ARMY | BCMR | CY2002 | 2002073887C070403
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. Although the evidence shows that neither the applicant nor his former spouse made a written request to change his SBP coverage to former spouse coverage within the one-year time frame, the applicant states that it is his intention...
ARMY | BCMR | CY2002 | 2002073897C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 16 September 1977, the applicant’s unit commander informed her that separation action was being initiated against her under the provisions of paragraph 5-39, Army Regulation 635-200, based on her inability to accept instructions and directions. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence...
ARMY | BCMR | CY2002 | 2002073899C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 30 January 1986, the applicant was discharged with a BCD. There is no available evidence that the applicant applied to the Army Discharge Review Board, for upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2002 | 2002073900C070403
The applicant states through counsel, in effect, that the FSM did complete and forward his DD Form 1883 early in 1987 but it was lost either by the U. S. Army Reserve Personnel Center (now the U. S. Army Reserve Personnel Command (AR-PERSCOM)) or the U. S. Postal Service. If the member was married but elected not to participate at the maximum level or elected to provide an annuity for a dependent child but not for his spouse, that member’s spouse would be notified of that election. That...
ARMY | BCMR | CY2002 | 2002073902C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 1 December 1960, the applicant’s unit commander submitted a request that the applicant be eliminated from service under the provisions of Army Regulation 635-208. The separation document (DD Form 214) issued to and authenticated by the applicant on the date of his separation confirms that he was separated under the provisions of Army Regulation 635-208, by reason of...
ARMY | BCMR | CY2002 | 2002073903C070403
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 | 2002073905C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On an unknown date, the applicant's commander initiated separation action under the provisions of Army Regulation 635-200, chapter 14, for commission of a serious offense. In view of the fact the applicant was separated for misconduct with a separation code of JKQ, the assigned reentry eligibility code of RE 3 was correct.
ARMY | BCMR | CY2002 | 2002073907C070403
He was told that he would receive an honorable discharge, but it would take several months to process. The applicant also provided a copy of his request for discharge for the good of the service. In addition, lacking any evidence of record that shows that the applicant’s reduction to PV1 was the result of some UCMJ action, the Board presumes he was reduced to the lowest enlisted grade as a result of receiving the UD, as was required by regulation.
ARMY | BCMR | CY2002 | 2002073917C070403
The applicant states, he would like to have his Purple Heart reflected on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. The evidence of record shows that the applicant is entitled to the...
ARMY | BCMR | CY2002 | 2002073919C070403
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: Army Regulation 601-210 provides the guidance for the issuance of RE Codes upon separation from active duty.
ARMY | BCMR | CY2002 | 2002073921C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Contrary to the applicant's contentions, the SGO files clearly show that he was hospitalized on three occasions for illnesses and surgical complications, not injuries (wounds). While the applicant served as an infantryman during the Korean War, and was released prior to the expiration of his term of service, neither of these facts establish that he was wounded in combat.
ARMY | BCMR | CY2002 | 2002073924C070403
APPLICANT REQUESTS: In effect, the applicant requests that his record be corrected to show that he was placed on the Reserve retired list in the grade of lieutenant colonel effective in January 2000. 23 April 2000 DD Form 214 (Certificate of Release or Discharge from Active Duty) showing that he was discharged from the Army because of disability and that he received severance pay in the amount of $137,390.40. Although the applicant was a Reserve officer on extended active duty, he...
ARMY | BCMR | CY2002 | 2002073927C070403
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...
ARMY | BCMR | CY2002 | 2002073928C070403
APPLICANT REQUESTS : That his record be corrected by awarding him the Combat Infantryman Badge (CIB). He states that as he served under fire with the 578 th Engineer (Combat) Battalion he should have been awarded the CIB. 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 added to his DD Form 214.)
ARMY | BCMR | CY2002 | 2002073932C070403
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. Evidence of record also...
ARMY | BCMR | CY2002 | 2002073935C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10 (Discharge for the Good of the Service), then in effect, set forth the basic authority for the separation of enlisted personnel. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor.
ARMY | BCMR | CY2002 | 2002073937C070403
Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere. However, regulation requires that a unit must be cited two times in the Orders of the Day of the Belgian Army and that the Belgian Government must publish a special decree in order for a unit to receive award of the Belgian Fourragere. Based on the foregoing, there is insufficient evidence to amend the applicant’s WD AGO Form 53-55 to show award of the Belgian Fourragere or a Citation in the Orders of...
ARMY | BCMR | CY2002 | 2002073942C070403
He submits VA medical records showing his treatment by that agency. VA medical records in February 2001 show that the applicant was evaluated by various medical personnel. At the time of his prior request to this Board in October 2001, the applicant made no request that his 30 percent disability rating be increased because of his left wrist condition, despite the evidence contained in the 2000 and 2001 VA medical documents indicating that he had problems with his left wrist and hand.
ARMY | BCMR | CY2002 | 2002073944C070403
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 | 2002073963C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 20 February 1975, the unit commander advised the applicant that he was being considered for separation from the Army under Army Regulation 635-206, based on his conviction by civil authorities. On 20 March 1975, the commander recommended the applicant’s discharge under Army Regulation 635-206.
ARMY | BCMR | CY2002 | 2002073966C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 25 June 1985, the applicant's commander recommended that he be discharged UOTHC in accordance with the provisions of chapter 10, Army Regulation 635-200. However, at the time of the applicant's request for discharge for the good of the service, he stated to his commander that he went AWOL to reconcile with his wife and of his own admission, he desired and requested to...
ARMY | BCMR | CY2002 | 2002073967C070403
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 | 2002073968C070403
APPLICANT STATES : In effect, that he was reduced in rank as a result of nonjudicial punishment (NJP) he accepted in October 1983, for assault with a deadly weapon. 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: Therefore, the Board is satisfied that the rank and pay grade recorded in the applicant’s separation document were entered in accordance with...
ARMY | BCMR | CY2002 | 2002073969C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He was discharged UOTHC on 17 March 1981 under Army Regulation 635-200, chapter 14, based on misconduct – an established pattern of shirking. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor.
ARMY | BCMR | CY2002 | 2002073971C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 4 October 1984, she submitted a DA Form 4187 (Personnel Action) requesting separation under the provisions of Army Regulation 635-200, paragraph 6-3, b(2), for a hardship discharge due to being a sole parent. On 9 October 1984, the separation authority approved the recommendation and directed the issuance of an Honorable Discharge Certificate and transfer to the...
ARMY | BCMR | CY2002 | 2002073980C070403
The applicant requests that Permanent Orders 192-35, dated 2 November 1993, which revoked the first award of the Good Conduct Medal, be removed from his Official Personnel Military File (OMPF). Evidence of record shows the applicant was awarded the first award of the Good Conduct Medal for the period 19 January 1990 to 18 January 1993 based on Permanent Orders Number 192-34, dated 2 November 1993. The applicant's records contain Permanent Orders Number 192-35, dated 2 November 1993, which...
ARMY | BCMR | CY2002 | 2002073983C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The LRP is an educational enlistment incentive which provides for payment of 33 1/3 percent or $1,500.00, whichever is greater, of the unpaid principal of eligible student loans for each year of active duty a soldier completes. Since the applicant acknowledged that she understood that only those loans which were made or insured under the Higher Education Act of 1965 were...
ARMY | BCMR | CY2002 | 2002073985C070403
APPLICANT REQUESTS: In effect, that he be granted retirement under the Army's early retirement authority or that his line of duty determination be changed from not in line of duty to in line of duty. The applicant states that he was involved in an accident at his home on 11 June 2000 and because there was evidence that he "may have been drinking alcohol that evening" a line of duty investigation was initiated. He states that following an investigation the LOD investigating officer...
ARMY | BCMR | CY2002 | 2002073994C070403
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. On 3 January 1962, the board of officers recommended that the applicant be separated from the service due to unfitness and be given an undesirable discharge.10. That all of the Department of the Army records related to this case be corrected by:a. voiding his undesirable discharge of 5 February 1962;
ARMY | BCMR | CY2002 | 2002074005C070403
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 added to the FSM's DD Form 214. The Board further finds that it is in the interest of justice to show that the FSM was awarded or authorized the following awards, decorations, and badges: the Good Conduct Medal with 3 bronze loops, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal with 5...
ARMY | BCMR | CY2002 | 2002074008C070403
The applicant states that the FSM was awarded the Bronze Star Medal for achievement in combat and the award citation shows that he was “stunned and wounded by Artillery fragments.” While there are no “other” official records available to validate that the FSM was wounded in action during World War II, the Bronze Star Citation, indicating that he was wounded by artillery fragment while in combat on 18 January 1945, is convincing evidence that he was wounded in action and met the criteria for...
ARMY | BCMR | CY2002 | 2002074012C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He departed Germany on 1 October 1991 and was transferred to Fort Benjamin Harrison in accordance with the terms of his reenlistment contract. The applicant’s group commander (a colonel) provided a memorandum to accompany the bar to reenlistment request which indicated that the applicant had accepted NJP on 23 July 1992 for forgery and on 6 December 1993, he declined NJP...
ARMY | BCMR | CY2002 | 2002074020C070403
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 records available to the Board which shows that the applicant was recommended for or awarded the Bronze Star Medal. There is no evidence the applicant was recommended for or awarded the Bronze Star Medal.
ARMY | BCMR | CY2002 | 2002074022C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The evidence of record shows that the applicant was not selected for appointment to CSM while he was still on active duty, and that he was placed on the Retired List in the rank of SGM in accordance with the applicable law and regulations in effect at the time. Therefore, the Board finds no injustice related to the applicant’s assigned retired rank title and is compelled...
ARMY | BCMR | CY2002 | 2002074023C070403
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. It is acknowledged that the applicant was married to the FSM for about 17 years prior to the final divorce action in 1994.
ARMY | BCMR | CY2002 | 2002074024C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 7 July 1977, the Army Discharge Review Board (ADRB) denied his request for upgrade of his discharge. 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 | 2002074029C070403
The applicant requests that the social security number (SSN) on the DA Form 638 which resulted in the award of the Meritorious Service Medal be corrected. Consequently, the SSN on the DA Form 638 should be corrected as the applicant has requested in her application to this Board. That the 31 March 1998 DA Form 638, recommending and approving the award of the Meritorious Service Medal be corrected to reflect the SSN as shown on her application to this Board; and that all her records be...
ARMY | BCMR | CY2002 | 2002074033C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. A DD Form 215, issued 20 September 1999, shows the applicant was also entitled to the Republic of Vietnam Campaign Medal and the National Defense Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.
ARMY | BCMR | CY2002 | 2002074041C070403
APPLICANT STATES : In effect, that his commander denied him the opportunity to attend a substance abuse treatment program, which led to the court-martial charges for which he received a BCD. The convening authority approved the sentence of a BCD, confinement for two years, forfeiture of $300.00 pay per month for two years, and a fine of $2,000.00. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record,...
ARMY | BCMR | CY2002 | 2002074056C070403
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that the 26 August 1991 memorandum showing that he was disqualified for award of the Good Conduct Medal during his first period of service be removed from his performance fiche. The performance portion of the applicant's Official Military Personnel File (OMPF) contains a copy of a 26...
ARMY | BCMR | CY2002 | 2002074057C070403
The applicant requests, in effect, that his records be corrected to show he was placed on the Retired List and authorized to receive retired pay effective 26 April 1987, the date he turned 60 years of age, and that he be provided all back retired pay due as a result. However, it is clear that the applicant first contacted ARPERSCOM personnel officials requesting retired pay on 18 November 1989, which was well within 6 year statute of limitations based on the date from which his claim for...
ARMY | BCMR | CY2002 | 2002074065C070403
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. The Articles 15 referred to in the paragraph above are not on file in the applicant's service personnel records; however, according to Item 33 (Appointments and Reductions) of the applicant's DA Form 20,...
ARMY | BCMR | CY2002 | 2002074066C070403
Although the applicant contends that he is entitled to the Combat Infantryman Badge, evidence of record shows that he served in MOS 94B (cook) during his assignment in Vietnam. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. That all of the Department of the Army records related to this case be corrected by showing that...
ARMY | BCMR | CY2002 | 2002074067C070403
The applicant states, in effect, the DD Form 214 issued to him upon his discharge from the Army erroneously shows his effective date of discharge as 16 April 1971. On 24 January 1974, the request was approved by the appropriate authority who directed that the applicant be released from active (REFRAD) effective 16 April 1974. Item 9d (Effective Date) of the DD Form 214 issued to the applicant on the date of his REFRAD erroneously lists the date as 16 April 1971.
ARMY | BCMR | CY2002 | 2002074071C070403
The FY01 Colonel Promotion Board results show that the applicant was considered above the zone (AZ) along with 97 other officers and only five officers were selected (5.1%). The PERSCOM forwarded the applicant’s request to the OSRB for a determination on the applicant’s request. While the Board understands the applicant’s perspective in this matter, he has failed to show through the evidence of record or the evidence submitted with his application, that his former spouse had any affect on...
ARMY | BCMR | CY2002 | 2002074072C070403
The applicant argues that administrative error occurred when the senior rater (SR) was advised: 1) that he should adhere to the Officer Evaluation Guide published by the Evaluation Systems Office of the U.S. Total Army Personnel Command, 2) that a center of mass (COM) block rating by the SR with a credible profile was an evaluation worthy of promotion, 3) that there was only "some" inflation in the OER system; but 4) that there were no consequences if the SR failed to comply with the...
ARMY | BCMR | CY2002 | 2002074087C070403
The applicant requests reconsideration of his earlier appeal to have his records corrected to show that he is qualified for retired pay at age 60. Considering all the aspects of the case; but especially, that the applicant that he had completed 50 percent of C&GSC and had not required a waiver for his promotion to lieutenant colonel; that he had served consecutive qualifying years from the time entered active duty; that he had been making a real contribution the USAR by teaching classes...
ARMY | BCMR | CY2002 | 2002074092C070403
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to an honorable discharge (HD).
ARMY | BCMR | CY2002 | 2002074094C070403
Personnel who enlisted in a Troop Program Unit 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. Given the commander’s certification that the applicant was not briefed and that he was deprived an opportunity to make a decision whether or not to enroll in the RRMIIP, the Board is convinced that the applicant was not properly briefed on the RRMIIP. Accordingly, as an...
ARMY | BCMR | CY2002 | 2002074095C070403
There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action. 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. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for...