ARMY | BCMR | CY2002 | 2002071421C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. It allows Reserve component soldiers who are involuntarily separated between 23 October 1992 and 31 December 2001 because of medical unfitness to elect transfer to the Retired Reserve for Reserve retirement pay at age 60 based on a minimum of 15 years of qualifying service toward Reserve component retirement. Paragraph 2-8 of that regulation describes qualifying service,...
ARMY | BCMR | CY2002 | 2002071430C070402
APPLICANT STATES : In effect, that he was unjustly barred from reenlistment under the Qualitative Management Program (QMP) and was denied any severance pay for his many years of service. Soldiers who are denied reenlistment are authorized one-half separation pay. At the time the applicant separated from the service, there were no provisions to authorize severance pay to enlisted personnel and the implementing instructions that subsequently authorized severance pay to enlisted personnel,...
ARMY | BCMR | CY2002 | 2002071446C070402
The applicant requests correction of his records to show award of the Bronze Star Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, his service in Vietnam, and, in effect, any other medals or decorations to which he is entitled. His discharge documents does not show the dates of his service in Vietnam. Based on the applicant service in Vietnam, he is entitled to award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with...
ARMY | BCMR | CY2002 | 2002071449C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Paragraph 4-7 of that regulation states, in pertinent part, that when submitting an appeal, the burden of proof rests with the applicant and that he or she must produce evidence that established clearly and convincingly that the action is warranted to correct a material error, inaccuracy, or injustice. DISCUSSION : Considering all the evidence, allegations, and...
ARMY | BCMR | CY2002 | 2002071451C070402
Army Regulation 600-8-22 also 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. There is nothing in the applicant’s military records which shows that he was wounded. Since nonfavorable consideration for the Good Conduct Medal was not noted on the applicant's DA Form 20, the Board will accept that the applicant was not awarded the Good Conduct Medal...
ARMY | BCMR | CY2002 | 2002071453C070402
In view of the foregoing, the applicant’s records should be corrected as recommended below. That the applicant’s WD AGO Form 53-55 be amended to show he is authorized the Purple Heart and to show he is authorized to wear three bronze service stars on the Asiatic Pacific Service Medal. __ RVO __ __ RTD __ __ KWL __ GRANT AS STATED IN RECOMMENDATION
ARMY | BCMR | CY2002 | 2002071461C070402
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 Board considered the following evidence: EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002071462C070402
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 | 2002071468C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is insufficient evidence to grant the applicant’s request. NOTE : The ARBA Support Division in St. Louis is requested to correct the applicant’s records to show award of the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
ARMY | BCMR | CY2002 | 2002071470C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his discharge be corrected to show he was wounded in action and awarded the Purple Heart. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002071474C070402
His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates he was released from active duty in pay grade E-4. On 20 March 1968, more than one month after the applicant was released from active duty, a letter was forwarded to the applicant informing him that he had been promoted to pay grade E-5. The evidence clearly indicates that the applicant was promoted to pay grade E-5 with an effective date of 8 February 1968, two days prior to his separation from...
ARMY | BCMR | CY2002 | 2002071476C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant applied to the ADRB in March 1957 and that board denied his request for an upgrade of his discharge in September 1957. In the absence of evidence to the contrary, it must be presumed that the applicant was administratively discharged in accordance with applicable laws and regulations in effect at the time, with no procedural errors that would jeopardize his rights.
ARMY | BCMR | CY2002 | 2002071478C070402
The applicant requests that his military records be corrected to show he was awarded the Purple Heart. The same regulation provides that a Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. The applicant asserts he was denied the Purple Heart because he was wounded in Laos, but he submits no evidence to support his contention.
ARMY | BCMR | CY2002 | 2002071481C070402
EVIDENCE OF RECORD : The applicant's military records show: The regulation in effect at the time provided for standby advisory boards (STAB) in those cases where an officer was eligible for consideration and whose records were not submitted for review and for officers whose records contained material error when viewed by the board. The available evidence shows that the applicant's records, as seen by the 1997 RCSB for promotion to LTC, contained his highest military and civilian education level.
ARMY | BCMR | CY2002 | 2002071482C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Therefore, the Board concludes that the applicant has provided no evidence to establish a basis for the upgrade of his discharge. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2002071482SUFFIXRECONDATE BOARDED20021031TYPE OF DISCHARGE(UD)DATE OF DISCHARGE19650610DISCHARGE AUTHORITYAR635-208 DISCHARGE REASONA51.00BOARD...
ARMY | BCMR | CY2002 | 2002071483C070402
The applicant’s military records show that as a sergeant, pay grade E-5, he reenlisted in the Regular Army on 26 October 1994, for a period of 4 years. The VSI pays an annual annuity payment equal to 2.5 percent of the soldier’s annual basic pay at separation from the active Army multiplied by the soldier's number of years of service and paid for twice the number of years the soldier had served at the time of separation. The applicant is authorized to receive VSI payments each year until...
ARMY | BCMR | CY2002 | 2002071490C070402
It states, in pertinent part, that the PH is authorized to members who are wounded in action. 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 to his DD Form 214. 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 on 7 September 1952,...
ARMY | BCMR | CY2002 | 2002071491C070402
The applicant requests correction of his records to show the medals and certificates to which he is entitled such as the “Armed Forces Expeditionary Medal, the National Defense Service Medal, the Cold War Certificate, etc.” However, the applicant has presented no evidence that other soldiers in his unit received the Armed Forces Expeditionary Medal and he was denied that service medal. This medal is not shown on the applicant’s DD Form 214; therefore, the applicant is entitled to...
ARMY | BCMR | CY2002 | 2002071492C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He received nonjudicial punishment (NJP) that resulted in a loss of rank, extra duty and a transfer to the motor pool. 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.
ARMY | BCMR | CY2002 | 2002071493C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 25 January 1985 the United States Court of Military Appeals denied the applicant's petition for grant of review. There is no evidence, and the applicant has not provided any, that his discharge was in error or unjust.
ARMY | BCMR | CY2002 | 2002071494C070402
The flashbacks were described as not that bad at present, hospitalization at that time was not recommended, and thorazine was continued. He was found to be medically unfit for the above diagnoses and it was recommended he be processed out of the service medically. On 27 September 1972, the applicant was discharged with a bad conduct discharge pursuant to his sentence by court-martial.
ARMY | BCMR | CY2002 | 2002071496C070402
The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 September 1969 shows the following entries in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): Republic of Vietnam Service Medal; National Defense Service Medal; and Vietnam Service Medal with two Bronze Service Stars. Evidence of record shows the applicant served in the Army as a member of the 9th Infantry...
ARMY | BCMR | CY2002 | 2002071500C070402
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 undesirable discharge be upgraded to an honorable or general discharge by reason of medical disability. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002071508C070402
On 22 October 1986, he completed a physical examination for the purpose of a Medical Evaluation Board (MEB). There is no evidence in the available records of a psychological disorder diagnosis by the Army or the VA. The Army must find that a service member is physically unfit to reasonably perform their duties and assign an appropriate disability rating before they can be medically retired or separated.
ARMY | BCMR | CY2002 | 2002071510C070402
Neither the Purple Heart nor any unit awards are listed on his DD Form 214 for the period ending 30 September 1981. The evidence of record shows the applicant was awarded the Purple Heart on General Orders 89, 3d Field Hospital dated 21 August 1967 for wounds received in action on 18 August 1967. The evidence of record also shows that the applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the...
ARMY | BCMR | CY2002 | 2002071512C070402
As a result of his request not to be further considered for attendance at the ANCOC and this DA action to remove his name from the promotion list, the applicant’s conditional promotion to SFC/E-7 was revoked and de-facto status was granted him for the period 1 November 1996 through 25 October 1999. He also indicated that because the applicant’s promotion was conditioned on completion of a required course, his academic failure of this course and his later request to no longer be considered...
ARMY | BCMR | CY2002 | 2002071526C070402
In a 21 December 2001 memorandum to the Total Army Personnel Command (PERSCOM) the MEDDAC commander at Fort Stewart recommended that the applicant be promoted to sergeant effective on 26 July 2001 as an exception to policy. Both the applicant’s company commander and MEDDAC commander recommended that the applicant be promoted to sergeant effective on 26 July 2001, the date that she completed the required proficiency training. The applicant completed the required training.
ARMY | BCMR | CY2002 | 2002071527C070402
He stated that she met all the requirements of Army Regulation 601-210, and should have been recommended for promotion on the completion of her training as stated in her enlistment contract. In a 17 June 2002 advisory opinion, the Office of the Deputy Chief of Staff G-1 recommended that the applicant be retroactively promoted to the rank of sergeant with a date or rank of 18 January 2001 and that she receive all due pay and allowances from that date. The applicant’s present commander and...
ARMY | BCMR | CY2002 | 2002071529C070402
His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), reflects that he was awarded the National Defense Service Medal, the Explosive Ordnance Disposal Badge, the Vietnam Service Medal, the Army Commendation Medal, and the Expert Badge (M-14). This document shows that at the time of the applicant’s assignment his unit was awarded the Meritorious Unit Commendation for the period 1 January through 31 December 1969 by Department of the Army General Order 2, dated...
ARMY | BCMR | CY2002 | 2002071533C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That item 10 of his 22 October 2001 DA Form 199 (Physical Evaluation Board (PEB) Proceedings)) be corrected to show that his medical condition was based on disability from a disease received in the line of duty under conditions simulating war. Army Regulation 635-40 establishes the Army physical disability evaluation system and states in pertinent part...
ARMY | BCMR | CY2002 | 2002071565C070402
His "reentry code" was recorded as "RE-3." In November 2001 the Army Discharge Review Board voted to upgrade the characterization of the applicant's discharge to honorable and to change the reason of his discharge from "Misconduct-Patterns of Misconduct" to simply "Misconduct," which was in keeping with the current provisions of Army Regulation 635-200, paragraph 14-12b. The evidence confirms that the applicant’s Reentry Eligibility code was assigned based on the fact that he was separated...
ARMY | BCMR | CY2002 | 2002071572C070402
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 | 2002071573C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. Chapter 10 of the regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive...
ARMY | BCMR | CY2002 | 2002071577C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He departed Germany on 21 July 1978, en route to Fort Campbell, Kentucky, with a report date of 24 August 1978. He failed to report as ordered and was reported as AWOL from 24 August 1978, until he was returned to military control on 7 September and charges were preferred against him for the absent without leave (AWOL) offense.
ARMY | BCMR | CY2002 | 2002071578C070402
The witness was born on 13 October 1988. It appears he negligently failed to obtain any counseling prior to completing the DD Form 1883, resulting in his completing the form with several errors on it. He asked his spouse, the applicant, to sign a blank form; he had a relative, who was a minor, act as witness to the form; and he contradicted his intention to provide for spouse coverage by checking option A.
ARMY | BCMR | CY2002 | 2002071580C070402
On 3 July 2001, an instructor of the Nursing Education Service, BAMC, recommended that the applicant be awarded MOS 91C based on her successful completion of 8 weeks of proficiency training and that she be granted an accelerated promotion to SGT/E-5 in accordance with paragraph 7-11, Army Regulation 601-210, the ACASP enlistment option. The advisory opinion noted that the applicant had completed the required training on 3 July 2001, and had received a recommendation for accelerated...
ARMY | BCMR | CY2002 | 2002071586C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to a more favorable discharge. At the time of his enlistment he indicated that he was divorced.
ARMY | BCMR | CY2002 | 2002071593C070402
In support of his claim for award of the Purple Heart, the applicant provided Department of Veterans Affairs documentation which shows that service connection was granted for multiple shrapnel wounds. He states that “When Comrade [applicant’s last name] was wounded in battle, I recall that one of our Medics had administered treatment out in the field of Comrade [applicant’s last name] shrapnel wounds.” The applicant also provided an eyewitness statement, dated 28 February 2002, from a...
ARMY | BCMR | CY2002 | 2002071595C070402
The applicant states that he was hospitalized for “trench foot” during World War II and the current military awards regulation now awards the Purple Heart for this injury. A DA Form 1577 (Authorization for Issuance of Awards) shows the applicant has already received award of the Bronze Star Medal based on the Combat Infantryman Badge, but it has not been entered on his WD AGO Form 53-55. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may...
ARMY | BCMR | CY2002 | 2002071598C070402
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 requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence that the...
ARMY | BCMR | CY2002 | 2002071600C070402
The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 6 years. However, the MFR from USAREC dated 25 February 2002 confirms that the DD Form 4/1 is incorrect and should be corrected to reflect his term of enlistment as 8 years. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/1) of the individual concerned to show that he enlisted in the...
ARMY | BCMR | CY2002 | 2002071603C070402
The applicant states that he attended Pathfinder Class 1-78, that an earlier DD Form 214 included his CIB, and that other members of his company received the Air Medal but he did not. There is no evidence of record, no USARV Form 131 on the applicant is available, and he has submitted no evidence to show he was eligible for award of the Air Medal. The applicant’s DA Form 2-1 shows he completed HALO training; however, his DA Form 1307 is not available and he has not submitted a course...
ARMY | BCMR | CY2002 | 2002071605C070402
In December 1967, while a member of C Company, 1 st Battalion (Airborne), 506 th Infantry, the applicant was transferred to Vietnam as part of a unit move. His separation document does not reflect entitlement to the Purple Heart but does reflect entitlement to the National Defense Service Medal, Vietnam Service Medal and Vietnam Campaign Medal. As such the Board concludes that the applicant is entitled to an award of the Parachutist Badge and his record should be corrected accordingly.
ARMY | BCMR | CY2002 | 2002071613C070402
The separation document (DD Form 214) issued to the applicant on the date of his separation from active duty confirms that 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. However, at the time of the applicant's separation the regulation provided for the issuance of UD. This document was authenticated by the applicant with his signature on the date of his discharge, in effect, verifying the...
ARMY | BCMR | CY2002 | 2002071615C070402
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. 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...
ARMY | BCMR | CY2002 | 2002071620C070402
discharge him based on the evidence of record at the time. Inasmuch as the applicant offered no evidence that disputed the evidence provided by the recommending commander, the Board finds that his service did not warrant a fully honorable discharge and that the decision made by the discharge authority was proper. Accordingly, the applicant has failed to convince the Board through the evidence submitted with his application or the evidence of record that his discharge was unjust and should...
ARMY | BCMR | CY2002 | 2002071622C070402
He explained that the accuser had made the allegations after her rater (CW2) had counseled her on her conduct towards himself. On 1 December 2000, the applicant’s commander submitted a recommendation recommending that the applicant appear before a Show Cause Board based on his conduct as an officer and the substantiated investigation. Other witnesses refuted her version of the discussion concerning the applicant’s offer to strip down to a thong and perform lap dances for $20.00 and one...
ARMY | BCMR | CY2002 | 2002071625C070402
The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. 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 to his DD Form 214. Although there is a variance of dates, the evidence of record shows that the applicant was wounded in...
ARMY | BCMR | CY2002 | 2002071626C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. 3 The Board considered the eyewitness statements provided in support of the applicant’s request for award of the Purple Heart.
ARMY | BCMR | CY2002 | 2002071628C070402
Following completion of all required military training, he was assigned to a unit at Fort Lee, Virginia, with duty as a cook. He had a total of 8 months and 27 days of service in Vietnam spent at base camp in Phu Loi and Ninh Hoa, or in drug rehabilitation at Nha Trang and Long Binh. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.