ARMY | BCMR | CY2002 | 2002070590C070402
The applicant states, in effect, that the FSM’s separation document (WD AGO 53-55) does not list the PH as an authorized award. It states, in pertinent part, that the PH is authorized to members who are wounded in action. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart, for being wounded in action, while serving in the African Theater on 20 May 1943; by showing that he earned the World War II Victory...
ARMY | BCMR | CY2002 | 2002070593C070402
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 27 JUNE 2002 DOCKET NUMBER: AR2002070593 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...
ARMY | BCMR | CY2002 | 2002070596C070402
Army Regulation 635-40, paragraph 2-2b, as amended, provides that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit. The VA,...
ARMY | BCMR | CY2002 | 2002070597C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member’s 60 th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. Public Law...
ARMY | BCMR | CY2002 | 2002070599C070402
Medical records on 3, 4, 6, and 7 October 1966 show that he continued to complain of back pain, and that he received physical therapy for his back. The applicant on that same date stated that he had been informed of the approved findings and recommendations of the board. There is no evidence, nor has the applicant provided any, to indicate that his discharge because of a physical disability that existed prior to his entry on active duty was in error or unjust, and as such, there is no...
ARMY | BCMR | CY2002 | 2002070600C070402
The applicant states, in effect, that although he did serve as a clerk on occasion during his tenure on active duty, his primary combat service in the European Theater of Operations (ETO) during World War II was performed as a basic rifleman, in Company A, 9 th Armored Infantry Battalion. The evidence of record confirms that the applicant was awarded the CIB on 6 June 1944, and by regulation, this entitles him to the BSM. of the separation document of the individual concerned, dated 24...
ARMY | BCMR | CY2002 | 2002070602C070402
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal. In support of his application, the applicant submitted a copy of a DA Form 638 (Recommendation for Award) which recommended that he receive the Meritorious Service Medal as a retirement award. The applicant also submitted a copy of his DD Form 214 with a separation date of 28 February 2001.
ARMY | BCMR | CY2002 | 2002070603C070402
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: A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad conduct or dishonorable discharge and they must indicate that they have been briefed and understand the consequences of such a request as...
ARMY | BCMR | CY2002 | 2002070606C070402
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. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. The...
ARMY | BCMR | CY2002 | 2002070609C070402
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. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant’s failure to submit his...
ARMY | BCMR | CY2002 | 2002070639C070402
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. The staff of the Board is authorized to determine whether or not such evidence has been submitted. In review of all the evidence in this case, this Board has determined that there is insufficient evidence upon which to base award of the Purple heart in this case.
ARMY | BCMR | CY2002 | 2002070642C070402
The applicant states that his date of entry is incorrect on his DD Form 214 and that the date shown is after his discharge. The applicant’s records contain a copy of DD Form 4 (Enlistment Record – Armed Forces of the United States) which shows that the applicant enlisted on 6 December 1966. The applicant provided a copy of his Minnesota Application for Vietnam Bonus, dated 28 August 1973, which shows his period of active duty from 5 December 1966 to 16 November 1969.
ARMY | BCMR | CY2002 | 2002070643C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 6 July 1982 the (then) Military Personnel Center (MILPERCEN) denied his request, stating that the circumstances surrounding the award of the Soldier's Medal to the applicant did not fulfill the requirement for entitlement to a 10% increase in retired pay as set forth in Army Regulation 635-200. Army Regulation 635-200, 1 October 1982, paragraph 12-4c, states that...
ARMY | BCMR | CY2002 | 2002070648C070402
The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show his rank and grade as Specialist, E-4, to add all his training courses, and to add all of his awards and decorations. On 4 February 2002, he was discharged, with a discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial. His DD Form 214 shows that he had no...
ARMY | BCMR | CY2002 | 2002070649C070402
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: A general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2002 | 2002070651C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He remained in Germany until 9 July 1969, when he was transferred to Vietnam. He extended his tour in Vietnam for a period of 6 months and was granted a 30-day special leave with a return date of 10 June 1970.
ARMY | BCMR | CY2002 | 2002070652C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The MEB concluded that the applicant's condition originated while he was on active duty and recommended that the applicant be referred to a Physical Evaluation Board (PEB). Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of...
ARMY | BCMR | CY2002 | 2002070656C070402
This document shows the unit, to which the applicant was assigned, the 180th Infantry Regiment, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 10 December 1951 to 31 July 1953 by Department of the Army General Orders Number 30-54. However, evidence of record shows the applicant participated in one campaign during his assignment in Korean which is not correctly shown by award of one bronze service star for wear on his Korean Service...
ARMY | BCMR | CY2002 | 2002070662C070402
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: APPLICANT REQUESTS: That his undesirable discharge be upgraded.
ARMY | BCMR | CY2002 | 2002070663C070402
There are no orders available to the Board which authorize award of the Purple Heart to the applicant. Based on paragraph 6, above, the applicant is entitled to award of the Republic of Vietnam Campaign Medal and correction of his records to show this award. b. by showing he was awarded the Purple Heart, the Combat Infantryman Badge, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit...
ARMY | BCMR | CY2002 | 2002070665C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Paragraph 16-5C provides that soldiers who decline to meet service remaining requirements and who have signed a DCSS may request immediate separation. Army Regulation 635-200, paragraph 16-5C is correct.
ARMY | BCMR | CY2002 | 2002070667C070402
The Board notes the applicant contention that he was wounded in action in the RVN and is entitled to the PH. By regulation, in order to support an award of the PH, it is necessary to establish that a member was wounded in action and that the wound, for which the award is being made, required treatment by a medical officer. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the first award of the Army Good Conduct Medal for...
ARMY | BCMR | CY2002 | 2002070670C070402
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded. Although he initially waived his right to an administrative separation board, on 13 September 1963, a board of officers convened under the provisions of Army Regulation 635-208 to determine if he should be discharged from the Army because of unfitness. As requested by the applicant, the Board considered his contentions and the letters of support for an upgrade of his discharge.
ARMY | BCMR | CY2002 | 2002070671C070402
APPLICANT REQUESTS: In effect, that he be paid for the 70 days of leave he lost at the time of retirement. His orders also authorized 60 days of transition leave. While it is unfortunate that the applicant may have lost some of his accrued leave at the time of his separation, he has failed to show through the evidence submitted with his application or the evidence of record that he was unjustly denied the opportunity to take ordinary or terminal leave at some time prior to his scheduled...
ARMY | BCMR | CY2002 | 2002070673C070402
He was promoted to major with a promotion effective date and date of rank of 19 July 2000. An officer selected by a mandatory promotion board that has a MTIG date before the approval date of the board, the officer’s promotion date and effective date will be no earlier than the date of approval of the mandatory board by which recommended. The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was selected for promotion to major...
ARMY | BCMR | CY2002 | 2002070674C070402
The applicant requests correction of his WD AGO Form 55 (Enlisted Record) to show award of the World War II Victory Medal, the European-African-Middle Eastern (EAME) Campaign Medal, the Combat Infantryman Badge, two awards of the Bronze Star Medal, one of which for valor (correctly known as the Bronze Star Medal with First Oak Leaf Cluster with “V” Device), the Good Conduct Medal, two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster), the American...
ARMY | BCMR | CY2002 | 2002070675C070402
It states, in pertinent part, that Congress has provided compensation (no more than 60 days in a military career) for soldiers who were not able to use their leave because military requirements prevented it. While it is unfortunate that the applicant may have lost some of his accrued leave at the time of his separation, he has failed to show through the evidence submitted with his application or the evidence of record that he was unjustly denied the opportunity to take ordinary or terminal...
ARMY | BCMR | CY2002 | 2002070679C070402
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. 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. That all of the Department of the Army records related to this case be corrected by showing...
ARMY | BCMR | CY2002 | 2002070685C070402
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 | 2002070688C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Although the discharge packet is not of record, the record indicates that the applicant requested to be discharge for the good of the service in lieu of trail by court-martial under the provisions of Army Regulation 635-200, chapter 10. The applicant was discharged on 25 September 1972 with an undesirable discharge.
ARMY | BCMR | CY2002 | 2002070692C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his dishonorable discharge be upgraded to a more favorable discharge. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002070695C070402
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: 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 at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by...
ARMY | BCMR | CY2002 | 2002070703C070402
The applicant requests, in effect, reconsideration of his earlier appeal to correct his records by awarding him the Combat Infantryman Badge (CIB). He is entitled to award of the Bronze Star Medal based upon the CIB. That all of the Department of the Army records related to this case be corrected by showing that individual has been awarded the CIB, the Bronze Star Modal, the Purple Heart with First Oak Leaf Cluster, the Good Conduct Medal, the Meritorious Unit Commendation with First Oak...
ARMY | BCMR | CY2002 | 2002070704C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. A 29 January 1971, DA 268 shows that the applicant was placed in a no pay status due to a determination that he had fraudulently entered the service. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time...
ARMY | BCMR | CY2002 | 2002070709C070402
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: The applicant says, however, that his flight records were left in Vietnam and he is able to provide only a statement from his former operations officer and a copy of his assignment orders and DA Form 20 to support his contention that he completed the necessary requirements for the Air Medal with three oak leaf clusters.
ARMY | BCMR | CY2002 | 2002070710C070402
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 records be corrected to show completion of the Modern Army Records Keeping System (MARKS) Course, the Emergency Medical Technician (EMT) Course, award of the Certificate of Achievement (CA) for outstanding performance of duty while preparing for the unit Annual General Inspection (AGI), award of the CA...
ARMY | BCMR | CY2002 | 2002070711C070402
While the FSM was assigned to the 195th Antiaircraft Artillery Automatic Weapons Battalion, the unit was cited for award of the Distinguished Unit Citation, therefore, his WD AGO Form 53-55 will be amended to show this award. Evidence of record shows that the FSM's unit received occupation credit for Germany; therefore, he is entitled to the Army Occupation Medal (Germany) and correction of his records to show this award. The Department of the Army Pamphlet 672-1 shows that the FSM's unit...
ARMY | BCMR | CY2002 | 2002070712C070402
In support of his application, the applicant provides the following documents: Army Reserve Personnel Command (ARPERSCOM), St. Louis, Missouri, letter Subject: Submission of Voluntary Retirement, dated 1 March 2000; retirement orders, dated 28 August 2000; request to rescind retirement actions and for extension on AFS with chain of command endorsements, dated 6 September 2000; separation document (DD Form 214), dated 31 January 2001; Total Army Personnel Command (PERSCOM), St. Louis, letter...
ARMY | BCMR | CY2002 | 2002070715C070402
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 | 2002070718C070402
On 22 September 2000 the applicant’s squad leader counseled him concerning his performance, stating that he had not improved since being diagnosed with bipolar disorder, and that it would be in his and the Army’s best interest that he be separated because of his personality disorder. On 23 October 2000 the applicant’s commanding officer notified the applicant that he was initiating action to separate him from the Army for a personality disorder under the provisions of Army Regulation...
ARMY | BCMR | CY2002 | 2002070720C070402
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: 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 | 2002070724C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. A member’s service may be characterized as general by the commanding officer authorized to take such action. The applicant’s service was properly characterized in accordance with the applicable regulations in effect at the time and the applicant has failed to show through the evidence submitted with his application or the evidence of record that his service warranted a...
ARMY | BCMR | CY2002 | 2002070725C070402
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 | CY2002 | 2002070726C070402
EVIDENCE OF RECORD : The applicant's military records show: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The available records show that the applicant was discharged under the provisions of chapter 11, Army Regulation 635-200, due to entry-level performance and conduct.
ARMY | BCMR | CY2002 | 2002070728C070402
The applicant’s DD Form 214 shows that he entered on active duty on 6 June 1949, had 2 years and one month of foreign service, and was awarded the Combat Medical Badge, the Army of Occupation Medal (Japan), the Korean Service Medal with three bronze service stars, and the United Nations Service Medal. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award...
ARMY | BCMR | CY2002 | 2002070731C070402
The applicant states, in effect, that the rank he held at the time of his discharge was not the highest rank he held during his active duty tenure. The applicant’s military records were not available to the Board for review. That all of the Department of the Army records related to this case, particularly item 38 (Highest Grade Held) of his WD AGO Form 53-55 should be corrected to show his rank as staff sergeant; by showing he was awarded the Bronze Star Medal; by showing he earned 4...
ARMY | BCMR | CY2002 | 2002070732C070402
In support of his application, he submits a copy of his DD Form 214; an award certificate and orders for award of the Good Conduct Medal; two award certificates and two DA Forms 638 (Recommendation for Award) for the Army Commendation Medal; a Memorandum for Record, dated 9 August 2000, which authorizes wear of the Kosovo Campaign Medal; a Memorandum for Record, dated 9 August 2000, which authorizes wear of the Joint Meritorious Unit Award; a Memorandum, dated 26 July 2000, which authorizes...
ARMY | BCMR | CY2002 | 2002070733C070402
On 8 December 1944, the convening authority approved the sentence as adjudged. It provided that the maximum punishment for the violation of Article 86 (any sentinel who leaves his post before he is regularly relieved) was confinement at hard labor for 1 year, a dishonorable discharge and a forfeiture of all pay and allowances. The Board has noted the applicant’s contentions; however, they are unsupported by the evidence of record.
ARMY | BCMR | CY2002 | 2002070743C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant was 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 | 2002070745C070402
Since the applicant’s name appears on the list of casualties wounded in Vietnam, and his Enlisted Qualification Record contains an entry validating his wounding, it is apparent that he was awarded the Purple Heart for wounds received in Vietnam on 8 March 1969 and is entitled to have it reflected on his DD Form 214. Furthermore, based on his excellent performance of duty and his promotion to the rank of sergeant in only two years of service, it would be appropriate to recognize his...