ARMY | BCMR | CY2001 | 2001055092C070420
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that an individual who has been incapacitated for further flight duty by reason of being wounded as a result of enemy action, or injured as the result of an aircraft accident for which he or she was not personally responsible, or has participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of a crew chief, airborne electronic sensory system operator or...
ARMY | BCMR | CY2001 | 2001055095C070420
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 WD AGO Form 53-55 also lists the Purple Heart as one of his decorations; however, it also includes a “NO RECORD” entry which indicates that there was no record of the applicant being entitled to the award prior to his discharge. Although his WD AGO Form 53-55 indicates that, at the time of his discharge,...
ARMY | BCMR | CY2001 | 2001055101C070420
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. PURPOSE : To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to...
ARMY | BCMR | CY2001 | 2001055102C070420
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the award of the Purple Heart. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing in item 33 (Decorations and Awards) of his...
ARMY | BCMR | CY2001 | 2001055103C070420
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 | 2001055104C070420
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 applicant was inducted for 2 years and, following training, was assigned to the RVN where he served almost 14 months.
ARMY | BCMR | CY2001 | 2001055119C070420
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. 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: However, neither the applicant’s explanation nor the doctor’s opinion overcomes the fact that there is no record of treatment for the hand...
ARMY | BCMR | CY2001 | 2001055121C070420
Issue 54 was the fact that in the transcripts the board stated that she never denied being a homosexual. However, the Board also notes that according to the transcripts CSM M___ testified that PFC A___ was not the applicant’s subordinate. The Board concludes that there was no evidence at the time of the board hearing and she has provided no evidence now to overcome the conclusion that she did make and sign the 6 May 1982 Sworn Statement in which she admitted to homosexual activity.
ARMY | BCMR | CY2001 | 2001055122C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. She applied to this Board on 6 June 2000 requesting that the Board change her discharge to reflect a more favorable narrative reason and authority for discharge. However, they are not supported by the evidence of record or the evidence submitted by the applicant with her application.
ARMY | BCMR | CY2001 | 2001055123C070420
On 6 July 2000, the Chief of Personnel Division, Office of the Chief, Army Reserve (OCAR) denied the applicant’s request for a waiver of the 2-year promotion ADSO under the provisions of Army Regulation 140-158 and indicated that this regulation prohibited AGR soldiers from applying for retirement during their 2 year promotion ADSO period unless they qualified for retirement based on completing 30 or more years of service or qualified for retirement in the higher pay grade based on prior...
ARMY | BCMR | CY2001 | 2001055124C070420
The applicant requests, in effect, that his military records be corrected to show that he was “injured” while in Vietnam and treated at an Army hospital in Japan. That award, however, was not recorded on his DD Form 214. While the evidence confirms the applicant was treated for an ulcer in 1967 there is no evidence, and the applicant has not provided any, that he was injured or wounded during his tour of duty in Vietnam and accordingly there is no basis to correct his record.
ARMY | BCMR | CY2001 | 2001055129C070420
The applicant’s military records were not provided to the Board. The Board agrees with the National Guard Bureau that the applicant has not provided substantive evidence to support his contention that he was not promoted in a timely manner due to several administrative errors. Notwithstanding the opinion from the National Guard Bureau, the Board notes that the applicant did not request correction to his date of rank to 1 October 1998, his time in grade date; therefore, his command will not...
ARMY | BCMR | CY2001 | 2001055143C070420
The applicant requests that he be awarded the Combat Infantryman Badge (CIB). The applicant states that he was an infantryman serving in an infantry unit during such time as the unit was engaged in active ground combat. The applicant met all the criteria for award of the CIB, i.e. had an infantryman MOS, served in combat with an infantry unit and was also wounded in action while a member of that infantry unit.
ARMY | BCMR | CY2001 | 2001055150C070420
The applicant requests that he be awarded the Purple Heart and the Bronze Star Medal (BSM). The evidence of record shows that the applicant was treated in an Army medical treatment facility in Arkansas for an eye disorder in July 1944. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2001 | 2001055153C070420
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. Accordingly, on 10 December 1979, he was discharged, under the provisions of chapter 10, Army Regulation 635-200, for the good of the service-in lieu of trial by court-martial, after completing 1 year, 2 months, 9 days of his current enlistment and a total of 3 years, 9 months, and 23 days of active military service. On 5 June...
ARMY | BCMR | CY2001 | 2001055159C070420
In this incident, his commanding officer told him that unless he took action to correct his deficiencies, consideration might be given to his being separated from the Army under the appropriate Army Regulation. Otherwise, a commander was required to separate soldiers under other provisions of the regulation which in most cases resulted in an other than honorable discharge. The record clearly shows that he was counseled three times and he had had NJP imposed against him twice as a result of...
ARMY | BCMR | CY2001 | 2001055166C070420
At the time the applicant submitted his application to the Army Board for Correction of Military Records, he was serving on active duty in pay grade E-4. Army Regulation 621-202, Chapter 3, Section 3-5 also stipulates the Army will not repay loans or portions of loans that are in default; however, this office made an exception to policy to grant repayment toward the remaining original unpaid principal on all of the applicant’s defaulted loans. However, the advisory opinion points out that...
ARMY | BCMR | CY2001 | 2001055167C070420
The applicant requests that his Official Military Personnel File (OMPF) be corrected by correcting the discrepancies in his Army Good Conduct Medal (AGCM) orders. In accordance with the advisory opinion, it would be appropriate to remove PO 118-43 dated 6 September 1994 and the copy of PO 202-157 dated 21 July 2000 which awarded him the AGCM 4 th award for the period 6 May 1997 – 5 May 2000 from his OMPF. That all of the Department of the Army records related to this case be corrected by...
ARMY | BCMR | CY2001 | 2001055177C070420
The applicant requests correction of his military records to show that in 1987, when he received a 1.5A selective reenlistment bonus (SRB), he was authorized to receive a 3A SRB due to reenlistment in military occupational specialty (MOS) 13N. He also submits DD Forms 4/1-4/2, dated 22 June 1987; an Enlisted Record Brief, dated 19 March 2001; a Memorandum for Record, dated 19 March 2001; and a copy of a DA Form 2-1 (Personnel Qualification Record). In view of the foregoing findings and...
ARMY | BCMR | CY2001 | 2001055216C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. It states, in pertinent part, that the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214 and will only include entries and awards authorized for active duty personnel. However, the Marksmanship Badge was appropriately omitted from his DD Form 214 because it was awarded to the applicant on 6 May 1959 and it was...
ARMY | BCMR | CY2001 | 2001055220C070420
EVIDENCE OF RECORD : The applicant's military records show: In 1998, the applicant requested the Board correct his records to show he was not barred from reenlistment at the time he was discharged, that he receive back pay, and that he be granted an early retirement. Based upon his request and the correction to his records, he was retired effective 1 October 1996.
ARMY | BCMR | CY2001 | 2001055222C070420
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 military records show a mandatory removal date (MRD) beyond 1 January 2004. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2001 | 2001055223C070420
On 19 June 2001 the applicant submitted a rebuttal to the advisory opinion, stating that she did meet all the requirements for early Reserve retirement, except for being a member of the Selected Reserve at the time of her reassignment to the Retired Reserve. 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: The applicant had not...
ARMY | BCMR | CY2001 | 2001055224C070420
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 21 February 1974, the...
ARMY | BCMR | CY2001 | 2001055233C070420
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. 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 | 2001055241C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. NGB assumed that the FSM would have qualified for non-regular retirement within 60 days of his date of death. 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 | 2001055248C070420
The VA’s 12 January 1994 decision to grant service connection for schizophrenia was available for this Board’s original consideration of the case. The staff of the Board is authorized to determine whether or not such evidence had been submitted. The applicant has submitted no evidence to show that he was manifesting symptoms of, had a diagnosis of, or was treated for any physical, mental or psychological condition that would have warranted referral for a medical evaluation.
ARMY | BCMR | CY2001 | 2001055263C070420
NEW EVIDENCE OR INFORMATION : A Memorandum of Consideration is not available to reflect the basis for the denial of the applicant’s case on 19 May 1965. The psychiatrist recommended that the applicant be separated from the service under the appropriate administrative regulation. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001055263SUFFIXRECON19650519DATE BOARDED20010809TYPE OF DISCHARGE(GD) Army Discharge Review Board upgraded the applicant’s...
ARMY | BCMR | CY2001 | 2001055265C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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 | 2001055271C070420
The CG informed the applicant that he was required to show cause for his retention on active duty, under the provisions of paragraph 4-2, Army Regulation 600-8-24, based on his substandard duty performance and misconduct. It directed that the applicant be advised that his resignation in lieu of elimination was approved and that orders be published directing the applicant’s honorable discharge, under the provisions of chapter 4, Army Regulation 600-8-24, by reason of unacceptable conduct/...
ARMY | BCMR | CY2001 | 2001055274C070420
Accordingly, there is no basis for the Board to direct a correction of his records to indicate that he was awarded the Purple Heart. In view of the foregoing, the applicant’s records should be corrected as recommended below. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal for meritorious service during World War II.
ARMY | BCMR | CY2001 | 2001055275C070420
The applicant states, in effect, that he was in the 7 th Infantry Division during the Korean War and suffered severe frostbite to both feet during the period 15 November 1950 to 15 December 1950. When war broke in Korea, the division initially was kept in Japan as part of the Far East Command General Reserve and men from the division were used to fill under-strength units already in Korea. That all of the Department of the Army records related to this case be corrected by issuing to the...
ARMY | BCMR | CY2001 | 2001055281C070420
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 | 2001055293C070420
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 Enlisted Record and Report of separation (WD AGO Form 53-55) be corrected to show that he was awarded the Combat Infantryman Badge (CIB). The applicant states that he was awarded the CIB on 1 August 1945 while he was in the Philippines and he was receiving combat pay until he...
ARMY | BCMR | CY2001 | 2001055295C070420
APPLICANT REQUESTS: Correction of his records to show his combat service in Korea with Company C of the 65th Infantry Regiment. There are no service records available to the Board, and the applicant has provided no records, which show the specific units, locations and dates of the applicant’s service in Korea. The Board reviewed the evidence submitted by the applicant and the statement wherein he describes the chronology of his service in Company C of the 65th Infantry Regiment and 187th...
ARMY | BCMR | CY2001 | 2001055298C070420
Chapter 7 contained the Army’s enlisted promotion policy and paragraph 7-52 contains guidance on the 2 year service obligation incurred by individuals who were promoted to pay grades E-7, E-8, or E-9, which they were required to serve prior to non-disability retirement. It further stated that any member promoted to such a grade after submitting an application for retirement would be required to submit a written request to withdraw the retirement or to decline the promotion within 15 days...
ARMY | BCMR | CY2001 | 2001055299C070420
The applicant states that he served with Company B, 2d Battalion, 8 th Cavalry (2/8 th Cavalry) in Vietnam, a highly-involved combat unit. In pertinent part, it states that a soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited. A soldier may...
ARMY | BCMR | CY2001 | 2001055302C070420
PROCEEDINGS BOARD DATE: 07 AUGUST 2001 DOCKET NUMBER: AR2001055302 The applicant states that his home of record street address is incorrect, that his address was Domer Road and not Domex Road, and that he was entitled to award of the Purple Heart for wounds he received in action on 12 August 1969. The applicant was discharged on 6 November 1969, and his DD Form 214 does not reflect award of the Purple Heart.
ARMY | BCMR | CY2001 | 2001055304C070420
The evidence of record clearly shows that the applicant was wounded in action on 21 October 1950 and is therefore entitled to receive the Purple Heart and to have it reflected on his DD Form 214. Furthermore, at the time he was wounded, his record shows that he was a corporal, heavy weapons infantryman MOS 4812, in combat with the 187 th Airborne RCT, an infantry unit, and as such would be entitled to award of the CIB. That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY2001 | 2001055310C070420
APPLICANT STATES : In effect, that he was unjustly convicted by a general court-martial for conduct that was a result of his injuries and the medications prescribed to him, that he was unjustly removed from the E-7 promotion standing list, that he received inadequate representation by military counsel, that he was subsequently cleared of the misconduct for which he was convicted of by a general court-martial by chapter 14 proceedings, that he was unjustly barred from reenlistment, and that...
ARMY | BCMR | CY2001 | 2001055343C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that his recruiter told him that all of his student loans would be repaid as part of his LRP enlistment incentive. At the time of his enlistment the applicant completed several enlistment forms indicating that a cash enlistment bonus in the amount of $4,000.00 and the Student Loan Repayment Program were part of his enlistment incentives.
ARMY | BCMR | CY2001 | 2001055347C070420
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, and advisory opinion, it is concluded: In accordance to the advisory opinion, because of the applicant’s new ETS he was not entitled to SRB 1.5A for MOS 92Y “w/p” regardless of his airborne status at the...
ARMY | BCMR | CY2001 | 2001055356C070420
APPLICANT REQUESTS: In effect, that the interest for his student loan be paid by the government for his entire Loan Repayment Program (LRP) enlistment. It specifies “I further understand that I am required to make the interest payments on my student loan during my first year of enlistment. 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 | 2001055375C070420
The applicant states, in effect, he attended the UC-35 Aircraft Qualification Course (AQC) in 1999 and learned in October 2000, after having his request for release from active duty (REFRAD) denied, that he had incurred an ADSO based on his attendance at this course. In it, PERSCOM officials opine that the applicant incurred a 3 year ADSO based on his attendance at the AQC under the provisions of paragraph 2-7f(1), Army Regulation 350-100, and while the applicant asserts that this course...
ARMY | BCMR | CY2001 | 2001055390C070420
Counsel cites Army Regulation 623-1, paragraph 1-6(a)(1)(a) to substantiate this argument and states that the proponent of this regulation has confirmed that the intent of this paragraph was “to assure that highly qualified personnel would not be adversely effected by taking extraordinarily difficult courses.” Counsel contends that the Navy has no need for such a voluntary withdrawal policy because it considers the time to be “not observed” anyway. The counsel’s contentions are new argument...
ARMY | BCMR | CY2001 | 2001055395C070420
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. APPLICANT REQUESTS: Correction to his assignment organization on his discharge (WD AGO 53-55).
ARMY | BCMR | CY2001 | 2001055403C070420
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 information concerning the applicant on the list of names provided by him would appear to indicate award of the PH (Purple Heart); however, his discharge document clearly indicates...
ARMY | BCMR | CY2001 | 2001055419C070420
In support of his application, he submits a DD Form 214 (Report of Separation from Active Duty) with an effective date of 9 July 1974; two NGB Forms (Report of Separation and Record of Service) with effective dates of 9 April 1978 and 31 October 1975; a Retirement Credits Record; and a DD Form 214 with an effective date of 30 April 1997. His records contain a DA Form 2339 (Application for Voluntary Retirement), dated 18 February 1997, which shows the applicant’s total active service...
ARMY | BCMR | CY2001 | 2001055422C070420
APPLICANT REQUESTS: In effect, that his dishonorable discharge be upgraded. Accordingly, on 15 November 1973 the applicant was discharged with a dishonorable discharge under the provisions of Army Regulation 635-200, chapter 11, pursuant to the sentence of a general court-martial. The Board reviewed the applicant’s record of service and determined that his discharge does not warrant upgrading because of his poor disciplinary record, excessive amount of lost time, and the seriousness of the...
ARMY | BCMR | CY2001 | 2001055424C070420
The evidence shows that Engineer Branch received the applicant’s request for an education waiver almost two months prior to the suspense date and for unknown reasons the request was not processed. The applicant’s records should be corrected to show that his request for a waiver of the statutory educational requirement was received and processed by the appropriate office on 8 August 2000, approved, and that he was promoted to captain with a date of rank and an effective date of 1 March 2001....