ARMY | BCMR | CY2001 | 2001063602C070421
The applicant’s effective date of promotion and date of rank were established as 1 March 1995. The SSA stated that the applicant fully understood his requirement to complete the SGM Academy to maintain his promotion to sergeant major. On 6 April 1998 the applicant’s promotion order to sergeant major was revoked.
ARMY | BCMR | CY2001 | 2001063604C070421
APPLICANT REQUESTS: That the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage from spouse to former spouse. The FSM and the applicant divorced on 9 February 1999. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion it is concluded:
ARMY | BCMR | CY2001 | 2001063608C070421
Member The applicant and counsel if any, did not appear before the Board. The applicant requests that a DD Form 214 (Certificate of Release or Discharge from Active Duty) be prepared to cover his active duty service from 8 July 1994 to 9 April 1997. The evidence of record clearly shows the applicant served on active duty from 8 July 1994 to 9 April 1997 as a warrant officer and his records should be corrected accordingly.
ARMY | BCMR | CY2001 | 2001063609C070421
The applicant requests in effect, award of the Purple Heart (PH) and that his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) be corrected to show the Prisoner of War (POW) Medal. The applicant states, in effect, that his WD AGO Form 53-55 and his official military personnel record will show that he is entitled to these awards. Based on the information contained in the applicant’s official military record and the information furnished by the applicant, the...
ARMY | BCMR | CY2001 | 2001063615C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He had completed 1 year, 9 months, and 12 days of active 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 | 2001063616C070421
He returned to the United States in August 1944 and on 2 April 1945 was discharged with a certificate of disability for discharge. 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: Although the applicant may have been assigned to the 18 th Infantry Regiment, 1 st Infantry Division, during the period for which the unit was awarded the French Fourragere, he...
ARMY | BCMR | CY2001 | 2001063617C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence to show the FSM requested a change in his RCSBP election within one year of his marriage to the applicant. Without substantial evidence to show that it was the FSM’s intent to provide the RCSBP for the applicant, it does not appear that it would be inequitable to deny the relief requested.
ARMY | BCMR | CY2001 | 2001063618C070421
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Defense Meritorious Service Medal. Evidence of record shows the applicant received the Defense Meritorious Service Medal for the period 5 August 1996 to 22 February 2001. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Defense Meritorious Service Medal.
ARMY | BCMR | CY2001 | 2001063620C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his discharge under other than honorable conditions be upgraded to a general discharge. On 1 August 1985, the commander submitted his recommendation to separate the applicant under the provisions of Army Regulation 635-200, chapter 14, for misconduct – pattern of misconduct.
ARMY | BCMR | CY2001 | 2001063621C070421
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. DETERMINATION : The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient...
ARMY | BCMR | CY2001 | 2001063622C070421
Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that one bronze service star is authorized for the Vietnam Service Medal for each campaign when assigned for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone. Therefore, the Board is of the opinion that the applicant is entitled to the award of the CIB. However, evidence of record shows the applicant served during eight campaigns during his...
ARMY | BCMR | CY2001 | 2001063624C070421
It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply. The evidence of record shows that the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4 and was issued an RE Code of “RE 3” with a corresponding SPD code of “LBK.” The Board notes that under Army Regulation 635-5-1, the SPD code for voluntary REFRAD or transfer to the USAR is “MBK” with a corresponding RE code of “RE 1 or 3.”...
ARMY | BCMR | CY2001 | 2001063625C070421
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 did not report to Fort Sheridan and was AWOL from 16 April 1975 through 4 December 1975. Furthermore, there is no evidence of record that the applicant was experiencing any psychiatric problems or anxiety when he enlisted or when he was discharged from the Army.
ARMY | BCMR | CY2001 | 2001063626C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his military records be corrected to show he was awarded the Purple Heart. Neither is there any evidence that a unit or hospital commander may have awarded him the Purple Heart.
ARMY | BCMR | CY2001 | 2001063627C070421
It provided, in pertinent part, for the discharge due to unsuitability of those individuals with character and behavior disorders and disorders of intelligence as determined by medical authority. However, at the time of the applicant’s separation the regulation provided for the issuance of an undesirable discharge. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was discharged from the service with an Honorable...
ARMY | BCMR | CY2001 | 2001063633C070421
Simply stated, it only takes 2 years to go from the rank of second lieutenant to 1LT, so a 1LT granted 3 years of constructive credit would have DOR backdated 1 year, to account for the time not used to satisfy time in grade requirements for promotion. As a result, the applicant had to serve an additional year before he was promoted to the rank of CPT. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by showing that the individual concerned...
ARMY | BCMR | CY2001 | 2001063635C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. It indicated that "homosexual acts” is the appropriate narrative reason for discharge when the authority is "AR 635-120, Chap 4,” and the SPD code was “BRA” when the separation was based on a resignation or voluntary discharge in lieu of elimination proceedings. The applicant's petition to the Army Discharge Review Board to change the reason and authority for her...
ARMY | BCMR | CY2001 | 2001063638C070421
Army Regulation 635-5-1, as in effect at the time of the applicant’s release from active duty, lists the separation code MBK for use in officer cases only. There was no corresponding code for a voluntary release from active service with a transfer to the Reserve Components for enlisted personnel. Under current regulations a separation code of LBK is used for a soldier who is released from active duty but who is ineligible for, barred from, or otherwise denied reenlistment.
ARMY | BCMR | CY2001 | 2001063642C070421
The applicant requests reconsideration of his previous application to correct his military records to change his date of rank (DOR) as a captain by awarding him additional entry grade credit. Incorporated herein by reference are military records which were summarized in a decisional document prepared to reflect the Board's previous consideration of the case (AR2001058593) on 27 September 2001 . The Board notes the original receipt date of the substantiating documentation and the favorable...
ARMY | BCMR | CY2001 | 2001063652C070421
Evidence in the form of orders, his DD Form 214, and entries in his records provide evidence that the applicant was assigned as an infantryman to an infantry unit engaged in combat in Vietnam. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant was present for one campaign during his assignment in Vietnam, which is not correctly shown on his Vietnam Service Medal.
ARMY | BCMR | CY2001 | 2001063657C070421
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to reflect his award of the Combat Infantryman Badge (CIB) and the Purple Heart. The applicant states that his DD Form 214 does not show all of his awards. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2001 | 2001063663C070421
The applicant’s DD Form 214 for this period of service is not present in his records. The applicant’s DD Form 214 covering his service from 12 September 1970 to 18 January 1973 is present in his records. The Board also noted that the dates of the applicant’s foreign service in Vietnam were shown on the DD Form 215 (Correction to DD Form 214), dated 3 November 2000.
ARMY | BCMR | CY2001 | 2001063665C070421
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: Although his DA Form 20 shows that he was assigned infantry duties (MOS 11B) with the "Phu Loi Patrol" from 15 December 1969 to 12 February 1970, there is nothing in the applicant's records to show that he was ever in combat or was ever awarded a CIB.
ARMY | BCMR | CY2001 | 2001063667C070421
EVIDENCE OF RECORD : The applicant's military records show: He enlisted in the Regular Army on 23 August 1974 for a period of 3 years. On 2 September 1982, the applicant applied to the Army Board for Correction of Military Records (ABCMR) for an upgrade of his discharge.
ARMY | BCMR | CY2001 | 2001063668C070421
His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect award of the Good Conduct Medal. The Board also notes that in spite of board action recommending reclassification for inefficiency there is no evidence the applicant was ever reassigned from his supply duties or reclassified. There is no evidence, and the applicant has not provided any, that his reduction to pay grade E-2 while in the USAR was in error or unjust.
ARMY | BCMR | CY2001 | 2001063669C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his honorable discharge be corrected to show that he was discharged by reason of medical disability. There is no indication in the available records to show that he ever applied to the Army Discharge Review Board to have the reason for his separation changed within that board’s 15-year statute of limitations.
ARMY | BCMR | CY2001 | 2001063676C070421
The applicant requested reconsideration of his previous request wherein the Board granted relief to show that he was in a terminal (or transition) leave status during the period 22 November 1999 through 29 February 2000; he was retired on 1 March 2000. §5534a requiring that a member of the uniformed services serving on active duty may only accept Federal government employment if in a terminal (transitional) leave status. On an unknown date, the LOC initiated an investigation into the...
ARMY | BCMR | CY2001 | 2001063683C070421
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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The evidence of record substantiates that the applicant’s record should be corrected to reflect the award of four BSSs for wear on his VSM, the RVN Gallantry Cross with Palm...
ARMY | BCMR | CY2001 | 2001063684C070421
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 that his DD 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the receipt of the National Defense Service Medal. The evidence of record shows that the applicant served honorably during the above period for which the National Defense Service Medal was...
ARMY | BCMR | CY2001 | 2001063686C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Orders reassigning him to Fort Bragg were issued on 19 June 1990 and his reporting date was established as 31 December 1990. 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.
ARMY | BCMR | CY2001 | 2001063687C070421
His medical records show that the only time he was issued a profile was on 30 September 1968, while at Fort Benning, Georgia. However, the Board can find no evidence to support his contention that he had all of his teeth at the time of separation or that he entered the Army in June 1967 instead of September 1967. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2001 | 2001063689C070421
EVIDENCE OF RECORD : The applicant's military records show: shows the entry, “Back & shoulder partially paralyzed.” However, there is no evidence of record available to the Board which shows the applicant was hospitalized for any medical condition during his enlistment. Evidence of record shows that the findings of guilty and the sentence of the applicant’s special court-martial were set aside and authorization for a rehearing was granted.
ARMY | BCMR | CY2001 | 2001063694C070421
The applicant requests, in effect, promotion to captain. Her promotion was not recorded on her records and she was honorably discharged in the rank of first lieutenant effective 16 June 2000. The Board notes that the applicant, while serving in the Regular Army, was considered and selected for promotion to captain prior to her discharge.
ARMY | BCMR | CY2001 | 2001063696C070421
The applicant requests that his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Purple Heart. The applicant’s record also contains a copy of the Headquarters, 12 th Evacuation Hospital, General Orders Number 75 awarding him the Purple Heart for wounds received “in connection with military operations against a hostile force.” The date of action is listed as 21 May 1969.8. The evidence of record clearly shows that the applicant was wounded as a...
ARMY | BCMR | CY2001 | 2001063697C070421
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: 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 | 2001063698C070421
John E. DenningMember The applicant and counsel if any, did not appear before the Board. On 24 September 1951 he was discharged. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds sustained in January 1951 as a result of hostile action.
ARMY | BCMR | CY2001 | 2001063710C070421
APPLICANT REQUESTS: That his dishonorable discharge be upgraded to general, under honorable conditions (GD). 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: Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001063710SUFFIXRECONDATE BOARDED20020326TYPE OF DISCHARGEDDDATE OF DISCHARGE19991029DISCHARGE...
ARMY | BCMR | CY2001 | 2001063713C070421
The applicant requests that his DD Form 214, Report of Transfer or Discharge, be corrected to show that he was awarded the Purple Heart. The applicant states that his DD Form 214 does not show that he was awarded a Purple Heart. b. showing that he was awarded the Combat Infantryman Badge, the Good Conduct Medal for the period of 29 May 1968 to 30 December 1969, the Sharpshooter Qualification Badge with rifle bar, one silver service star to his Vietnam Service Medal, and the Republic of...
ARMY | BCMR | CY2001 | 2001063715C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 13 June 1997, he was discharged, in pay grade E-1, under Army Regulation 635-200. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor.
ARMY | BCMR | CY2001 | 2001063724C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : That the original amount of the debt was $5,161.06, as a result of his receiving basis allowance for housing (BAH) benefits at the “with dependent” rate during basic and advanced individual training. The applicant has failed to submit evidence to show that there was an error or injustice in this case.
ARMY | BCMR | CY2001 | 2001063728C070421
He states that he was in Japan, as a member of the 13 th General Hospital, between 19 October and 7 December 1945. However, he did not arrive in the United States until 20 December 1945. Notwithstanding the fact that the applicant’s unit was not granted occupation credit for Japan in Department of the Army Pamphlet 672-1, there is sufficient evidence to conclude that the applicant did serve in Japan prior to his return to the United States.
ARMY | BCMR | CY2001 | 2001063734C070421
The applicant requests correction of his records to show award of the Combat Medical Badge. The applicant’s DD Form 214 does not show the Combat Medical Badge as an authorized award. Records show the applicant served as a medical aidman in the 1st Battalion, 26th Infantry, of the 1st Infantry Division during combat in Vietnam.
ARMY | BCMR | CY2001 | 2001063738C070421
He asserted that he had not been timely counseled, that the OER did not include any of the 31 contributions he listed on his support form, that it was his rater who did not understand the brigade’s mission or lane training process, that it was not his responsibility to review his work, as there was an individual assigned to do just that, and that he was not aware that he was not allowed to give briefings. The applicant submitted an appeal of the OER to the OSRB on 29 September 1997,...
ARMY | BCMR | CY2001 | 2001063740C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his discharge be corrected to transfer to the Retired Reserve. His failure to maintain contact with the appropriate commands deprived the Government of the ability to call him to active duty.
ARMY | BCMR | CY2001 | 2001063743C070421
On 14 January 1994 the applicant’s commanding officer notified the applicant that he was initiating action to separate him for misconduct under the provisions of Army Regulation 635-200, chapter 14, for being AWOL for 28 days. On 19 January 1994 the applicant’s commanding officer recommended to the separation authority that the applicant be discharged. However, that board again, in an unanimous opinion, denied the applicant’s request to change his discharge (Tab D), stating that the...
ARMY | BCMR | CY2001 | 2001063749C070421
On 30 October 1970, after consulting with counsel, the applicant submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. Accordingly, the applicant was discharged under other than honorable conditions on 27 November 1970 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. Based on the applicant’s prior honorable discharge and his excellent record in...
ARMY | BCMR | CY2001 | 2001063753C070421
The applicant states, in effect, that the FSM’s Separation Qualification Record, WD AGO Form 100, shows he held the grade of Staff Sergeant. The FSM’s Certificate of Disability for Discharge, WD AGO Form 40, shows his rank as Private First Class. His WD AGO Form 53-55, item 3 shows his grade as Private First Class, item 31 indicates “not available” for his military qualifications, item 33 lists the Asiatic-Pacific Theater Medal as his only decoration, and item 38 lists his highest grade...
ARMY | BCMR | CY2001 | 2001063754C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : That he was not married at the time he retired and believes this caused the retirement services officer (RSO) to omit eligibility information should he get married in the future. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is...
ARMY | BCMR | CY2001 | 2001063755C070421
The applicant states that, although he was absolved of liability by the survey officer for the subject ROS, his command found him liable for the loss of a Telephone, Digital, Non-Secure, TA-1035 because he did not conduct a sensitive item inventory upon concluding a field training exercise. The survey officer stated that the applicant failed to sub-hand receipt the telephone, but that this was not the proximate cause of the loss; that the ADADO Section was very busy at multiple locations;...
ARMY | BCMR | CY2001 | 2001063759C070421
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...