ARMY | BCMR | CY2001 | 2001053605C070420
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 on 8 June 1971. Therefore, the Board is of the opinion that the applicant is entitled to award of the CIB.
ARMY | BCMR | CY2001 | 2001053618C070420
There are no orders in the applicant’s service record which shows that he was awarded the PH. Nor is there any evidence of record which shows he was recommended for the award. The evidence of record shows that the applicant met the criteria for award of the Army Good Conduct Medal for the period of 10 January 1967 to 29 November 1968.
ARMY | BCMR | CY2001 | 2001053620C070420
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. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor. The...
ARMY | BCMR | CY2001 | 2001053632C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Accordingly, on 15 May 1980, the applicant was discharged from the Army after completing 3 years, 5 months, and 13 days of creditable military service and accruing 4 days of lost time due to AWOL. The Board carefully reviewed the applicant’s record of service and concluded that his discharge was appropriate because the quality of his service was not consistent with the...
ARMY | BCMR | CY2001 | 2001053635C070420
He further contended that the 1995 non-selection should not be considered a passover because Paragraph 2-4d of Army Regulation 135-155 provides that, ”Nonselection for promotion under this paragraph does not constitute a passover.” It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or...
ARMY | BCMR | CY2001 | 2001053638C070420
EVIDENCE OF RECORD : The applicant's military records show: He did not submit a statement.On an unknown date, the applicant was notified that a board of officers would convene on 10 September 1973 to determine whether he should be discharged due to fraudulent entry under the provisions of chapter 14, Army Regulation 635-200. At the time of his enlistment, the applicant knowingly concealed a prior service record and a criminal (felony) conviction, both of which were disqualifying factors.
ARMY | BCMR | CY2001 | 2001053664C070420
Therefore, since the contested OER was properly filed at the time, there was no error in his record when reviewed for promotion to major by the fiscal year FY99 selection board. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below, to show there is no longer a basis for the granting of his request. That all of the Department of the Army records related to this case be corrected by rescinding the Board’s...
ARMY | BCMR | CY2001 | 2001053679C070420
APPLICANT REQUESTS: That the paperwork regarding his Officer Evaluation Report (OER) referral and appeal be transferred from the performance fiche to the restricted fiche of his Official Military Personnel File (OMPF). In pertinent part, it states that OERs will be filed on the officer’s performance fiche with any authorized enclosures. The referral memorandum dated 26 May 1995 and the applicant’s response dated 13 June 1995 are properly filed with his OER for the period ending 26 April 1995.
ARMY | BCMR | CY2001 | 2001053691C070420
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. Since the Correction Board was established on 2 January 1947, the time for the applicant to file a request for correction of any error or injustice expired on...
ARMY | BCMR | CY2001 | 2001053692C070420
The Board carefully reviewed the applicant’s record of service; however, there is no evidence of record to confirm that the applicant had a 6-week TDY assignment in the RVN. Therefore, his DD Form 214 correctly reflects no service in the RVN. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001053692SUFFIXRECONDATE BOARDED20010913TYPE OF DISCHARGEHDDATE OF DISCHARGE19700927DISCHARGE AUTHORITYAR 635-100, c3DISCHARGE REASONExpiration of active duty...
ARMY | BCMR | CY2001 | 2001053696C070420
Also on file is the endorsement of the separation authority, dated 8 November 1976, which approved the applicant’s separation, under the provisions of paragraph 13-5a (1), Army Regulation 635-200, by reason of misconduct and directs that he receive an undesirable discharge. There is no evidence of record to show the applicant applied to the Army Discharge Review Board for an upgrade to his discharge within their 15 year statute of limitations. Lacking evidence to the contrary, the Board is...
ARMY | BCMR | CY2001 | 2001053701C070420
The applicant states, in effect, that in accordance with Department of Defense Instruction (DODI) 6000.13, that she should have been granted two years CSC credit for her MPH in Epidemiology as an adjunctive skill to her primary degree and specialty as a Medical Doctor (MD). The Director of Medical Education, Office of the Surgeon General of the Army, has provided an opinion by memorandum dated 24 October 2000 to the effect that the applicant’s MPH warranted the award of an additional year...
ARMY | BCMR | CY2001 | 2001053703C070420
He attended his first drill with a new unit on 8 – 9 April 2000. The applicant’s military records show that he enlisted into the US Army Reserve (USAR) on 15 May 1988, for a period of six years, establishing an ETS of 14 May 1994; while in Puerto Rico, he reenlisted on 10 April 1994 for a period of six years, establishing an ETS of 9 April 2000. AR 135-178 provides, in pertinent part, that a soldier is entitled to be discharged on the expiration of his or her service obligation, and...
ARMY | BCMR | CY2001 | 2001053717C070420
the effective dates granted to those earlier cases. 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: Approval of the applicant’s request for an adjustment of his effective date of promotion, and back pay based on actions taken in other similar cases, is not appropriate.
ARMY | BCMR | CY2001 | 2001053722C070420
The applicant requests on behalf of her mother, in effect, that the records of her deceased father, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage. On 23 September 1988, the FSM and the applicant’s mother divorced. It appears that the FSM may have failed to request, in writing as required by law, a change to his SBP coverage to former spouse coverage due to the strict wording of the court decree, i. e., that...
ARMY | BCMR | CY2001 | 2001053748C070420
There is no evidence in the applicant’s personnel records which shows he was awarded the CMB. Evidence of record shows that the applicant served in SWA and was assigned as a medical specialist to a combat unit. The governing regulation for the AFEM does not show that it was awarded for the period the applicant served in SWA (December 1990 to April 1991).
ARMY | BCMR | CY2001 | 2001053787C070420
In support of his application, the applicant submitted: a copy of his DD Form 214; Active Duty Orders; DA Form 1506, Statement of Service; DA Form 2-1, Personnel Qualification Record; and The Army Reserve Personnel Command (ARPC) Chronological Statement of Retirement Points, ARPC Form 249-2-E. The applicant’s military records show that he was ordered to active duty on 15 November 1977 for a period of 730 days. That all of the Department of the Army records related to this case be corrected...
ARMY | BCMR | CY2001 | 2001053793C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That her deceased husband, a former service member (FSM), be awarded the National Defense Service Medal (NDSM) and any other awards and decorations he may have earned. Army Regulation 635-5 states that a DD Form 214 will be prepared for soldiers who have their enlistment voided due to fraudulent entry.
ARMY | BCMR | CY2001 | 2001053812C070420
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. Under this proclamation, eligible deserters were given the opportunity to request discharge, for the good of the service, with the understanding that they...
ARMY | BCMR | CY2001 | 2001053822C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: Through counsel, that her name be removed from the subject block of Criminal Investigation Division (CID) Report of Investigation (ROI) #0012-00-CID-142-50897-5L2, dated 29 February 2000. The CID titled the applicant based solely upon her testing positive for marijuana use during a random drug test; however, the legal standard under Article 112a,...
ARMY | BCMR | CY2001 | 2001053824C070420
The evidence of record confirms that the applicant had 2 years, 4 months, and 19 days of prior extended active duty commissioned officer service at the time she was appointed in the AMSC but only received ¼ credit of 7 months and 5 days at that time. In the opinion of the Board, it is clear the applicant should have received ½ credit for her prior active duty commissioned service. The Board concurs with the findings and recommendations provided in the PERSCOM advisory opinion and it...
ARMY | BCMR | CY2001 | 2001053831C070420
The Board considered the following evidence: The applicant requests, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period of service 18 October 1948 through 17 October 1951 show that he was awarded the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, and the United Nations Service Medal. That all of the Department of the Army records related to this case be corrected for the individual concerned by issuing...
ARMY | BCMR | CY2001 | 2001053842C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant submits an article about a Marine who smuggled an alien into the United States and when caught was granted an early discharge. The articles submitted by the applicant as a comparison of inequity in the character of discharge she received and unlike the Marine in the article she was not afforded legal counsel are deemed by the Board as not relevant.
ARMY | BCMR | CY2001 | 2001053843C070420
There are no orders in the applicant’s service personnel record which show that he was awarded the CIB, the ARCOM, the SM or the PH. There also is no evidence in his service record that shows he was recommended for award of the CIB, the ARCOM, the SM or the PH. The evidence also shows that the applicant was assigned to a unit at the time the unit was awarded the RVN Gallantry Cross with Palm and he served in the RVN during 4 campaigns, entitling him to wear four bronze service stars on the...
ARMY | BCMR | CY2001 | 2001053849C070420
The applicant requests, in effect, that a 1986 record of nonjudicial punishment (NJP) be expunged from his Official Military Personnel File (OMPF) However, Army Regulation 600-8-104, currently in effect, and which replaced Army Regulation 640-10, states that disciplinary information filed on the restricted fiche will be provided to Command Sergeant Major/sergeant major (CSM/SGM) and SGM academy selection boards. As such the Board concludes that the 1986 record of NJP has served its purpose...
ARMY | BCMR | CY2001 | 2001053851C070420
On 27 October 1999, this Board published a decisional document which directed a change to the applicant’s appointment grade and his promotion eligibility date to the next higher grade based on constructive credit of 5 years and 2 days documented in his original United States Army Reserve (USAR) appointment letter, dated 24 October 1995. On 23 January 2001, a memorandum from the Chief, Office of Promotions, Reserve Components (RC), PERSCOM, St Louis, invited this Board’s attention to Exhibit...
ARMY | BCMR | CY2001 | 2001053852C070420
The USAPDA stated that there was insufficient evidence to support a finding of unfit, and that the applicant had experienced back pain and sufficiently performed duties since 1996 with no significant worsening of his pain. It stated that his medical condition had been present since 1996, that his condition had been considered mild with little change, and that he had continued to perform his duties. He stated that his condition was not mild, and that his physical activities have been...
ARMY | BCMR | CY2001 | 2001053855C070420
The evidence of record shows he enlisted on 23 January 2001 for 3 years and 00 weeks, not 4 years and 00 weeks. In view of the foregoing, the applicant’s records should be corrected as recommended below. That the applicant’s DD Form 4/1 dated 23 January 2001, item 8 be corrected to show he enlisted for 3 years and 00 weeks.
ARMY | BCMR | CY2001 | 2001053864C070420
U. S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. The Board further concludes that the applicant’s accrual of 470 combat flight hours entitles him to 18 awards of the Air Medal, correctly known as the Air Medal with Numeral “18”. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2001 | 2001053868C070420
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 | 2001053869C070420
In October 2000 the Retired Reserve Center responded to the Board and recommended the Board order two additional corrections to make the applicant’s records administratively correct. There is no evidence to explain the Board’s previous decision to place the applicant on the Reserve retired list 26 December 1993 and then direct pay and entitlements to start on 25 August 1999 the date of his application to the Board. That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY2001 | 2001053874C070420
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. He further states that Army...
ARMY | BCMR | CY2001 | 2001053875C070420
The applicant requests reconsideration of her deceased father’s, the former service member (FSM), previous application to correct his military records by awarding him the Purple Heart. The applicant’s submission is new evidence that requires Board consideration. The physician conducting the FSM’s separation physical examination, who must have access to his service medical records, apparently did not question that the applicant had been rendered unconscious by a shell blast.
ARMY | BCMR | CY2001 | 2001053917C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. It was a year before he found out the whereabouts of his daughter and she continues to be abused and molested. Although the applicant has submitted no evidence to substantiate his contention that he had a daughter and that his daughter’s safety and well being were the reasons for his alleged misconduct, the Board finds that the misconduct for which the applicant was...
ARMY | BCMR | CY2001 | 2001053926C070420
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. On 12 January 2000, a PEB...
ARMY | BCMR | CY2001 | 2001053934C070420
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: The evidence of record does not show and the applicant has not provided any evidence to show that he was wounded in action and is entitled to the Purple Heart.
ARMY | BCMR | CY2001 | 2001053949C070420
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 time for the applicant to file a request for correction of any error or injustice expired on 31 January 1991. The applicant has not presented and the...
ARMY | BCMR | CY2001 | 2001053950C070420
The applicant requests that his medical records be corrected to show he had cancer prior to his retirement and that his retirement for length of service be changed to a medical retirement. He had the cancer prior to his retirement but it was misdiagnosed as hemorrhoids. OTSG opined that the applicant’s rectal carcinoma was most probably present at the time of his retirement physical examination in January 1998.
ARMY | BCMR | CY2001 | 2001053951C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He was separated with an honorable discharge on 1 May 1992 under the provisions of Army Regulation (AR) 635-200, chapter 13, Unsatisfactory Performance, with a Separation Program Designator of JHJ and an RE-3 code. On the date he entered active duty he was 19 and she was 14 years of age.
ARMY | BCMR | CY2001 | 2001053956C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 17 April 1978 the applicant requested discharge in lieu of trial by court-martial for the good of the service. The Army would only have been required to provide the applicant a defense counsel if his request for discharge had been rejected and he was referred to trial by court-martial.
ARMY | BCMR | CY2001 | 2001053970C070420
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: The available record does not contain any evidence that indicates the applicant requested a waiver to reenlist due to having a NJP in his record and that he was denied.
ARMY | BCMR | CY2001 | 2001053972C070420
On 2 December 1998 a PEB considered the applicant’s condition as indicated by the TDRL examination and determined that she was physically unfit, recommended a 10 percent disability rating and that she be separated with severance pay. Her renal disease was in remission, however, she had received inadequate therapy due to the continued low white blood cell count which was probably secondary to some systemic activity of lupus. She stated the VA has evaluated her condition as 100 percent disabling.
ARMY | BCMR | CY2001 | 2001053983C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his date of entry be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 September 1982. The applicant’s military records also show that he was issued a DD Form 214 at the time of his release from active duty on 22 September 1982.
ARMY | BCMR | CY2001 | 2001053998C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. (On 24 August 2001, the Army Discharge Review Board (ADRB) recommended that the Army National Guard (ARNG) change his Report of Separation and Record of Service, NGB Form 22, to show he received a fully honorable discharge.) The ADRB, however, could not find sufficient evidence to support the applicant’s contention that he notified his command of his desire to be...
ARMY | BCMR | CY2001 | 2001054005C070420
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 16 April 1997, she enlisted in the Regular Army for 4 years, in pay grade E-2, for specific military occupational training (MOS) training and a $3,000 enlistment bonus. The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper.
ARMY | BCMR | CY2001 | 2001054008C070420
APPLICANT STATES : On 20 January 2001, he received a “full and unconditional pardon” from the President of the United States in the matter for which the Army dropped him from the rolls and removed him from the Colonel’s promotion list. In general, a pardon is granted on the basis of a petitioner’s demonstrated good conduct for a substantial period of time after conviction and service of sentence. DISCUSSION : Considering all the evidence, allegations, and information presented by the...
ARMY | BCMR | CY2001 | 2001054011C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : That upon enlisting in the Army in 1995, she enrolled in the MGIB. However, her records indicate that prior to her entry on active duty she acknowledged on the appropriate enlistment document that she was not eligible for the MGIB.
ARMY | BCMR | CY2001 | 2001054040C070420
The applicant requests reconsideration of his earlier appeal to correct his military records by voiding his separation from the Army National Guard (ANG) due to weight control failure, restoring him to an active Army Reserve (USAR) status, and crediting him with pay and points until the date of the Board’s action on his case. Counsel contends, in effect, that the applicant is entitled to the relief sought because he was denied due process in that he was entitled to a board of officers. The...
ARMY | BCMR | CY2001 | 2001054056C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that the reason and authority for his discharge be corrected to something more favorable. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the...
ARMY | BCMR | CY2001 | 2001054092C070420
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, and advisory opinion, it is concluded: The evidence of record shows that the applicant was discharged from the Merchant Marines on 30 May 1946 after 2 years and 11 months and 16 days of service.