awarding the Purple Heart to the applicant for wounds received on 3 January 1945...