ARMY | BCMR | CY2002 | 2002000277C070215
The applicant requests, in effect, that his Louisiana Army National Guard (LAARNG) Federal Recognition order be corrected to show the effective date of 25 August 2002. Paragraph 2-3a states that temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status. If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the...
ARMY | BCMR | CY2002 | 20020004389C070215
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2005 DOCKET NUMBER: AR20050004389 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. However, there is no evidence in the available records and the applicant has not provided evidence that he performed aircraft crewman duties. Evidence shows that the applicant’s records contain administrative errors...
ARMY | BCMR | CY2002 | 20020008001C070215
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his under other than honorable conditions discharge be upgraded to an honorable discharge. On 22 May 2002, the Army Discharge Review Board (ADRB) denied the applicant’s request to upgrade his discharge.
ARMY | BCMR | CY2002 | 2002060264C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. While the Board cannot determine why the delay in establishing eligibility occurred, the applicant acknowledged that it was his responsibility to keep his loan current until the first payment was made. However, such delays in processing do not constitute an unfulfilled contract.
ARMY | BCMR | CY2002 | 2002061179C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Accordingly, he was separated on 21 December 1999 under the provisions of Army Regulation 635-200, chapter 9, for Alcohol Rehabilitation Failure, with a Separation Program Designator (SPD) of JPD and an RE-4 code. Army Regulation 635-5-1 provides that separation code JPD will be given when the reason for discharge is alcohol rehabilitation failure under Army Regulation...
ARMY | BCMR | CY2002 | 2002064061C070402
EVIDENCE OF RECORD : The applicant's military records show: He was placed on the TDRL under the same name and under the same SSN that he used at the time of his enlistment. On 9 September 1998, the Army Board for Correction of Military Records (ABCMR) administratively denied the applicant’s request for a name change.
ARMY | BCMR | CY2002 | 2002065212C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The evidence of record confirms that the applicant was honorably separated from active duty, in the pay grade of E-5, on 14 August 1967, for the purpose of accepting a commission as a second lieutenant in the USAR on 15 August 1967 and was credited with 342 days of active duty service for this period of active duty service. Given there are no provisions for combining the...
ARMY | BCMR | CY2002 | 2002065359C070402
The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations. The applicant requests that his enlistment contract be corrected to show he enlisted for 4 years and 00 weeks. The applicant states, in effect, that his enlistment contract erroneously shows he enlisted for 8 years and 00 weeks.
ARMY | BCMR | CY2002 | 2002065380C070402
On 3 March 2001, the applicant completed and his commander signed an Application for Remission or Cancellation of Indebtedness, DA Form 3508-R. At that time he owed two debts totaling $4,496.80 due to overpayment of his pay and allowances when his PEBD was calculated incorrectly, $1,198.88 of which had been collected. The Board believes that had the PERSCOM acted upon the applicant’s request for remission or cancellation of this indebtedness prior to any collections being made by DFAS,...
ARMY | BCMR | CY2002 | 2002065462C070402
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: That item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the entry "Hardship" instead of "Pregnancy," and that she receive her education benefits. On 13 January 1992, the applicant submitted a formal personnel...
ARMY | BCMR | CY2002 | 2002065650C070402
The applicant was appointed the executor-administrator of his estate. Records at DFAS-CL indicate the FSM continued to pay SBP premiums until his death. 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 elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election.
ARMY | BCMR | CY2002 | 2002065885C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, there is no evidence in the available records to show that he requested PTDY prior to his transition leave. The applicant had accrued 63 days of leave at the date of his release from active duty and used 72 days of leave as stated on his Statement of Military Leave Account, and incurred a debt of 10 days of excess leave.
ARMY | BCMR | CY2002 | 2002066143C070402
On 10 July 1993, the applicant was notified by the Enlisted Records and Evaluation Center (EREC) that he had been barred from reenlistment by Department of the Army (DA) under the provisions of the Qualitative Management Program (QMP). The separation document (DD Form 214) issued to and authenticated by him on the date of his separation confirms that he was discharged under the provisions of chapter 16, paragraph 16-8, Army Regulation 635-200, by reason of reduction in force. The evidence...
ARMY | BCMR | CY2002 | 2002066245C070403
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 excuse the failure to timely file. The applicant was notified of his rights to have a board of officers review his case, to be represented by counsel, to submit a statement on his own behalf and to have a medical examination. The applicant has not presented and the records do not contain sufficient justification to conclude that it...
ARMY | BCMR | CY2002 | 2002066294C070403
EVIDENCE OF RECORD : The applicant's military records show: There is no evidence in the available records which shows the applicant requested a hardship discharge. On 20 October 1978, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge to honorable or general.
ARMY | BCMR | CY2002 | 2002066301C070402
He also states that his case is very similar to the other soldier’s case, in that he was not afforded the opportunity to be briefed prior to being enrolled and that he should be afforded the benefits that he would have received had he been properly briefed. The initial enrollment period for active members of the Reserve Components (USAR and National Guard) was 1 October 1996 through 31 December 1996. Accordingly, as an exception to policy, it would be in the interest of justice to enroll...
ARMY | BCMR | CY2002 | 2002066308C070402
She indicates that her uncle is asking that the records be corrected to show he was the driver of a jeep, and that his injury was combat related so that he may be awarded the PH. The applicant’s military records were not available to the Board for review. However, based on the lack of supporting records and evidence to support his contention that the jeep accident he was involved in was combat related, it is regrettably compelled to deny his PH request.
ARMY | BCMR | CY2002 | 2002066310C070402
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 | CY2002 | 2002066311C070402
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. On 21 June 1972, the applicant requested a discharge under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. The...
ARMY | BCMR | CY2002 | 2002066313C070402
The applicant requests that his records be corrected to show that he was awarded the Purple Heart. Although awarded subsequent to the applicant’s departure from Vietnam, the applicant was entitled to awards of the RVNGC w/Palm and RVNCAHM-FC Unit Citations as well as the VUA. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 19 September 1966 through 18 September 1968.
ARMY | BCMR | CY2002 | 2002066314C070402
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. APPLICANT REQUESTS: That his undesirable discharge be upgraded to an honorable discharge. The Board determined that the applicant’s overall military service did not meet the standards of acceptable conduct and performance of duty for Army personnel sufficient to warrant an honorable discharge.
ARMY | BCMR | CY2002 | 2002066315C070402
The applicant was granted a security clearance on 11 May 2001; therefore, his date of rank is correct. 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 was granted a security clearance on 11 May 2001; therefore, his date of rank for captain was properly established as the date that he was granted a security...
ARMY | BCMR | CY2002 | 2002066316C070402
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 | CY2002 | 2002066317C070402
Army Regulation 135-155, paragraph 4-21d, states that for an AGR officer selected for promotion, the DOR will be the date the officer attained MTIG or the date on which the officer is assigned to a position in the higher grade, whichever is earlier. The date of rank (DOR) will be the date the officer attained maximum TIG (MTIG) or the date on which assigned/attached to a position in the higher grade, whichever is earlier.” The MTIG for promotion to LTC is 7 years as a MAJ. Pay and...
ARMY | BCMR | CY2002 | 2002066318C070402
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 applicant was discharged on 6 November 1978, with an UOTHC characterization of service for misconduct - frequent incidents of discreditable nature with...
ARMY | BCMR | CY2002 | 2002066321C070402
APPLICANT REQUESTS: Correction to his date of rank for lieutenant colonel from 27 September to 4 April 2001. A promotion memorandum dated 23 October 2001 was issued to him showing his date of rank and promotion effective date for lieutenant colonel as 27 September 2001. 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:
ARMY | BCMR | CY2002 | 2002066323C070402
The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954 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 Personnel Center, 550 C Street West, Randolph AFB, Texas 78150-4714. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was...
ARMY | BCMR | CY2002 | 2002066327C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The FSM’s military records show: The evidence of record does not show that the FSM attempted to enroll in the SBP at the time of their marriage.
ARMY | BCMR | CY2002 | 2002066329C070402
The psychiatrist cleared the applicant for any administrative action and recommended separation under the provisions of Army Regulation 635-212. When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with an Honorable...
ARMY | BCMR | CY2002 | 2002066369C070402
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS : That the Purple Heart Medal, the Jubilee of Liberty Medal, and the Bronze Star Medal be added to his WD AGO Form 53-55 (Separation Document). He submits documentation from his military records, unit morning reports, and a letter from a former fellow soldier in support of his application. The...
ARMY | BCMR | CY2002 | 2002066373C070402
The applicant’s record shows that the applicant was eligible for the Army of Occupation Medal with Germany Clasp which is not shown on his WD AGO Form 53-55. However, the evidence of record shows the applicant’s arrival to the unit was on 8 December 1944, after the unit’s award. The evidence of record shows that the applicant completed qualifying service in Germany for the award of the Army Occupation Medal with Germany Clasp; therefore, he is entitled to correction of his records to show...
ARMY | BCMR | CY2002 | 2002066377C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. After hearing testimony and reviewing the evidence of record, the board found that the applicant was unsuitable for further military service because of character and behavior disorders and disruptive reactions to acute or special stress. The appropriate authority approved the findings and recommendation of the board and the applicant was discharged under honorable...
ARMY | BCMR | CY2002 | 2002066379C070402
On 6 November 1978, the separation authority approved the board of officers recommendation and directed that the applicant be discharged from the service for misconduct due to frequent incidents of a discreditable nature with a general discharge. In accordance with a recommendation from a board of officers, the separation authority directed that the applicant be discharged with a general discharge under the provisions of Army Regulation 635-200 for misconduct. The Board reviewed the...
ARMY | BCMR | CY2002 | 2002066384C070402
There are no orders for the Combat Infantryman Badge in the available records. The Board also determined that the applicant is entitled to correction of his DD Form 214 to show this award. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross
ARMY | BCMR | CY2002 | 2002066386C070402
The Awards Branch, US Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G and 11H. The evidence of record shows that the applicant held an infantry MOS, was assigned to an infantry unit for the entire length of his tour in RVN, and was wounded in combat and awarded the Purple Heart. by showing that the individual concerned was awarded the CIB, and the Good...
ARMY | BCMR | CY2002 | 2002066388C070402
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’s WD AGO Form 100 (Separation Qualification Record), military occupational assignments section, shows in item 10 (months) the entry "24", in item 11 (Grade) the entry "Tec 5" (Technician 5th Grade/Grade 5) and in item 12 (military occupational specialty (MOS)) the entry "Artillery Mechanic Heavy...
ARMY | BCMR | CY2002 | 2002066390C070402
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: Documents associated with the applicant's administrative separation action were not in records available to the Board.
ARMY | BCMR | CY2002 | 2002066391C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Although there is no evidence, in available records, regarding disciplinary actions following this last period of AWOL, the applicant's records do indicate that he was confined from 8 December 1969 through 3 March 1970 when he was assigned as a duty soldier at Fort Riley, Kansas and promoted to pay grade E-2. Army Regulation 635-200, then in effect, noted that a general...
ARMY | BCMR | CY2002 | 2002066392C070402
On 19 September 1995, an ARNG Judge Advocate Advisor informed the applicant’s command, that JAGC officers appointed with military education stipulations will be considered to be educationally qualified for promotion if satisfactorily progressing toward completion of military education at the date promotion boards convene. Based upon review by the Office of Promotions, the applicant’s official military personnel file (OMPF) showed material error when he was considered and non-selected by the...
ARMY | BCMR | CY2002 | 2002066394C070402
The board recommended that the applicant be separated from the service with a general discharge under the provisions of Army Regulation 635-200, chapter 13. Accordingly, the applicant was discharged on 13 May 1983 with a general discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. The Board reviewed the applicant’s record of service during his current enlistment which included one nonjudicial punishment for possession of marijuana, 11...
ARMY | BCMR | CY2002 | 2002066395C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Public Law 98-94, dated 24 September 1983, established former spouse coverage for retired members (Reservists, too). At the time of the FSM’s and the applicant’s initial divorce action in 1977, coverage for former spouses was not authorized.
ARMY | BCMR | CY2002 | 2002066397C070402
APPLICANT REQUESTS: In effect, that his records be corrected to show that he was never convicted of a felony. Army Regulation 27-10 provides the filing instructions for a Record of Proceedings of Nonjudicial Punishment (DA Form 2627). The applicant has not provided evidence to show that Army records show that he was convicted of a felony and while the Board cannot determine with any degree of certainty exactly what transpired in this case, after the applicant admitted to the offenses for...
ARMY | BCMR | CY2002 | 2002066406C070402
The applicant states, in effect, that he was wounded while serving in the Republic of Vietnam (RVN). In this case however, although there are no available records that provide the normal supporting evidence, the Board finds the reason cited in the orders awarding him the Army Commendation with “V” Device, specifically the portion confirming he was wounded during the course of this action, is sufficient to prove he was wounded in action and is therefore entitled to the PH. That all of the...
ARMY | BCMR | CY2002 | 2002066407C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Effective 11 June 1985, the applicant was separated under the authority of Army Regulation 635-200 for misconduct. The Board notes that the applicant was over 21 years of age at the time of his first drug offense.
ARMY | BCMR | CY2002 | 2002066409C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. After reviewing the evidence presented, the board heard a closing statement presented by the applicant’s counsel in which he requested that the board consider the applicant’s excellent combat record and instead, recommend that he be separated from the service due to unsuitability. The applicant’s contention that he suffered from PTSD has been noted by the Board; however,...
ARMY | BCMR | CY2002 | 2002066425C070402
The applicant states that he was wounded twice while serving in Korea and does not know why his records do not reflect the award of these medals, but would like to have them included. Therefore, it is appropriate to correct the applicant's 1951 DD Form 214 to reflect the award of the Bronze Star Medal with "V" device. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it...
ARMY | BCMR | CY2002 | 2002066427C070402
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. Pertinent Army regulations provide that prior to discharge or release from active duty,...
ARMY | BCMR | CY2002 | 2002066429C070402
He further opined that the applicant had not been briefed or properly afforded the opportunity to enroll in the RRMIIP. Personnel who enlisted in a TPU after the initial enrollment period were required to be briefed on the program within 60 days of arrival in the unit and had 60 days after being briefed to enroll or decline. Accordingly, it would be in the interest of justice to enroll the applicant in the RRMIIP effective 8 December 1996 (the day the unit conducted its only briefing),...
ARMY | BCMR | CY2002 | 2002066430C070402
APPLICANT REQUESTS: That his records be corrected to show he is eligible for the Student Loan Repayment Program (SLRP). On his Student Loan Repayment Program Addendum Army National Guard of the United States, NGB Form 600-7-5-R-E, section II – Eligibility, the applicant initialed that he was a non-prior service applicant and met certain requirements to receive the SLRP, including having an AFQT score of 50 or above. DISCUSSION : Considering all the evidence, allegations, and information...
ARMY | BCMR | CY2002 | 2002066432C070402
The applicant requests that his records be corrected to show he was promoted to Colonel, O-6 and that he be reinstated on active duty with any and all due back pay and allowances. As a result of an earlier Board action, the applicant was promoted to Colonel after he had retired on 1 October 1999. b. correct all of his records to show that he served in an AGR status from 30 September 1999 to the present;