ARMY | BCMR | CY2002 | 2002076566C070215
APPLICANT REQUESTS: The applicant requests that Item 23 (Specialty Number and Title) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by replacing military occupational specialty (MOS) 63C20 (Wheel Vehicle Mechanic) with MOS 11B40 (Light Weapons Infantryman); and that he be issued the Combat Infantryman Badge (CIB) and any other pertinent awards. APPLICANT STATES : In essence, that he always served in MOS 11B40; that the orders that...
ARMY | BCMR | CY2002 | 2002076570C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He contends that a service record indicates that he sustained a combat injury. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002076573C070215
The applicant requests that his enlistment contract be corrected to show that he enlisted in the Army for 4 years. The applicant states that his enlistment contract erroneously shows that he enlisted in the Army for 3 years. That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/3) of the individual concerned to show that he enlisted in the Regular Army for 4 years and 00 weeks instead of 3 years and 00 weeks as...
ARMY | BCMR | CY2002 | 2002076574C070215
The applicant requests that his enlistment contract be corrected to show that he enlisted in the Army for 5 years. The applicant states that his enlistment contract erroneously shows that he enlisted in the Army for 3 years. That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/3) of the individual concerned to show that he enlisted in the Regular Army for 5 years and 00 weeks instead of 3 years and 00 weeks as...
ARMY | BCMR | CY2002 | 2002076575C070215
The applicant requests that his enlistment contract be corrected to show that he enlisted in the Army for 3 years. The applicant states that his enlistment contract erroneously shows that he enlisted in the Army for 8 years. That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/3) of the individual concerned to show that he enlisted in the Regular Army for 3 years and 00 weeks instead of 8 years and 00 weeks as...
ARMY | BCMR | CY2002 | 2002076579C070215
COUNSEL CONTENDS : That on 11 June 2002 an administrative board recommended the applicant’s separation from the Army with a General Discharge. On 11 June 2002, the applicant appeared before an administrative separation board. The Board notes the applicant’s contention that the convening authority abused its discretion by not accepting the separation board’s recommendation to suspend his separation.
ARMY | BCMR | CY2002 | 2002076581C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. This official stated that since the applicant was issued the BNCOC certificate during his Reserve service, and not during any period of active duty service for which he was issued DD Form 214, the course would not be annotated on his DD Forms 214. The evidence of record clearly shows that the applicant completed the RC BNCOC while serving in the USAR and not during a...
ARMY | BCMR | CY2002 | 2002076582C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Additionally, the applicant requested, in a separate application to the Board, that "mentions of improper or delinquent behavior" related to an incident for which he was punished under Article 15 of the Uniform Code of Military Justice (UCMJ), be eliminated from his records and that his records be corrected to show that the punishment imposed by the UCMJ action was...
ARMY | BCMR | CY2002 | 2002076584C070215
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 | 2002076587C070215
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 Board reviewed the applicant's record of service which included four nonjudicial punishments, one special court-martial conviction, one summary court-martial conviction and 38 days lost.
ARMY | BCMR | CY2002 | 2002076588C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 9 February 2001, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 15-3b, due to his admission of homosexuality. Army Regulation 635-200 serves as the authority for the separation of enlisted personnel.
ARMY | BCMR | CY2002 | 2002076592C070215
The Member of Congress was further informed that the applicant could get out of the Army "based on an unfulfilled enlistment contract or he can choose to accept his enlistment without the BSSRB." In the processing of this case, a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Retention Management Division, which opined that the applicant had been improperly informed that he would receive a BSSRB because he was not eligible and did not meet the criteria...
ARMY | BCMR | CY2002 | 2002076594C070215
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: Unless she has a break in service of more than 1 day, her HOR will remain Sharon, PA.
ARMY | BCMR | CY2002 | 2002076595C070215
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. He completed the CHOAC on 5 November 1999 and on 7 December 1999, he was discharged from the USAR. The Board finds that the applicant was unjustly denied the opportunity to participate in the USAR while waiting for the administrative process to finally reach completion.
ARMY | BCMR | CY2002 | 2002076597C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He states that because his records were flagged he was precluded from enrolling in, and completing his officer advanced course, a requirement for promotion to major. He indicates that he successfully completed Phase 1 of the advanced course in June 2002 but was subsequently discharged as a result of being passed over twice for promotion to major.
ARMY | BCMR | CY2002 | 2002076598C070215
The FSM and the applicant married on 20 September 1997. DFAS has no record of the FSM ever enrolling in the SBP. It declared a 12-month Open Season for those members who retired prior to enactment of the law.
ARMY | BCMR | CY2002 | 2002076604C070215
She was honorably discharged form the U. S. Army Reserve on 24 April 1991. A general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge. That all of the Department of the Army records related to this case be corrected by showing that the applicant was separated from the service with an Honorable Discharge Certificate on 19 April 1976.
ARMY | BCMR | CY2002 | 2002076610C070215
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 submits a...
ARMY | BCMR | CY2002 | 2002076612C070215
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 records be corrected to show his birth name. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002076619C070215
The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be amended to add all awards that were issued to him (i.e., the Silver Star, the Expert Infantryman Badge, two Bronze Star Medals (BSMs) for valor, "Airborne Glider Assault Wings," the Parachutist Badge, the "Army Amphibious Badge," the European-African-Middle Eastern (EAME) Campaign Medal with 3 bronze service stars, the Army of Occupation Medal, and the French Legion of Merit). Department of the...
ARMY | BCMR | CY2002 | 2002076622C070215
Army Regulation 600-8-22 provides that the Good Conduct Medal (GCM) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This regulation further states that for award of the CIB, a soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate...
ARMY | BCMR | CY2002 | 2002076628C070215
PROCEEDINGS BOARD DATE: 19 SEPTEMBER 2002 DOCKET NUMBER: AR2002076628 Records available to the Board indicate the applicant was inducted and entered active duty on 15 September 1969. The evidence confirms the applicant was wounded on 1 May 1970 as a result of hostile action while in Vietnam and is entitled to an award of the Purple Heart.
ARMY | BCMR | CY2002 | 2002076629C070215
The evidence also indicates that the applicant was wounded on 25 February 1969, 15 March 1969, and 19 June 1969. As such, the Board concludes that the applicant's records should be corrected to reflect award of five Purple Hearts (25 February, 15 March, 23 March, 19 May, and 19 June 1969). The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 24 June 1970.
ARMY | BCMR | CY2002 | 2002076638C070215
The applicant’s submission is new evidence and/or argument that requires Board consideration. The evidence submitted by the applicant clearly shows that he was in fact entitled to receive SDAP, parachutist and combat diver pay during the period in question. That all of the Department of the Army records related to this case be corrected by showing that he individual concerned was entitled to receive SDAP, Parachutist and Dive Pay during the period of 1 May 2000 through 30 November 2000,...
ARMY | BCMR | CY2002 | 2002076641C070215
It indicated, in pertinent part, that to be eligible for retired pay, an individual need not have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and, (3) served the last 8-years of his or her qualifying service as a Reserve Component soldier. He was allowed two additional years to obtain one additional year of qualifying service until his transfer to the Retired Reserve effective 24...
ARMY | BCMR | CY2002 | 2002076645C070215
EVIDENCE OF RECORD : The applicant's military records show: On 9 June 1982, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, chapter 9, for alcohol and drug abuse rehabilitation failure. A review of the applicant’s records fails to show any indication that he was informed that his discharge would be upgraded 6 months after his discharge or that it was ever offered as a condition of his...
ARMY | BCMR | CY2002 | 2002076652C070215
An Army psychiatrist at the Fort Campbell US Army Hospital stipulated the applicant was medically qualified to return to duty, but also recommended he not be exposed to further combat and that he be restricted to assignments within the United States not involving basic combat training. On 27 January 1989, the VA found the applicant to be 100 percent disabled due to post-traumatic stress disorder (PTSD). In the processing of this case, a medical advisory opinion was obtained from the United...
ARMY | BCMR | CY2002 | 2002076655C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The FSM's and the applicant's daughter was born on 22 March 2002. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
ARMY | BCMR | CY2002 | 2002076659C070215
She also claims that the reason for her discharge entered on her DD Form 214, dated 17 November 2000, was Homosexual Admission, and this resulted in her being assigned a reentry (RE) code of RE-4. This document confirms that the applicant was discharged under the provisions of paragraph 5-3b, Army Regulation 635-200, by reason of Homosexual Admission, and that she was assigned the corresponding SPD and RE codes in accordance with the applicable regulations. In view of the facts of this...
ARMY | BCMR | CY2002 | 2002076662C070215
AR-PERSCOM at the time of the applicant’s separation did not have the authority to automatically transfer the soldier to the Retired Reserve without completion of the option letter. However, the Board also concludes that it is reasonable to believe that if the applicant received notification of being nonslected for promotion that he would have requested to be transferred to the Retired Reserve, with the continuation of his 12 remaining VSI payments. Although the applicant was properly...
ARMY | BCMR | CY2002 | 2002076664C070215
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. The applicant’s contentions regarding his discharge have been noted by the Board. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2002 | 2002076672C070215
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. Soldiers discharged for unfitness received undesirable discharges. His undesirable discharge and characterization of his service was appropriate and he has...
ARMY | BCMR | CY2002 | 2002076684C070215
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 | 2002076689C070215
Paragraph 2-15b provides that requests for reconsideration, which are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case will be considered only if the staff of the Board determines that substantial relevant new evidence shows fraud, mistake of law, mathematical miscalculation, manifest error, or that there is substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s...
ARMY | BCMR | CY2002 | 2002076696C070215
In the absence of evidence to explain either wounding, the Board will assume for purposes of correcting his records, that he was wounded on both 17 July and 8 August 1944, and award him a Purple Heart for each wound. Consequently, there is no basis for the Board to consider awarding him the POW Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart with 1 st Oak Leaf Cluster, for wounds...
ARMY | BCMR | CY2002 | 2002076697C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The evidence of record confirms that the applicant was credited with a total of 25 years and 1 day of military service for retired pay purposes in the AGPZ Form 977, the source document used for this purpose. In view of the facts of this case, the Board finds that the applicant was properly credited with all the military service he performed, and that his retired pay was...
ARMY | BCMR | CY2002 | 2002076698C070215
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. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds sustained as a result of hostile action in Vietnam. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly...
ARMY | BCMR | CY2002 | 2002076701C070215
He had served 1 year, 11 months and 11 days of total active service and was awarded the Combat Infantryman Badge, the National Defense Service Medal, the Republic of Vietnam Campaign Medal and the Vietnam Service Medal. A review of his records, to include his separation medical examination, fails to show that he was ever treated for any wounds or injuries incurred as a result of enemy action. That all of the Department of the Army records related to this case be corrected by awarding the...
ARMY | BCMR | CY2002 | 2002076702C070215
He also claims that the recurrent memories from the war were more than he could handle, and he was on strong pain medication for frequent headaches. On 5 October 1973, the Army Discharge Review Board (ADRB) reviewed the applicant’s case and after determining that his discharge was proper and equitable, it denied the applicant’s request for an upgrade to his discharge. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the...
ARMY | BCMR | CY2002 | 2002076717C070215
The applicant requests, in effect, that this military records be corrected to show that he was awarded the Bronze Star Medal (BSM) with Valor (“V”) Device and the Air Medal (AM); in addition to any other awards to which he is entitled based on his service in the Republic of Vietnam (RVN). The applicant states, in effect, that that his separation document (DD Form 214) does not show that he was awarded the BSM with “V” Device or the AM, and other awards he was entitled to based on his...
ARMY | BCMR | CY2002 | 2002076718C070215
The applicant requests correction of his records to show award of the Good Conduct Medal, the second award of the Air Medal based on his participation in 197 hours of combat air assaults, award of the Army Commendation Medal, an award of the Bronze Star Medal for valor, and award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Good Conduct Medal as an...
ARMY | BCMR | CY2002 | 2002076720C070215
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. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that one of the applicant's units in Vietnam was awarded the Valorous Unit Award during the period in which he was assigned. As such, the Board must presume that the...
ARMY | BCMR | CY2002 | 2002076721C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no record that the applicant ever submitted a request for review of his discharge by the Army Discharge Review Board within that board’s 15-year statute of limitations. The Board notes that the available evidence shows that the applicant voluntarily requested separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to...
ARMY | BCMR | CY2002 | 2002076722C070215
In effect, the applicant requests that her military records be corrected to show that she was retired under the provisions of 10 U.S.C., Section 12731a (Temporary special retirement qualification authority) so as to be eligible for Reserve retired pay at age 60. She was discharged from the Army Reserve upon her enlistment in the Regular Army for three years on 21 January 1980. That all of the Department of the Army records related to this case be corrected by showing that the applicant was...
ARMY | BCMR | CY2002 | 2002076725C070215
The applicant requests, in effect, that the Record of Proceedings Under Article 15, UCMJ (DA Form 2627), dated 23 December 1982, be removed from his Official Military Personnel File (OMPF). At the conclusion of the closed hearing, the unit commander elected to direct the filing of the original DA Form 2627 in the restricted portion (R-Fiche) of the applicant’s OMPF. It states, in pertinent part, that the decision whether to file a record of NJP on the performance fiche of a soldier's OMPF...
ARMY | BCMR | CY2002 | 2002076726C070215
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 available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. Therefore, he is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military...
ARMY | BCMR | CY2002 | 2002076729C070215
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 | 2002076730C070215
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 that:The applicant entered the ROTC program on 5 September 1974. The record contains no evidence that the applicant served with a Reserve unit while participating in the ROTC program.
ARMY | BCMR | CY2002 | 2002076732C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 1 December 1969, the applicant submitted an Application for Voluntary Retirement (DA Form 2339) requesting that he be REFRAD for the purpose of retirement on 30 November 1970, in the rank and pay grade of SSG/E-6. The evidence of record confirms that the highest rank and pay grade the applicant attained while serving on active duty was SSG/E-6.
ARMY | BCMR | CY2002 | 2002076736C070215
The applicant requests that his military records be corrected to reflect award of the Purple Heart and Bronze Star Medal. He also notes that he was awarded the Bronze Star Medal but it was never entered on his separation document. There were no medical records available to the Board.