ARMY | BCMR | CY2002 | 2002068503C070402
The applicant requests removal of the record of proceedings of nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), imposed on 28 January 1993. The applicant’s military records show that on 6 July 1989 he enlisted in the Army for 4 years in the pay grade of E-1. A review of the filing instruction for Article 15s, which is listed in Army Regulation 600-8-104, shows that a DA Form 2627 (Record of Proceedings under Article 15, UCMJ) issued after 25 January...
ARMY | BCMR | CY2002 | 2002068504C070402
The Board considered the following evidence: On 12 October 1978, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge UOTHC. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2002068504SUFFIXRECONYYYYMMDDDATE BOARDED2002/06/11TYPE OF DISCHARGE(UOTHC)DATE OF DISCHARGE1978/10/12DISCHARGE AUTHORITYAR635-200,chapter 10 .
ARMY | BCMR | CY2002 | 2002068505C070402
Item 34 (Wounds Received In Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “NONE.” There is no record that the applicant was awarded the Purple Heart and there are no medical records available. The evidence of record shows that the applicant was eligible for the POW Medal; therefore, he is entitled to correction of his records to show that he was awarded the POW Medal. That all of the Department of the Army records related to this...
ARMY | BCMR | CY2002 | 2002068506C070402
On 23 August 1977, the separation authority approved the applicant’s request for discharge and directed that he be furnished a discharge under other than honorable conditions. On 3 September 1981, the Army Discharge Review Board denied the applicant’s request for a discharge upgrade to honorable. The Board reviewed the applicant’s record of service which included a 82-day AWOL period terminated by apprehension by civil authorities and determined that his record of service was not satisfactory.
ARMY | BCMR | CY2002 | 2002068507C070402
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 3 January 1985, the...
ARMY | BCMR | CY2002 | 2002068509C070402
The applicant’s military records show that he was inducted in the Army of the United States on 16 November 1966 for a period of 2 years. There is no evidence in the available records to show that the applicant was awarded MOS 11B, or that he was ever assigned or attached to an infantry unit of brigade, regimental or smaller size. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Good Conduct Medal for the period 16 November 1966...
ARMY | BCMR | CY2002 | 2002068510C070402
The applicant’s commanding officer recommended to the separation authority that the applicant be discharged from the Army. However, and notwithstanding the opinion stated in the 6 December 2000 report, the applicant could have a personality disorder that is not included in the classification (e.g., passive-aggressive personality disorder) as indicated in DSM-IV. The preponderance of evidence indicates that the applicant did indeed have a personality disorder, as shown by his counseling...
ARMY | BCMR | CY2002 | 2002068521C070402
APPLICANT REQUESTS: That her records be corrected to include a "complete-the-record" evaluation report. She states that Table 3-7, of Army Regulation 623-105 states that the servicing administrative office will "provide administrative data for board OERs [officer evaluation reports] by preparing a shell of [a] DA Form 67-9 [Officer Evaluation Report]." She also states, in effect, that the same regulation requires that the evaluation section of the servicing administrative office notify...
ARMY | BCMR | CY2002 | 2002068523C070402
In support of his application, he submits a letter, dated 17 December 2001, from the Chief, Education Incentives and Counseling Branch; an application for a 1999-2000 student loan, dated 12 January 1999; and a DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application, dated 20 November 2001. The applicant’s DA Form 3286-66, Section 4, item a states “I understand that under this program (LRP) that the government will repay a designated portion of any loan I incurred that...
ARMY | BCMR | CY2002 | 2002068526C070402
The applicant was considered but not selected for promotion. The applicant was considered but not selected for promotion. On 24 January 2002, PERSCOM informed him that promotion reconsideration was authorized under Title 10, U. S. Code and approved when records contained a material error when they were considered by a promotion selection board.
ARMY | BCMR | CY2002 | 2002068527C070402
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 DASEB further indicated that, by the applicant’s own admission, she appealed the NJP action to her battalion commander, who reviewed her appeal and denied it, which is evidence that she was provided due process in connection with the NJP action. This conclusion is further supported by the applicant’s own statement to the...
ARMY | BCMR | CY2002 | 2002068528C070402
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: Although the letter of commendation shows that the 439 th AAA (AW) Battalion supported the Fifth Army on the front lines and under direct contact with enemy forces, it does not identify...
ARMY | BCMR | CY2002 | 2002068531C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That an academic evaluation report (AER) for the period 4 January 1996 through 21 February 1996 be expunged from his OMPF (Official Military Personnel File). Statements from his chain of command, which were also included with the applicant's petition to this Board, indicated that the applicant had completed several hours of additional training in the...
ARMY | BCMR | CY2002 | 2002068534C070402
APPLICANT REQUESTS: In effect, that he be appointed to the rank of command sergeant major (CSM) and placed on the Retired List in that rank. APPLICANT STATES : In effect, that he served in the capacity of a CSM while on active duty and after receiving an approved retirement, he was selected for advancement to the rank of CSM. The provisions for acceptance into the CSM program were that individuals not have an approved retirement, be eligible for worldwide assignment at any time and that...
ARMY | BCMR | CY2002 | 2002068535C070402
There is no evidence that the applicant was recommended for award of the Bronze Star Medal for his service in Vietnam; however, it is clear that the award approval authority determined that the Army Commendation Medal was the appropriate recognition for the applicant’s service in Vietnam. The Board noted that the applicant’s discharge document does not show award of the Army Commendation Medal to which he is entitled; therefore his records should be corrected to show this award. Orders...
ARMY | BCMR | CY2002 | 2002068537C070402
His order was in opposition to the Medical Condition – Physical Profile Record, DA Form 8-274, signed by a Medical Corps captain, which stated on 7 May 1968, “The above individual is to report to a medical facility in one month for further physical profile evaluation or medical treatment and disposition.” These instructions would have placed him back at Walter Reed General Hospital on 6 June 1968; however, he was separated on 10 May 1968 before medical treatment was completed or a final...
ARMY | BCMR | CY2002 | 2002068538C070402
EVIDENCE OF RECORD : The applicant's military records show he enlisted in the USAR on 3 June 1980. There is no record of transfer, drill or assignment of the applicant to a unit in San Antonio, Texas. The applicant has failed to provide this Board with evidence to show that he obtained a unit of assignment in writing during his absence.
ARMY | BCMR | CY2002 | 2002068539C070402
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002068544C070402
APPLICANT REQUESTS: That his Article 15 dated 21 August 1987 be removed from the restricted section of his Official Military Personnel File (OMPF). The Board notes that, as an E-5, the applicant’s Article 15 was properly filed in his restricted fiche in accordance with regulation and the determination of the imposing commander and there is no evidence of error. Disciplinary information from his restricted fiche will not be routinely provided to selection boards until the time he is...
ARMY | BCMR | CY2002 | 2002068545C070402
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 for one. The OER was a "Relief for Cause" OER that referred to multiple incidents where the applicant took meals in the Battalion Dining...
ARMY | BCMR | CY2002 | 2002068547C070402
APPLICANT STATES : In effect, that in his previous request to the Board where he requested that his indebtedness for overpayment of RRMIIP benefits be cancelled/remitted, the Board granted his request and directed that his orders be amended to show that he remained on active duty involuntarily. The active duty order must specify that the member’s service is involuntary. The Board also notes that officials at the DFAS also recognized that the intent of the Board was to cancel/remit the debt...
ARMY | BCMR | CY2002 | 2002068548C070402
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. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal and no evidence of any misconduct, which would serve as a basis to deny him the award. The Board concludes that it would be appropriate to award the applicant an...
ARMY | BCMR | CY2002 | 2002068549C070402
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Good Conduct Medal and the National Defense Service Medal. The applicant served a period of qualifying service for award of the National Defense Service Medal; therefore, he is entitled to correction of 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...
ARMY | BCMR | CY2002 | 2002068550C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: 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 | CY2002 | 2002068552C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The review failed to identify the applicant as being eligible for award of the Purple Heart. It is acknowledged that the VA granted the applicant service-connection for a shrapnel scar on his forehead based upon the same information upon which the Board denied his request for the Purple Heart.
ARMY | BCMR | CY2002 | 2002068553C070402
The applicant requests, in effect, that she receive Board Certification Pay (BCP) for the period 1 August 2000 to 28 February 2001. The advisory opinion points out that it appears the applicant did not realize the appropriate procedures required to start BCP, and there is no record of board certification being forwarded to or received by the AMEDD Special Pay Branch for action by her military personnel office. That all of the Department of the Army records related to this case be corrected...
ARMY | BCMR | CY2002 | 2002068555C070402
APPLICANT REQUESTS: In effect, that his below center-of-mass Officer Evaluation Report (OER), DA Form 67-9, for the period 16 May 1998 through 18 March 1999, be removed from his military record. On 30 January 2002, the senior rater provided a letter in support of the applicant's OER appeal. The OSRB states, in pertinent part, "The SR (senior rater) in this letter does not claim he erred when authoring the OER.
ARMY | BCMR | CY2002 | 2002068557C070402
The so-called "Blue Discharge" was the WD AGO Form 53-56 (Discharge From the Army of the United States - Enlisted Record and Report of Separation). Given the date of his induction into the Army of the United States, his AWOL period, and his date of separation, the applicant actually had only 1 year, 4 months, and 14 days of creditable service and 432 days of lost time due to AWOL. After a thorough review of the applicant's records and documents submitted with his application, the Board...
ARMY | BCMR | CY2002 | 2002068560C070402
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. Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, Total Army Personnel Command, it was determined the applicant was erroneously not considered and is eligible for consideration for promotion to CW3 by a special selection board (SSB) under 2001 criteria. The...
ARMY | BCMR | CY2002 | 2002068562C070402
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. Based upon review by the Office of Promotions, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected by the 2001 Reserve Components Selection Board. Material error in this context is one or more...
ARMY | BCMR | CY2002 | 2002068566C070402
On or about 13 July 1971, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial. On 8 September 1971, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge under other than honorable conditions. DISCUSSION : Considering all the evidence,...
ARMY | BCMR | CY2002 | 2002068567C070402
The applicant states, in effect, that item 6 on his WD AGO Form 53-55 is incorrect and lists him as a member of the 109th AAA Gun Battalion. The applicant provided a copy of WD AGO Form 100, which shows that he was a cannoneer and served with the 116th AAA Gun Battalion in the European Theater of Operations. The applicant provided a copy of Headquarters, 116th AAA Gun Battalion Mobile (MBL) General Orders Number 10, dated 2 June 1945, which shows that he was awarded the “Bronze Service...
ARMY | BCMR | CY2002 | 2002068568C070402
The applicant states, in effect, that his 7 years MTIG as a CPT for promotion to MAJ was 30 November 1997, but that he was promoted to MAJ in the USAR with an effective date and DOR of 2 October 1998. On 17 November 1998, the U. S. Army Reserve Personnel Command (AR-PERSCOM) published a promotion memorandum promoting the applicant to the rank of MAJ with an effective date and DOR of 2 October 1998, based on being qualified for promotion as a result of passing the APFT. Army Regulation...
ARMY | BCMR | CY2002 | 2002068572C070402
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. This medical record...
ARMY | BCMR | CY2002 | 2002068578C070402
He states, in effect, that his wound is reflected on his separation document and as such he should have been awarded the Purple Heart. The evidence confirms the applicant was wounded as a result of hostile action on 16 November 1952 and as such is entitled to the Purple Heart. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart.
ARMY | BCMR | CY2002 | 2002068579C070402
He served as a helicopter pilot in Vietnam from 6 March 1967 through 3 March 1968 and was honorably discharged as a Warrant Officer Two on 19 June 1969 to accept a commission as a Reserve officer. There are no orders for additional awards of the Air Medal in the applicant’s service personnel records. Therefore, the Board determined that the applicant is entitled to 19 additional awards of the Air Medal, for a total of 54 awards of the Air Medal.
ARMY | BCMR | CY2002 | 2002068581C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Although the applicant's supervisor may have indicated in his letter of recommendation that the applicant had been awarded the Army Commendation Medal, there is no evidence in available records, or provided by the applicant, which confirms that information. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be...
ARMY | BCMR | CY2002 | 2002068584C070402
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 evidence of record also...
ARMY | BCMR | CY2002 | 2002068587C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The separation action was approved and on 15 August 1995 the applicant was discharged with an honorable characterization of service. The Board notes that there is no evidence of error or injustice in the applicant's separation and that fact that she is now married does not invalidate the original basis for her 1995 separation action.
ARMY | BCMR | CY2002 | 2002068589C070402
On 6 September 1968, he enlisted in the RA for 3 years [although a DD Form 214 was issued for the period of service from 15 November 1967 - 5 September 1968, it is not available in the applicant's records]. He had also completed 2 years, 3 months and 25 days of prior active military service. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2002068589SUFFIXRECONDATE BOARDED20020808TYPE OF DISCHARGE(UD)DATE OF DISCHARGE19701019DISCHARGE AUTHORITYAR635-200,...
ARMY | BCMR | CY2002 | 2002068593C070402
On 31 January 1983, the approval authority approved the applicant's request for discharge under the provisions of chapter 10 and directed that he be separated with a UOTHC discharge in pay grade E-1. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was separated in absentia on 23 February 1983 under the provisions of chapter 10, Army Regulation 635-200 with a UOTHC discharge for the good of the service-in lieu of court-martial. On 13 August...
ARMY | BCMR | CY2002 | 2002068594C070402
The applicant states, in effect, that he believes he is entitled to awards based on his service in Korea, which were not included in his record or his separation document (DD Form 214). He was assigned to the 7 th Infantry Division, and served in Korea until 26 August 1963, at which time he was released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR). Paragraph 5-8 contains guidance on awarding the Korean Service Medal and it states, in pertinent part,...
ARMY | BCMR | CY2002 | 2002068595C070402
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. By regulation, in order to qualify for the CIB, a soldier must be an infantryman with an infantry MOS; a member of an infantry unit, of brigade, regimental or smaller size; and be personally present and actively participate in ground combat with the unit while it is engaged in action against the enemy. That...
ARMY | BCMR | CY2002 | 2002068597C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: 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 | CY2002 | 2002068600C070402
As supporting evidence, he provides his DD Form 214 for the period ending 17 June 1991; several course completion certificates and Academic Evaluation Reports (DA Forms 1059) showing he completed courses either in a nonresident phase or in a resident phase during annual training; orders showing he, with his unit, was ordered to active duty for 270 days from 19 August 1997 – 7 May 1998; a Certificate of Training showing he completed a one-week Combat Lifesaver Course in 1997 during his period...
ARMY | BCMR | CY2002 | 2002068602C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by changing his date of discharge to include 11 days of accrued leave (which the applicant refers to as sick leave). DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of...
ARMY | BCMR | CY2002 | 2002068603C070402
The applicant was thereupon enrolled in the SBP. 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. When the applicant divorced Cynthia in October 1996, the court ordered him to elect former spouse coverage.
ARMY | BCMR | CY2002 | 2002068606C070402
Records available to the Board indicate the applicant entered active duty on 3 March 1969 and was promoted to pay grade E-4 on 12 November 1969. His 6 October 1970 DD Form 214 (items 5a, 5b, and 6), however, reflects his grade as SP4, E-4, with the 12 November 1969 date of rank. That all of the Department of the Army records related to this case be corrected by showing on the applicant's 1970 DD Form 214 that he was separated in the grade of sergeant/E-5 with a date of rank of 13 July 1970.
ARMY | BCMR | CY2002 | 2002068607C070402
EVIDENCE OF RECORD : The applicant's military records show: Further, the applicant failed to provide the specific documents relating to the options he was presented upon his release from his ROTC scholarship. However, by his own admission, he was given the option to enter active duty in an enlisted status at the time, but instead chose to repay the debt on a monthly basis.
ARMY | BCMR | CY2002 | 2002068608C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Effective 22 December 1983, the applicant was discharged in the pay grade of E-1 under the authority of Army Regulation 635-200, chapter 3, as a result of trial by court-martial. 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: