ARMY | BCMR | CY2001 | 2001064583C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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 request for discharge for the good of the service in lieu of trial by court-martial. His service is appropriately characterized by the offenses that led to the discharge, which...
ARMY | BCMR | CY2001 | 2001064588C070421
The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of Orders Number 347-005, dated 13 December 1995, issued by Headquarters, 96 th Regional Support Command, Salt Lake City, Utah, which authorized the applicant’s promotion from specialist/E-4 (SPC/E-4) to SGT/E-5, effective 1 January 1996. Lacking any evidence of record showing that the applicant was reduced in rank subsequent to his 1996 promotion to SGT/E-5, the Board concludes the rank listed in the applicant’s...
ARMY | BCMR | CY2001 | 2001064593C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant appealed and on 19 February 1998 the U. S. Court of Appeals for the Armed Forces granted his petition for review. The Board notes that the applicant’s request for early retirement had been approved by 9 September 1994.
ARMY | BCMR | CY2001 | 2001064595C070421
The applicant, the widow of the former service member (FSM), requests that her late husband’s records be corrected to show that he was transferred to the Retired Reserve prior to his death on 4 April 1999. It would appear that she wants her late husband’s records corrected to show that he made application for retired pay at age 60, that he elected SBP, and that his application for retired pay and application for SBP were accepted prior to his death. It is evident that the FSM requested...
ARMY | BCMR | CY2001 | 2001064596C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That item 26 (Separation Code) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show Separation Program Designator (SPD) code “LDG” or “JDG” instead of “MDG.” Evidence of record shows the applicant voluntarily requested a hardship discharge under the provisions of Army Regulation 635-200, paragraph 6-3b(1), by...
ARMY | BCMR | CY2001 | 2001064598C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 27 September 1972, the separation authority approved the applicant’s request for discharge and directed that he be furnished an undesirable discharge. The Board also determined that the applicant’s military record which included two nonjudicial punishments, one special court-martial conviction and 245 days lost was not satisfactory.
ARMY | BCMR | CY2001 | 2001064602C070421
He was reduced to the rank of SP4/pay grade E-4, effective 27 December 1971, as the result of a summary court-martial. The Board reviewed the letter of recommendation from the applicant’s commanding officer which stated that the applicant had been promoted to E-6 on or about 17 November 1971. There are no orders in the applicant’s records which show he was awarded the Army Commendation Medal.
ARMY | BCMR | CY2001 | 2001064607C070421
The applicant requests that the Purple Heart, the Army Commendation Medal he received in 1966, and all his U. S. Marine Corps awards and decorations to include the Korean War Service Medal be added to his Report of Transfer or Discharge, DD Form 214, for the period ending 31 May 1966. The applicant states that none of the awards and decorations listed above were recorded on his DD Form 214. Any DD Forms 214 he received from the U. S. Marine Corps are not available in the Army’s records.
ARMY | BCMR | CY2001 | 2001064610C070421
There are no orders in the available records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal. The Board considered the applicant’s letter submitted in support of his application in which he asked if bronze service stars and the Bronze Star Medal are the same. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Army of...
ARMY | BCMR | CY2001 | 2001064615C070421
On 11 June 1999, the MDARNG published Orders 090-110 MD-STRAC-ARP (Corrected Copy) announcing the award of proficiency pay to the applicant effective 21 May 1999. The evidence of record clearly shows the applicant’s entitlement to proficiency pay for the period 21 May through 31 August 1999. That all of the Department of the Army records related to this case be corrected by showing the individual concerned is entitled to AGR-FTM recruiting proficiency pay for the period 21 May through 31...
ARMY | BCMR | CY2001 | 2001064616C070421
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 | 2001064617C070421
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. EVIDENCE OF RECORD : The applicant's military records show: Evidence of record shows that the applicant was properly assigned an RE code of RE-4 based on his reason for discharge (Alcohol Rehabilitation Failure).
ARMY | BCMR | CY2001 | 2001064619C070421
He states that his dates of service on his 1984 DD Form 214 (Certificate of Release or Discharge from Active Duty) are incorrect. The applicant's existing military personnel file, which appears to have been created in 1987 when he returned to active duty for a third time, also contains a DD Form 214 reflecting a period of active duty between 2 June 1977 and 1 September 1984. The evidence suggests the applicant likely was discharged for the purpose of immediate reenlistment on 1 June 1977...
ARMY | BCMR | CY2001 | 2001064620C070421
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. The applicant has not submitted any evidence or argument which would indicate that the finding of the MEB and PEB, that her depression was controlled by medication and in remission, was in error.
ARMY | BCMR | CY2001 | 2001064621C070421
The applicant requests that her husband’s records be corrected to show that his last year of service was qualifying for retired pay. In that memorandum the CG requests a waiver to allow the FSM’s records to be corrected to show that he had 20 qualifying years of service for retired pay purposes. There is no basis in law or regulation to grant the applicant’s request; to show that the year the FSM died was qualifying for retired pay.
ARMY | BCMR | CY2001 | 2001064623C070421
The applicant requests, in effect, that his military records be corrected to show his correct date of birth (DOB) and that he was awarded the Purple Heart (PH). The DD Form 214 issued to and authenticated by the applicant with his signature on the date of his separation, 26 April 1967, contains the entry “28 Jan 52” in item 9 (Date of Birth). Therefore, the Board finds insufficient evidence to support his PH entitlement claim and it is compelled to deny the requested relief.
ARMY | BCMR | CY2001 | 2001064630C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Divorce activity did not result in divorce, they were married at the time of his death, and the death certificate has been corrected. The Board notes that a search of vital records failed to reveal a divorce action between the FSM and the applicant and, based upon that search, the FSM’s death certificate was amended to reflect his marital status as married to the applicant.
ARMY | BCMR | CY2001 | 2001064639C070421
The applicant states that his second award of the ASUA was authorized retroactively after his retirement. The applicant’s retirement DD Form 214 shows one award of the ASUA as an authorized award. Evidence of record shows the applicant was awarded the ASUA on 16 January 2001.
ARMY | BCMR | CY2001 | 2001064650C070421
The applicant requests that his discharge be changed to Retired Reserve and reinstatement of his VSI (Voluntary Separation Incentive) payments. Title 10, USC, section 14513, states that a Reserve officer of the Army, who is in an active status and whose removal from an active status or from a Reserve active-status list is required by section 14506 of this title shall: 1) be transferred to an inactive status if the Secretary concerned determines that the officer has skills which may be...
ARMY | BCMR | CY2001 | 2001064654C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his report of separation (DD Form 214) be corrected to reflect his pay grade as E-6. On 19 August 1991 he was released from active duty (REFRAD) in the pay grade of E-5 and was transferred to the Temporary Disability Retired List (TDRL) in the pay grade of E-6, effective 20 August 1991.
ARMY | BCMR | CY2001 | 2001064659C070421
It also concluded that the applicant had subsequently been awarded the MSM, which included his achievements in Bosnia and that he could not receive an award of the JSCM for the same period. The applicant was recommended for an award and the available evidence shows that the proper authority denied the recommendation. The applicable regulation provides that an individual cannot receive two awards for the same act or period of service.
ARMY | BCMR | CY2001 | 2001064662C070421
The applicant requests that his records be corrected to show he did not enroll in the Survivor Benefit Plan (SBP) and that all premiums deducted from his retired pay be refunded. Public Law 92-425, the SBP, enacted 21 September 1972, provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. It would be equitable to show that the applicant terminated his enrollment in the SBP effective 1 June...
ARMY | BCMR | CY2001 | 2001064668C070421
EVIDENCE OF RECORD : The applicant's military records show: The separation document confirms that the applicant was discharged for the good of the service/in lieu of trial by court-martial. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001064668SUFFIXRECONYYYYMMDDDATE BOARDED2002/02/21TYPE OF DISCHARGE(UOTHC)DATE OF DISCHARGE19820228DISCHARGE AUTHORITYAR635-200 Chapter 10 .
ARMY | BCMR | CY2001 | 2001064669C070421
APPLICANT REQUESTS: Correction of appropriate military records to show a reenlistment (RE) code which would allow reenlistment. 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: In view of the fact that the applicant separated with a locally-imposed bar to reenlistment in effect, the assigned reenlistment code of 3 was and still is appropriate.
ARMY | BCMR | CY2001 | 2001064673C070421
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 | 2001064674C070421
The applicant requests, in effect, reconsideration of his request that his military records to be corrected to show he is entitled to the Mobilization (“M”) Device for his Armed Forces Reserve Medal (AFRM). The applicant states, in effect, that he was mobilized in support of Operation Desert Shield/Storm and is entitled to the “M” Device for his AFRM. The unit mobilization orders provided by the applicant confirm that his unit was mobilized and ordered to active duty on 30 August 1990, in...
ARMY | BCMR | CY2001 | 2001064675C070421
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. Chapter 11 of that regulation provides for the separation of personnel during the initial 180 days of service while still in an entry-level status. The available records show that the applicant was discharged under the provisions of chapter 11, Army Regulation 635-200, due to entry-level performance and conduct.
ARMY | BCMR | CY2001 | 2001064676C070421
APPLICANT STATES : That his medical records clearly show that he contracted Dengue Fever when he was on Saipan but the Army doctor ignored this fact and made an incorrect diagnosis in his case. EVIDENCE OF RECORD : The applicant's military records are not available. The examiner went on to comment that he believed the applicant had a functional headache which was increased by the stress of OCS.
ARMY | BCMR | CY2001 | 2001064677C070421
The applicant states, in effect, that because of her SMP status, beginning in 1998, her pay was erroneously garnished and she was unable to resolve this matter while still serving in a Troop Program Unit (TPU) of the United States Army Reserve (USAR). In addition, Army regulations mandate that SMP cadets receive longevity service credit for periods of satisfactory participation in the SMP and that they receive time in service credit for base pay calculations for time served as an SMP...
ARMY | BCMR | CY2001 | 2001064681C070421
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 Combat Action Ribbon and the Army Commendation Medal for valor (correctly known as the Army Commendation Medal with “V” Device). There are no orders in the applicant’s service personnel records which show he was awarded the Combat Action Ribbon. However, evidence of record shows the applicant participated in four campaigns during his assignment in...
ARMY | BCMR | CY2001 | 2001064682C070421
applicant submitted a complaint to the DoDIG contending that he had suffered reprisal and punitive action by the SR while assigned to the NGB by removing the applicant from his IR job and the active duty payroll, stripping him of his promotion to LTC by marking "do not promote" on his OER, stripping him of an active duty pension to which he would otherwise be entitled (he stated that as of 30 September 1999, he had 14 years and 11 months active duty), and blacklisting him from any other...
ARMY | BCMR | CY2001 | 2001064686C070421
With the loss of his eye, he was referred to a Medical Evaluation Board and subsequently to a Physical Evaluation Board (PEB). The applicant’s DA Form 20 (Enlisted Qualification Record) correctly shows that he participated in five campaign periods during his service in Vietnam. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is awarded the Purple Heart, the Vietnam Service Medal with a silver service star, Republic...
ARMY | BCMR | CY2001 | 2001064687C070421
APPLICANT REQUESTS: In effect, the applicant requests that he be retained in an active Reserve status and promoted to Chief Warrant Officer Four (CW4); or that he be allowed to attend phase II of the food service technician (MOS 922A0) warrant officer advanced course (WOAC) or a comparable course in order to be eligible for promotion to CW4. On 17 December 1998 the Warrant Officer Career Center (WOCC) at Fort Rucker informed the applicant that he had the option of completing the nonresident...
ARMY | BCMR | CY2001 | 2001064689C070421
The applicant requests, in effect, that her discharge from the United States Army Reserve (USAR) be voided, that she be transferred to the Retired Reserve and that her entitlement to Voluntary Separation Incentive (VSI) payments be reinstated. The applicant’s discharge from the USAR on 21 May 1999 was accomplished in accordance with the applicable regulations, when her option election form was returned as undeliverable. RECOMMENDATION : That all of the Department of the Army records...
ARMY | BCMR | CY2001 | 2001064691C070421
The applicant requests, in effect, that the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage. The applicant states, through counsel, that the FSM and the applicant were granted a divorce on 16 November 1995. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the retiree had...
ARMY | BCMR | CY2001 | 2001064692C070421
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 records of her deceased spouse, a former service member (FSM), be corrected to show he designated her as his beneficiary for unpaid retired pay. The FSM’s spouse died on 12 September 1999 and his SBP coverage was apparently suspended at that time.
ARMY | BCMR | CY2001 | 2001064693C070421
She also indicates that the SR on the applicant’s NCOER was not assigned to the unit while she was there and was never in the applicant’s rating chain. The Board notes the applicant’s contentions that the rated months entry in the NCOER in question is in error, the PSC initials are incorrect, and that the SR was an improper rating official and it finds partial merit in these claims. Notwithstanding the applicant’s and the third party statements provided that indicate the SR in the...
ARMY | BCMR | CY2001 | 2001064694C070421
The Board considered the following evidence: She stated that she could not run now or be as active as she was before entering the Army. The evidence of record shows she was separated because she could not adjust to the military, a determination with which she concurred at the time.
ARMY | BCMR | CY2001 | 2001064698C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 25 November 1987, the Army Discharge Review Board denied his request for upgrade of his discharge. The applicant’s contention that his command violated his medical profile and denied his request to change his MOS is not supported by the available evidence of record.
ARMY | BCMR | CY2001 | 2001064707C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant was discharged on 30 July 1993. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
ARMY | BCMR | CY2001 | 2001064708C070421
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 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...
ARMY | BCMR | CY2001 | 2001064713C070421
On 3 May 1963, the applicant submitted an application for voluntary retirement (DA Form 2339) requesting to be retired, in the rank and pay grade of SFC/E-6. However, this appointment order does not contain an authorization to promote the applicant to a pay grade above E-6. By law and regulation, enlisted soldiers are retired in the rank they hold on the date of their REFRAD and retired soldiers are entitled to be advanced on the Retired List to the highest grade in which they...
ARMY | BCMR | CY2001 | 2001064715C070421
Title 10, United States Code, section 14308(c)(2) states that “Except as specifically authorized by law, a reserve officer is not entitled to additional pay or allowances if the effective date of the officer’s promotion is adjusted to reflect a date earlier than the actual date of the officer’s promotion.” The 1997 board was approved on 27 August 1997. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to major...
ARMY | BCMR | CY2001 | 2001064716C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: The discharge authority approved the recommendation and the applicant was released from active duty on 12 January 1981 with a reason for separation of completion of required service, a characterization of service of under honorable conditions, and a separation code of LBK (completion of required service with reenlistment...
ARMY | BCMR | CY2001 | 2001064717C070421
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. He states that his report of medical examination dated 19 July 1954, five months prior to his induction, showed that his only prior existing medical conditions...
ARMY | BCMR | CY2001 | 2001064723C070421
In support of his application, he submits a copy of an Army Discharge Review Board (ADRB) case summary (OSA Form 172) and his separation document (DD Form 214). EVIDENCE OF RECORD : The applicant's military records show: Therefore, lacking independent evidence to the contrary, the Board concludes that the applicant ‘s request to have his rank restored to SGT/E-5 is not warranted in this case.
ARMY | BCMR | CY2001 | 2001064724C070421
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 evidence of record clearly shows that the applicant was wounded in Korea on 16 September 1951. RECOMMENDATION : 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 fragmentation wounds he received on 16...
ARMY | BCMR | CY2001 | 2001064725C070421
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 that he was awarded a Purple Heart (PH) and a Combat Action Ribbon (CAR). Disability ratings awarded by the VA are not sufficient to establish entitlement to the PH.
ARMY | BCMR | CY2001 | 2001064727C070421
There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Based on the applicant’s service in Vietnam and the fact he was evacuated for wounds sustained as a result of hostile action, he is entitled to award of the Vietnam Campaign Medal and correction of his records to...
ARMY | BCMR | CY2001 | 2001064731C070421
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...