ARMY | BCMR | CY2001 | 2001064738C070421
The applicant requests that he be placed in the Retired Reserve. The effective date for his voluntary transfer to the Retired Reserve should be 17 December 1995, the day after his RYE date of 16 December, so that he will get credit for a full retirement year. b. showing that he was voluntarily transferred to the Retired Reserve, effective 17 December 1995.
ARMY | BCMR | CY2001 | 2001064740C070421
In connection with the processing of this case, the Defense Finance and Accounting Service (DFAS) retired pay section was contacted, in order to determine the retired pay grade on which the applicant’s retired pay was based. The evidence of record confirms that the applicant completed a total of 4 years and 21 days of prior active duty enlisted service, 3 years and 9 months in the USMC and 111 days (3 months and 21 days) in the ARNG, which satisfies the 4 years and 1 day of prior active...
ARMY | BCMR | CY2001 | 2001064741C070421
Counsel also noted that the DVA rating decision granted service connection for shrapnel wounds to his shoulder and that the wounds are consistent with his history of being wounded in Vietnam. The rating decision states that the applicant’s service medical records were reviewed when his claim was considered and denied in 1989. The Board noted that the applicant’s DD Form 214 does not show award of the Good Conduct Medal or any unit awards.
ARMY | BCMR | CY2001 | 2001064742C070421
APPLICANT REQUESTS: That item 16 on 1982 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that he is a high school graduate or equivalent. There is no evidence, and the applicant has not provided any, which confirms that he completed requirements for a high school diploma while on active duty and as such there is no basis to correct the information contained in item 16 of his 1982 DD Form 214. The applicant has not presented and the records do not...
ARMY | BCMR | CY2001 | 2001064743C070421
The applicant’s military records show that the applicant was inducted on 23 May 1968 and completed training as an infantryman. Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for wounds sustained on 16 March 1969 and by showing that he was awarded the Republic of Vietnam...
ARMY | BCMR | CY2001 | 2001064753C070421
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. His chain of command reviewed the evidence and recommended that he be separated from active duty for fraudulent entry and that he receive an entry-level...
ARMY | BCMR | CY2001 | 2001064754C070421
While the Board has no reason to doubt the applicant’s statement that he was injured while engaged in combat and is entitled to the Purple Heart, documentary evidence is required to correct a military record. Evidence of record shows that the applicant served in four campaigns during the Vietnam War. Therefore, he is entitled to wear four bronze service stars affixed to his Vietnam Service Medal and is entitled to correction of his records to shows these service stars.
ARMY | BCMR | CY2001 | 2001064757C070421
In the absence of military records which show the applicant was wounded as a result of hostile action and in view of the altered document and conflicting statements presented by the applicant, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case. That all of the Department of the Army records related to this case be corrected by showing the individual concerned is entitled to award of the Combat Infantryman Badge, the Bronze Star...
ARMY | BCMR | CY2001 | 2001064759C070421
The applicant requests, in effect, that item 12c (Net Active Service This Period) of her separation document (DD Form 214) be corrected. The evidence of record confirms the applicant served on active duty from 6 March 1987 to 3 December 1987, a period of 8 months and 28 days. Thus, the Board concludes it would be appropriate to correct her record to show she completed a total of 8 months and 28 days of active military service for this period of active duty.
ARMY | BCMR | CY2001 | 2001064760C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor. The evidence of record indicates that the applicant was properly discharged and he was medically and physically fit for retention at the time of his separation.
ARMY | BCMR | CY2001 | 2001064762C070421
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 | 2001064764C070421
The applicant states, in effect, that his DD Form 214 does not correctly reflect his record of service, his home of record (HOR), his place of entry on active duty, his unit of assignment, or his two awards of the Meritorious Service Medal (MSM). He goes on to state that he entered active duty on 26 April 1985, and remained on continuous active duty as an Active Guard/Reserve (AGR) Recruiter until he was honorably released from active duty on 31 December 1999, and was transferred to the...
ARMY | BCMR | CY2001 | 2001064767C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: The statement submitted in support of the applicant's request was rendered more than 20 years after the fact, and the author's statement that he was assigned with the applicant in Company...
ARMY | BCMR | CY2001 | 2001064768C070421
The opinion stated that the under the Reserve Officer Personnel Management Act, (ROPMA), unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the approval date of the board or the date of Senate confirmation (if required), provided they are assigned to a position in the next higher grade. The evidence of record shows that she was promoted to CPT on 1 November 1996, with an eligibility date of 22 May 1996. However, based on the original...
ARMY | BCMR | CY2001 | 2001064769C070421
The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Combat Infantryman Badge, the Bronze Star Medal or the Air Medal as authorized awards. There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge. There also is no evidence in his records that he was recommended for award of the Bronze Star Medal.
ARMY | BCMR | CY2001 | 2001064770C070421
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: That...
ARMY | BCMR | CY2001 | 2001064771C070421
APPLICANT STATES : In effect, that he is a Judge Advocate General (JAG) officer who has served 44 of his 52 months of commissioned service on active duty and has not been promoted to the rank of captain, due to misinformation by the Army Reserve Personnel Command (ARPERSCOM) and various systematic failures by the Total Army Personnel Command (PERSCOM). The three supporting statements from his chain of command all attempt to explain that the applicant was assured, to his detriment, that he...
ARMY | BCMR | CY2001 | 2001064774C070421
He disputes the $6902 the Army paid in 1998 for this additional year which was required because the Army placed him on Leave of Absence when he had no physical capabilities of performing his duties. EVIDENCE OF RECORD : The applicant’s ROTC contract is not available. 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 | 2001064776C070421
The applicant states that he was injured on active duty when his shoulder was dislocated while engaged with the enemy snipers in Vietnam. The evidence of record fails to clearly show that the applicant was wounded/injured as a result of enemy action, in fact, the evidence shows that he initially injured himself during his infantry training and that his surgery was the result of recurring dislocations. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2001 | 2001064777C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 21 April 1972, the applicant was transferred to the Drug Abuser Holding Center. The evidence of record shows the applicant neither held, nor served in, an infantry MOS (i.e., 11B, 11C, 11F, 11G, or 11H).
ARMY | BCMR | CY2001 | 2001064778C070421
APPLICANT REQUESTS: In effect, that he be awarded constructive credit. As noted in the USAREC advisory opinion, the applicable regulation does not authorize constructive credit to members being appointed in an entry level specialty. The evidence of record confirms that the applicant was appointed in the MSC of the USAR in an entry level specialty and that he was informed at the time of appointment that no constructive credit was being awarded.
ARMY | BCMR | CY2001 | 2001064781C070421
APPLICANT REQUESTS: In effect, adjustment to his date of rank for major from 2 February 2001 to 19 July 2000. The applicant received a select letter dated 16 August 2002, reflecting an A date of 29 March 2001 (date of board), a B date of 2000 (criteria year) and a C date of 19 July 2000 (date indicating his promotion eligibility date). He was not in a major position on that date and was promoted on 2 February 2001, the earliest date he could be promoted, based on his transfer to the IRR.
ARMY | BCMR | CY2001 | 2001064782C070421
The applicant’s military records show that he entered active duty on 27 June 1969. The applicant’s DD Form 214 lists his awards and decorations as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the ARCOM with one oak leaf cluster, the Second Class Gunner Qualification Badge - 81 mm, and the Marksman Qualification Badge with Rifle Bar (M-14). That all of the Department of the Army records related to this case be corrected to show the...
ARMY | BCMR | CY2001 | 2001064784C070421
He also requests correction of his DD Form 214, with a separation date of 26 May 1999, to show the correct prior active service in item 12d (Total Prior Active Service); correction of item 28 (Narrative Reason for Separation) to show "entry level status" or "uncharacterized"; and correction of item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show all the awards to which he is entitled. The applicant's DD Form 214, with a...
ARMY | BCMR | CY2001 | 2001064786C070421
Because of his conviction, the applicant could not reenlist without a waiver approved by PERSCOM. Pertinent Army regulations state that the authority to grant a waiver of a court-martial conviction disqualification for enlistment rests with PERSCOM. The evidence shows that he was sufficiently informed to know that he required a waiver to reenlist, and that he had the option of requesting relief from his conviction under Article 69(b), UCMJ.
ARMY | BCMR | CY2001 | 2001064788C070421
Item 29 of that DD Form 214, wounds received as a result of action with enemy forces, has “Flesh, left lower leg. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The applicant should provided a copy of his DD Form 214 (and DD Form 215, if appropriate) together with a request that he be issued the award to the US Air Force...
ARMY | BCMR | CY2001 | 2001064789C070421
The applicant’s military records show that he was awarded a 3-year ROTC scholarship and enrolled in the ROTC program on 1 September 1991. If the applicant fails to complete four years of service in the USAR either voluntarily or because of misconduct, his ROTC debt will be recouped on a pro-rated basis. a. amending the applicant’s ROTC scholarship contract to show that he would satisfy the service obligation under the original terms of the ROTC contract as a commissioned officer in the USAR;
ARMY | BCMR | CY2001 | 2001064790C070421
EVIDENCE OF RECORD : The applicant's military records show: Army Regulation 635-200 serves as the authority for enlisted separation. When a commander determines that a soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the soldier for a medical examination and/or mental status evaluation in accordance with Army Regulation 40-501.
ARMY | BCMR | CY2001 | 2001064791C070421
An Open Season from 1 October 1978 – 31 March 1980 was declared for those who qualified for retired pay prior to 30 September 1978. There is no spousal “entitlement” to the SBP until a member enrolls in the SBP. When the applicant married in June 1983, he had one year from the date of marriage to make a written request to enroll in the SBP.
ARMY | BCMR | CY2001 | 2001064793C070421
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code, which would allow reenlistment. 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. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001064793SUFFIXRECONDATE BOARDED20020326TYPE OF DISCHARGEHDDATE OF...
ARMY | BCMR | CY2001 | 2001064798C070421
The applicant’s military records show that he was inducted into the Army on 11 December 1963. At the time of the applicant’s separation, it required entering a soldier’s SSN in item 32 of the DD Form 214. That the applicant’s DD Form 214:
ARMY | BCMR | CY2001 | 2001064801C070421
Army Regulation 600-8-19 states, in pertinent part, that an individual's records may be referred to a Standby Advisory Board for promotion consideration "upon determining that a material error existed" in a soldier's OMPF when the file was reviewed by a promotion board. Notwithstanding the applicant's 9802-9810 amended performance evaluation report, at the time of his promotion consideration in May 2000, by the CY2000 Sergeant First Class Promotion Board, the applicant's records contained...
ARMY | BCMR | CY2001 | 2001064804C070421
The Chief of the Promotions Branch at PERSCOM notified the applicant by memorandum, dated 9 January 2001, that the Secretary of the Army, acting on behalf of the President of the United States, had removed his name from the FY 1999 Captain Promotion List and that, as a result, he would not be promoted. “Second, my promotion was delayed because, ‘[the applicant’s rank and name omitted] was in a non-promotable status on 1 February 2000 because he was flagged by this [18th Aviation Brigade]...
ARMY | BCMR | CY2001 | 2001064806C070421
The separation authority was Army Regulation 635-200, paragraph 16-5, the separation code (SPD) was KGF (voluntary discharge due to Department of the Army- or locally-imposed bar to reenlistment), the narrative reason for separation was locally imposed bar to reenlistment, and the reenlistment (RE) code was RE 4. On 15 October 1993, the Army Discharge Review Board (ADRB) denied the applicant’s request for a change in the narrative reason for separation. The applicant’s request for...
ARMY | BCMR | CY2001 | 2001064807C070421
The Board considered the following evidence: Army Regulation 37-104-4 (Military Pay and Allowances Policy and Procedures-Active Component) provides Department of the Army (DA) policies for entitlements and collections of pay and allowances for active duty soldiers. Paragraph 32-3 contains time limitations for requesting waivers and it states, in pertinent part, that a claim of the United States against a soldier or former soldier, arising out of an erroneous payment of pay and allowances...
ARMY | BCMR | CY2001 | 2001064809C070421
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 are not available. There is no authority that would allow him to change his home of record without a break in service of at least 24 hours.
ARMY | BCMR | CY2001 | 2001064810C070421
The opinion points out that the applicant was selected for promotion by the CY2000 MSG Selection Board and was promoted to MSG with an effective date and DOR of 22 August 2001, the date his secret clearance was granted. 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(s), it is concluded: Records show the applicant’s security clearance was completed...
ARMY | BCMR | CY2001 | 2001064814C070421
APPLICANT REQUESTS: That his Officer Evaluation Report (OER) for the period 4 July 1985 through 3 July 1986 be moved to the restricted portion of his Official Military Personnel File. The regulation also states requests for reconsideration will be forwarded to the Commander of the Total Army Personnel Command (PERSCOM) and reconsideration will normally not be granted when the error is minor or when the officer, by exercising reasonable care, could have detected and corrected the error. ...
ARMY | BCMR | CY2001 | 2001064815C070421
In the processing of this case, an advisory opinion was obtained from the Office of The Assistant Chief of Staff, G4, Headquarters, Eighth US Army which states that the applicant was negligent in her duties as a company commander; that she did not follow prescribed policy in AR 735-5 for property accountability; that the applicant was, in fact, notified of the results of the two ROS, but that proper notification procedures were not followed; and that the applicant was improperly charged more...
ARMY | BCMR | CY2001 | 2001064816C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. There is no evidence in the...
ARMY | BCMR | CY2001 | 2001064824C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That he be reconsidered for promotion to Colonel, Medical Corps (MC) by a Special Selection Board (SSB) and, if selected, that he be given an effective date of rank of 23 June 2000. APPLICANT STATES : That he was passed over for promotion to Colonel, MC by boards that convened in 1998 (FY98) and in 1999 (FY99).
ARMY | BCMR | CY2001 | 2001064825C070421
On 11 July 1979, an informal PEB found the applicant to be unfit by reason of organic brain syndrome, traumatic, incurred not in the line of duty due to own misconduct. However, it found that his injuries were the result of his willful misconduct. Since the Board agrees with the finding that his injury was the result of his own misconduct, his separation without severance pay was appropriate.
ARMY | BCMR | CY2001 | 2001064826C070421
During his initial APFT on 8 November 2000, he failed the 2-mile run event. On 1 February 2001, the applicant's conditional promotion to SFC was revoked and he reverted to the rank of SSG. It states, in pertinent part, that students who fail the APFT will be eliminated from training.
ARMY | BCMR | CY2001 | 2001064831C070421
He states that although her supervisor referred to symptoms associated with the applicant’s lupus, the applicant also suffered from interstitial cystitis, but her medical record was devoid of clinical information regarding that disorder. In an 8 February 2001 memorandum to the VA in support of the applicant’s medical compensation claim, the applicant’s former supervisor stated that the applicant’s duty hours and ability to function as a physician were significantly more limited [than 50...
ARMY | BCMR | CY2001 | 2001064834C070421
The applicant’s military records show that he was commissioned from the Reserve Officer Training Corps as a second lieutenant in the USAR on 8 June 1962, and then in the Regular Army on 17 July 1962. The Transition and Separation Branch, U. S. Army Reserve Personnel Command, responded with a letter dated 26 October 1999, informing the applicant that he did not qualify for retired pay since his last 8 qualifying years were not in a Reserve Component as required by law. In view of his long,...
ARMY | BCMR | CY2001 | 2001064836C070421
The applicant requests that his Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to show his state of birth (at item 11) as Louisiana not Georgia and that the date of his first wound (at item 34) be shown as 11 June 1944 not 2 May 1944. While the specific date of the applicant’s first wound is not of record, the record does show that he was wounded in June of 1944. a. that, in addition to those awards and decorations currently shown on the WD AGO Form 53-55, the...
ARMY | BCMR | CY2001 | 2001064838C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He recommended the applicant receive a general discharge. 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 | 2001064847C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence available to the Board that shows the FSM was awarded the Purple Heart. 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 | 2001064848C070421
The applicant’s military records were not available to the Board for review. Paragraph 5-11 contains guidance on awarding the World War II Victory Medal and it states, in pertinent part, that this award is authorized to members who served on active duty between 7 December 1941 and 31 December 1946. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the PH for wounds he received in action on 16 November 1944, while serving...
ARMY | BCMR | CY2001 | 2001064849C070421
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. His DD Form 214 reflects entitlement to the Combat Infantryman Badge, the Air Medal with 2 awards, the Bronze Star Medal with 2 oak leaf clusters, the Vietnam Campaign Medal, the Vietnam Service Medal, and the National Defense Service Medal. Although the evidence of record confirms that orders were published...