ARMY | BCMR | CY2001 | 2001062229C070421
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. Based upon review by the Office of Promotion, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected by the 1995 Reserve Components Selection Board. Material error in this context is one or more...
ARMY | BCMR | CY2001 | 2001062230C070421
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 states that his records were incomplete when seen by the captain selection board. Based upon review by the Office of Promotion, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained material error when he was considered and...
ARMY | BCMR | CY2001 | 2001062231C070421
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. Based upon review by the Office of Promotion, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected by the Reserve Components Selection Board. Material error in this context is one or more...
ARMY | BCMR | CY2001 | 2001062234C070421
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. Based upon review by the Office of Promotion, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected by the 1995 Reserve Components Selection Board. Material error in this context is one or more...
ARMY | BCMR | CY2001 | 2001062238C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The eighth statement is from one of the friends for whom the applicant was buying beer the day of the incident described by the applicant. In view of the foregoing, there is no basis for granting the applicant's request.
ARMY | BCMR | CY2001 | 2001062239C070421
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 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during World...
ARMY | BCMR | CY2001 | 2001062240C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The FSM's military records show: Furthermore, at the time of their divorce, RCSBP had not yet been established.
ARMY | BCMR | CY2001 | 2001062246C070421
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 military records show he was enrolled in the ROTC/SMP from 15 September 1986 to 13 May 1988, and served in the US Army Reserve (USAR) not on active duty from 14 May to 2 June 1988. Item 18 (Remarks) of the applicant’s DD Form 214 shows the entry “Block 12c includes service as a USMA Cadet from...
ARMY | BCMR | CY2001 | 2001062248C070421
B___ then applied to this Board for the RCSBP annuity in 1995. Since he was married on the date he was eligible to participate in the RCSBP, by law he could not have made a person with insurable interest election. However, since it was clearly the FSM’s intent to provide for his former spouse, the applicant, and not B___, and since spousal concurrence with a failure to elect spouse coverage was not required at the time, there was no legal error or injustice in not granting B___ the RCSBP annuity.
ARMY | BCMR | CY2001 | 2001062249C070421
In that memorandum the CG stated that the changed OER was not referred to the applicant as required; that the applicant was granted an extension of his suspense to submit comments on his relief for cause OER, but the OER was forwarded for inclusion in his OMPF prior to the new suspense date; that a supplemental review of the OER was not accomplished as required; that the findings of the Army Regulation (AR) 15-6 investigation that resulted in a letter of reprimand were not supported by the...
ARMY | BCMR | CY2001 | 2001062250C070421
He was given a date of discharge of 4 June 1991. In any case, his resignation for the good of the service was forwarded to Headquarters, Department of the Army on 28 March 1991 and the AD HOC Review Board recommended the applicant’s resignation be accepted with a discharge UOTHC on 8 April 1991. His January 1991 physical was accomplished incident to retirement, discharge, or release from active duty (i.e., what he hoped would be a physical disability separation) and noted in detail his...
ARMY | BCMR | CY2001 | 2001062251C070421
By letter dated 27 August 1999, AR-PERSCOM informed the applicant that since he did not respond to the RCSBP materials he received on 29 April 1998 within 90 days, he was excluded from participating in the SBP until attaining age 60 and applying for retired pay. By letter dated the same date, AR-PERSCOM informed the applicant’s spouse that he did not enroll in the RCSBP. However, the law states that the 90-day period begins the date the member receives the 20-year letter.
ARMY | BCMR | CY2001 | 2001062252C070421
APPLICANT REQUESTS: In effect, that he be granted service credit for Reserve service between 1946 and 1949 and retired pay. The Board notes the applicant’s contention that he should be granted qualifying service credit for non-regular retired pay for his Reserve service between 1946 and 1949, which would make him eligible to receive non-regular retired pay. The Board finds insufficient evidence to show that his being denied non-regular retired pay was the result of an error in his military...
ARMY | BCMR | CY2001 | 2001062253C070421
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. There is no evidence, nor has the applicant provided any compelling evidence that he was promoted to Staff Sergeant, three grades above his Private First Class...
ARMY | BCMR | CY2001 | 2001062254C070421
APPLICANT REQUESTS: Correction of his military records by revocation of Orders 311-00200, dated 6 November 2000, dropping him from the rolls of the Army effective 3 November 2000; by revocation of his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 3 November 2000; and by referral of his case to the Army Grade Determination Review Board (AGDRB). On 25 October 2000, the TRADOC commander at Fort Monroe advised the commander of the Total Army Personnel Command...
ARMY | BCMR | CY2001 | 2001062260C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The appellate review must be completed and the affirmed sentence ordered duly executed.In accordance Army Regulation 635-5, effective 1 October 1979, a DD Form 214 is no longer prepared for a soldier who is honorably discharged for the purpose of immediately reenlisting. However, if a member reenlists prior to the completion of that period of service, the first term of...
ARMY | BCMR | CY2001 | 2001062261C070421
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. Based upon review by the Office of Promotions, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected by the 1993 Reserve Components Selection Board. c. that all documents related to his...
ARMY | BCMR | CY2001 | 2001062263C070421
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. Based upon review by the Office of Promotions, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected by the 1996 Reserve Components Selection Board. Material error in this context is one or more...
ARMY | BCMR | CY2001 | 2001062264C070421
The applicant states that because his military records incorrectly listed him as a major, instead of his correct rank of lieutenant colonel, he was not considered for promotion by the 1996, 1997 or 1998 Reserve colonel selection boards. Based upon review by the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM), the applicant’s official military personnel file (OMPF) was erroneously not considered and is eligible for consideration for promotion to colonel by a...
ARMY | BCMR | CY2001 | 2001062266C070421
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. APPLICANT REQUESTS: In...
ARMY | BCMR | CY2001 | 2001062278C070421
The applicant states, in effect, that the DD Form 214 issued to him on 3 February 1964 does not accurately reflect the total foreign service he completed in Korea, which includes two separate tours. The evidence of record confirms that the DD Form 214, issued to the applicant on 3 February 1964, accurately documents the foreign service he completed in Germany and Korea during the period of active duty service covered by this separation document. The Board notes that the applicant did serve...
ARMY | BCMR | CY2001 | 2001062281C070421
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 requests, in effect, that his military records be corrected to show the award of the Purple Heart (PH). The SF 502 in the record clearly establishes that the applicant received a combat related injury while participating in action against the enemy in the RVN and that this injury was treated by...
ARMY | BCMR | CY2001 | 2001062285C070421
The applicant’s military records show that he enlisted on 29 November 1968, for a period of 2 years. Army Regulation 600-8-22 provides that bronze service stars are awarded to represent participation in designated campaign periods. Although the applicant was an infantryman assigned to an infantry unit in Vietnam, the Board can find no evidence to show that he engaged the enemy in Vietnam in that capacity.
ARMY | BCMR | CY2001 | 2001062287C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his records be corrected to show he was selected for promotion to captain while he was in the Individual Ready Reserve (IRR). However, considering the promotion board which considered him for promotion to captain the second time was not approved until around 1998, it appears that a discharge date around 1998 would have been appropriate.
ARMY | BCMR | CY2001 | 2001062288C070421
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. APPLICANT REQUESTS: In effect, that his military records be changed to show his correct social security number (SSN) and date of birth (DOB). The applicant provides no evidence that suggests the SSN and DOB recorded in his military records was in error at the time.
ARMY | BCMR | CY2001 | 2001062294C070421
The applicant states that his DD Form 214 shows that he was wounded, but his discharge document does not show that he was awarded the Purple Heart. Based on the applicant’s active duty service during the period 16 January 1951 through 12 July 1952, he is entitled to award of the National Defense Service Medal and correction of his records to show this award. Based on the applicant’s service in Korea during the Korean conflict, the applicant is entitled to award of the Korean Service Medal...
ARMY | BCMR | CY2001 | 2001062295C070421
The applicant submits copies of documents related to his reductions in grade which include his company commander’s 12 January 2000 recommendation for separation, part of the proceedings of his 21 November 2000 Administrative Separation Board, a summary of his rehabilitation appointments recorded on two appointment information sheets, two court-martial charge sheets for cocaine use, a 26 June 2000 summary of rehabilitation services, and a 30 November 2000 letter from a private substance abuse...
ARMY | BCMR | CY2001 | 2001062296C070421
However, this form shows that the applicant was credited with serving in Vietnam during the following campaigns: Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm. While the applicant has...
ARMY | BCMR | CY2001 | 2001062298C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. 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 | 2001062301C070421
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Evidence of record shows the applicant was discharged under other than honorable conditions on 2 February 1972 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. Evidence of record also shows the applicant was discharged under other than honorable conditions on 16 February 1973 under the provisions of Army Regulation 635-200, chapter 14, for fraudulent entry.
ARMY | BCMR | CY2001 | 2001062302C070421
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. On 18 March 1986, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge. Considering the applicant’s record of service and the reason for his discharge, the RE codes given were and still are appropriate.
ARMY | BCMR | CY2001 | 2001062304C070421
In support of his application, he submits a copy of his Data for Payment of Retired Pay (DD Form 2656) showing that he declined enrollment in the SBP and a notarized statement from his wife declining enrollment in the SBP. Although the applicant was properly enrolled in the SBP for the full amount of coverage at the time of his placement on the Retired List, due to the absence of spousal concurrence, the evidence of record clearly shows that the applicant elected to decline enrollment in...
ARMY | BCMR | CY2001 | 2001062307C070421
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 was inducted, served, and was honorably separated from the Army under the SSN in his military records. Therefore, he is entitled to award of the CIB and correction of his records to show this award.
ARMY | BCMR | CY2001 | 2001062328C070421
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. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged...
ARMY | BCMR | CY2001 | 2001062330C070421
Army Regulation 635-5-1 shows that the SPD MBK is assigned to Regular Army enlisted soldiers who are eligible to reenlist but who are released from active duty on completion of their enlistment. SPD LBK is assigned to Regular Army enlisted soldiers who are ineligible for, barred from, or otherwise denied reenlistment who are separated upon completion of enlistment. Paragraph 2-19 of this regulation states that soldiers who have lost time require a waiver to reenlist, unless a waiver was...
ARMY | BCMR | CY2001 | 2001062331C070421
APPLICANT REQUESTS: In effect, that his discharge from the United States Army Reserve (USAR) be voided, that he be reinstated to an active USAR status, and that he be allowed to complete 20 years of service. On 26 March 1991, orders were published by that headquarters which honorably discharged him from the USAR under the provisions of Army Regulation 135-178, paragraph 12-1, effective the date of the orders. Although all of the facts and circumstances surrounding the applicant’s discharge...
ARMY | BCMR | CY2001 | 2001062333C070421
The applicant states, in a five page letter submitted with his application through his senator, that because he left the Republic of Vietnam (RVN) without having his company records being reviewed, he may be entitled to the Bronze Star, the Air Medal and the Purple Heart as well as other awards or medals. The available records do not show that the applicant was awarded the Good Conduct Medal. There is no evidence of record, and the applicant has provided no evidence, which shows that he...
ARMY | BCMR | CY2001 | 2001062342C070421
The applicant states that the award of the BSM is not shown on his DD Form 214 because it was awarded after his discharge. He served with Company I of the 279 th Infantry Regiment, a 45 th Infantry Division organization, during the Korean War, and was awarded the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge. The applicant is entitled to that award.
ARMY | BCMR | CY2001 | 2001062344C070421
Contrary to the newspaper article provided by the applicant which states the applicant was wounded on 9 March 1945, evidence of record shows the applicant was wounded as a result of hostile action on 8 March 1945 in the Asiatic Pacific Theater of Operations. The applicant was a member of the 43d Infantry Division when it was cited for award of the Philippine Republic Presidential Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award. The...
ARMY | BCMR | CY2001 | 2001062349C070421
APPLICANT REQUESTS: That he be given a Special Selection Board (SSB) for promotion to Chief Warrant Officer Four (CW4). Army Regulation 600-8-29 (Officer Promotions), paragraph 1.33.d, states that to be considered by a promotion board, evaluation reports for officers in the zone of consideration must be received in the Evaluation Reports Branch, PERSCOM, by the due date identified in the selection board notice. With the OER in question included in the applicant’s record, the applicant was...
ARMY | BCMR | CY2001 | 2001062355C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Records show he served as a combat engineer (12A) in an armored cavalry unit in combat while serving in Vietnam. The evidence of record shows that he served as a combat engineer (12A) while serving in Vietnam.
ARMY | BCMR | CY2001 | 2001062360C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That the records of her deceased spouse, a former service member (FSM), be corrected to show he was discharged from the Army National Guard (ARNG) for minority with an honorable discharge, that his discharge from the U. S. Army Reserve (USAR) be changed to a physical disability discharge, and that his service medical records be amended to reflect...
ARMY | BCMR | CY2001 | 2001062362C070421
APPLICANT STATES : That he requested a discharge and it was approved; however, he was not informed of the type of discharge until he sat down to sign the discharge. The regulation also states that an individual separated by reason of unfitness will normally be furnished an undesirable discharge certificate. The Board reviewed the applicant’s record of service which included two nonjudicial punishments, two summary court-martial convictions and 30 days lost time and determined that his...
ARMY | BCMR | CY2001 | 2001062364C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE Codes, based on their service records or the reason for discharge. The Board notes that the RE-3 is appropriate and consistent with the reason the applicant left active duty, and the Board finds no basis to correct the existing code.
ARMY | BCMR | CY2001 | 2001062367C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : That the countries in which he served are not listed in item 32 (Battles and Campaigns) on his discharge document, especially France. 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 | 2001062370C070421
After being commissioned as a USAR CPT, the next available Department of the Army Reserve Components Mandatory Promotion Selection Board (RCSB) for MAJ convened on 24 March 1998. The applicant was first considered for promotion under ROPMA by the 2 March 1999 RCSB for MAJ and was selected for promotion on this first consideration. The applicant's MAJ promotion effective date and DOR of 3 January 2000, the date that the 1999 RCSB recommendations were approved, are correct.
ARMY | BCMR | CY2001 | 2001062371C070421
The ROPMA provides that in order to be eligible for promotion to major the MTIG is 7 years as a captain, and that an officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completed the maximum service. Promotion to major required 7 years time in grade; therefore, based on his date of rank of 1 July 1991 to captain, his promotion eligibility date was 30 June 1998. In view of the foregoing, the applicant’s records should...
ARMY | BCMR | CY2001 | 2001062372C070421
The applicant applied to the Board to correct his records to show he was retired by reason of a physical disability. The VA Rating Decision dated 9 June 1998 shows the evidence established that the applicant’s Meniere’s syndrome was well controlled and stable on medication prior to 20 August 1993. Once a soldier is determined to be physically unfit for further military service, percentage ratings are applied to the unfitting conditions from the VASRD.
ARMY | BCMR | CY2001 | 2001062377C070421
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. Medical evidence of record shows the applicant was wounded as a result of hostile action on 6 August 1950 in Korea. Therefore, the applicant is entitled to award of the Purple Heart and correction of his military records to show this award.
ARMY | BCMR | CY2001 | 2001062380C070421
249th General Hospital General Orders Number 43, dated 3 May 1967, show the applicant was awarded the Purple Heart for wounds sustained on 21 March 1967. 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. 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 sustained in action...