ARMY | BCMR | CY2002 | 2002076750C070215
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 two special court-martial convictions and 384 days lost.
ARMY | BCMR | CY2002 | 2002076765C070215
The applicant requests, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show that he qualified to operate multiple military vehicles and that he qualified as a sharpshooter with the carbine. Although the applicant’s record shows that he qualified to operate eight different types of vehicles, there is no evidence that he was granted either an MOS of motor vehicle operator or that he met the requirements for award of the Driver and Mechanic Badge. That all...
ARMY | BCMR | CY2002 | 2002076768C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his military records be corrected to show that he was awarded the Purple Heart. The applicant's records contain no evidence, nor does the applicant provide any evidence, eyewitness statements or other documentation, which supports his contention that he is entitled to or was awarded the Purple Heart.
ARMY | BCMR | CY2002 | 2002076770C070215
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 Regulation 601-210 serves as the authority for the issuance of RE codes.
ARMY | BCMR | CY2002 | 2002076771C070215
The applicant's DD Form 214, item 11 shows he held MOS 71L for 6 years and 2 months; item 12b shows he separated on 31 March 2000; item 12c shows he completed 6 years, 5 months, and 19 days of active service; item 12f shows he completed 3 years, 4 months, and 8 days of foreign service; item 13 shows he was awarded the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Army Lapel Button; item 14 shows he completed no military education; and item 17...
ARMY | BCMR | CY2002 | 2002076772C070215
The applicant requests, in effect, that the records of her deceased former spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for former spouse coverage. On 10 August 1992, he completed a Survivor Benefit Plan Election Certificate, DD Form 1883, and elected to participate in the RCSBP for spouse only coverage, full base amount, option C. He named the applicant as his spouse and indicated they were...
ARMY | BCMR | CY2002 | 2002076773C070215
The applicant’s military records show that he initially enlisted in the Regular Army on 15 January 1981 and served as a helicopter repairman until he was honorably released from active duty in the pay grade of E-4 on 12 January 1984. The applicant appeared before the PEB with counsel on 13 April 1999 and was granted a 30% disability rating and placement on the Temporary Disability Retired List (TDRL). In regards to the applicant’s request to receive a retirement award of the MSM, the...
ARMY | BCMR | CY2002 | 2002076774C070215
He states that he requested a discharge for the good of the service because of problems within his family. He was pro-Army all the way right up to his discharge. 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 prescribed by law.
ARMY | BCMR | CY2002 | 2002076776C070215
He had served 2 years of total active service and was awarded the Vietnam Service Medal (VSM) with four bronze service stars, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, and the Army Commendation Medal. The applicant has failed to show through the evidence submitted with his application or the evidence of record that he was wounded/injured in action against the enemy and that the treatment he received was made a matter of record. Accordingly, the Board has...
ARMY | BCMR | CY2002 | 2002076777C070215
Records available to the Board indicate the applicant the applicant entered active duty on 19 June 1968. The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. The Board accepts the applicant 25 July 1969 medical treatment record as evidence that he was wounded as a result of hostile action and as such concludes that it would be appropriate to confirm his...
ARMY | BCMR | CY2002 | 2002076778C070215
Generally, an action is an inappropriate subject for resolution under Article 138 procedures when one of the following conditions apply: review is provided specifically by the UCMJ or the action is otherwise reviewable by a court authorized by the UCMJ or by a military judge or military magistrate; action is taken pursuant to the recommendation of a board authorized by Army regulation at which the complainant was afforded substantially the rights of a respondent; or if Army regulations...
ARMY | BCMR | CY2002 | 2002076779C070215
During the obligated period of service, the soldier will not apply for voluntary nondisability retirement unless the soldier is (a) eligible for retirement by completion 30 years or more active Federal service and (b) already eligible through prior service for a higher grade at retirement and (c) over 58 years of age. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and...
ARMY | BCMR | CY2002 | 2002076780C070215
The applicant requests correction of his military records to show award of the Combat Infantryman Badge. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. Evidence of record shows the applicant served in an infantry MOS in an infantry company in combat in Vietnam.
ARMY | BCMR | CY2002 | 2002076782C070215
His notification of eligibility for retired pay at age 60 (his 20-year letter) is not available but he apparently did not enroll in the Reserve Component SBP (RCSBP) at that time. Since DFAS did not receive his request until after the one-year period required by law had passed, DFAS denied his request. That all of the Department of the Army records related to this case be corrected by showing that DFAS received the applicant's 25 January 1998 request to enroll in the SBP for spouse...
ARMY | BCMR | CY2002 | 2002076783C070215
The applicant was honorably released from active duty on 23 June 1971 after completing 2 years of creditable active service with no lost time. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. As a prior service member, he should have been aware that there were administrative remedies he could have sought, such as requesting a hardship discharge, to...
ARMY | BCMR | CY2002 | 2002076786C070215
APPLICANT REQUESTS: That his records be corrected to show that he enlisted as prior service in the Regular Army in pay grade E-5. On the date the applicant submitted his request, he was serving on active duty in pay grade E-4. The applicant's contention that his inability to be granted a PLDC waiver prior to his enlistment in the Regular Army had a bearing on the grade he enlisted has not been established with either the documentation submitted by the applicant or the evidence of record.
ARMY | BCMR | CY2002 | 2002076787C070215
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was awarded the Purple Heart. 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. The evidence of record shows that the applicant was wounded in action on 10 April 1952 while serving in Korea.
ARMY | BCMR | CY2002 | 2002076789C070215
On 18 September 1968, the applicant’s commander submitted a request to have the applicant rehabilitatively transferred to another unit. The applicant’s commander initiated a recommendation to discharge the applicant from the service for unsuitability due to a character and behavior disorder, under the provisions of Army Regulation 635-212, on 30 April 1969. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was...
ARMY | BCMR | CY2002 | 2002076790C070215
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. On 25 March 1982, the Army Discharge Review Board, in an unanimous opinion, denied the applicant’s request to upgrade his discharge. There is no evidence, nor...
ARMY | BCMR | CY2002 | 2002076791C070215
He also requests that his records be corrected to show his middle name as “_ _ler”, to show his height as “5 feet and 11 inches” and to show his weight as “135.” Army Regulation 600-8-22 (Military Awards) 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. Evidence available to the Board shows the applicant’s middle name as “_ _ ler.” However, at the...
ARMY | BCMR | CY2002 | 2002076798C070215
On 24 February 1969, he went AWOL and he remained in an AWOL status until he returned to military control at Fort Hood on 6 March 1969. On 30 November 1972, the applicant's chain of command denied his request for separation for the good of the service and indicated that he should be tried by a court-martial authorized to direct a bad conduct discharge. On the same date, the applicant was separated under the provisions of chapter 10, Army Regulation 635-200 with a UD.
ARMY | BCMR | CY2002 | 2002076813C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 25 August 1981, he was separated with a UOTHC discharge under the provisions of chapter 10, Army Regulation 635-200. Although an honorable or a general discharge is authorized, a UOTHC discharge is normally considered appropriate.
ARMY | BCMR | CY2002 | 2002076814C070215
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. He states he was discharged for "being a good soldier."
ARMY | BCMR | CY2002 | 2002076820C070215
On 29 November 1984, the applicant's commander formally recommended his separation under the provisions of Army Regulation 635-200, chapter 13. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Army Regulation 635-200 states that issuance of an honorable discharge certificate is predicated upon proper military behavior and proficient performance of duty during the member’s current enlistment with due consideration for the member’s age, length...
ARMY | BCMR | CY2002 | 2002076830C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 7 July 1969, the applicant was separated from active duty with an UD under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial. Further, the Board finds that an UD was normally considered appropriate for members separating under the provisions of chapter 10, Army Regulation 635-200, and it further...
ARMY | BCMR | CY2002 | 2002076831C070215
In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is 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 unit award to his DD Form 214. That all of the Department of the Army records be corrected by awarding the individual...
ARMY | BCMR | CY2002 | 2002076832C070215
The evidence in this case clearly shows that the applicant was granted an advance of housing allowances to move off-post during his assignment to Korea in order to pay security deposits. As a result, the applicant did not receive his security deposit or unused rent back, yet is being held responsible for re-paying the government for his first advance of housing allowances. Accordingly, the Board finds that when the Army directed the applicant to move and authorized him a second advance of...
ARMY | BCMR | CY2002 | 2002076834C070215
The following additional findings, conclusions, and recommendation were adopted by the Board. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below. That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the Proceedings, dated 14 May 2002, to show the applicant was awarded the Republic of Vietnam Civil
ARMY | BCMR | CY2002 | 2002076835C070215
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 | 2002076842C070215
Army Regulation 600-8-1, paragraph 41-8 states, that the term Existing Prior to Service (EPTS) is added to a medical diagnosis when there is substantial evidence that the disease or injury, or underlying condition, existed before military service, or it happened between periods of active service. If the applicant had been diagnosed as having the brain tumor while he was still on active duty, he would have been given the option to remain on active duty in accordance with Army Regulation...
ARMY | BCMR | CY2002 | 2002076846C070215
The applicant submits a volume of clinical records, which record his medical condition from 4 June 2002 to the present. The applicant also submits a letter from his hematologist/oncologist who states that it is his professional opinion that the applicant’s lymphadenopathy had developed in early June 2002. c. showing that he was released from active duty on 15 June 2002 by reason of physical disability rated 100 percent disabled in accordance with the VASRD 7703; and that, effective 16 June...
ARMY | BCMR | CY2002 | 2002076857C070215
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 : The...
ARMY | BCMR | CY2002 | 2002076889C070215
There is no evidence in existing service medical documents, personnel service records, or casualty or unit files, which confirms the applicant was wounded as a result of hostile action while in Vietnam. The Board does note, however, that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 1 September 1969. The Board also notes that the "V" device was omitted from the Army Commendation Medal recorded on the applicant's separation document and...
ARMY | BCMR | CY2002 | 2002076891C070215
The applicant continued her service in the Army Reserve until she was ordered to active duty in 2000. They were further amended on 22 July 2002 to show an active duty commitment of 2 years and 5 days with an ending date of 5 August 2002. b. she entered on active duty on 1 August 2000, was separated from active duty on 5 August 2002, and had 2 years, 0 months, and 5 days of net active service; and
ARMY | BCMR | CY2002 | 2002076899C070215
The applicant’s military records show that he requested retirement on 27 January 2000. Records at the Defense Finance and Accounting Service (DFAS) show the applicant was charged with ordinary leave from 1 through 3 August, ordinary leave from 9 through 17 (not 18) August, ordinary leave from 28 through 29 August, and terminal leave from 2 through 30 September 2000. That all of the Department of the Army records related to this case be corrected by showing the applicant was on permissive...
ARMY | BCMR | CY2002 | 2002076902C070215
The applicant requests, in effect, that his military records be corrected to show award of the Bronze Star Medal (BSM). Lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his active duty unit commanders, the Board concludes that the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM. That all of the Department of the Army records related to this case for the...
ARMY | BCMR | CY2002 | 2002076910C070215
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 she be given an $8,000.00 enlistment bonus. Since it is apparent that the applicant would have waited another day to enlist to receive the higher bonus amount, it would be appropriate to correct her records to show she enlisted on 1 April 2000.
ARMY | BCMR | CY2002 | 2002076917C070215
EVIDENCE OF RECORD : The applicant's military records show: On 13 December 1982, the applicant's commander initiated separation action on the applicant under the provisions of Army Regulation 635-200, chapter 9 for alcohol abuse rehabilitation failure. On 11 January 1983, the applicant was discharged with a general discharge, in pay grade E-5, under the provisions of Army Regulation 635-200, chapter 9 for alcohol abuse - rehabilitation failure.
ARMY | BCMR | CY2002 | 2002076919C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS : Reconsideration of her request that the records of her spouse, a deceased former service member, be corrected to reflect award of the Purple Heart. The telegram is not dated.
ARMY | BCMR | CY2002 | 2002076920C070215
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. A review of his records fails to show his record of assignments in Vietnam and also fails to show any courses attended in Vietnam.
ARMY | BCMR | CY2002 | 2002076921C070215
The Army Board for Correction of Military Records (AC95-11710) finalized their action on the applicant's April 1993 application on 21 February 1996 noting, as part of their action, that the applicant's transfer to the Retired Reserve was void and of no force or effect, that he was credited with qualifying service for Reserve retirement for his retirement years, from the date of his voided transfer to the Retired Reserve to the date he returned to the active Reserve. The Board believes that...
ARMY | BCMR | CY2002 | 2002076923C070215
In support of the applicant’s request, counsel submits a copy of the applicant’s October 2000 medical examination, documents associated with his disability processing, extracts from the applicant’s service medical treatment records which detail treatment for his migraine headaches, and copies of a July 2000 permanent physical profile based on his hepatitis and bilateral hearing loss and a March 1999 temporary profile based on his migraine headaches. The applicant’s formal PEB convened on 20...
ARMY | BCMR | CY2002 | 2002076925C070215
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 Board concludes that the fact that four soldiers, from the applicant’s unit, were wounded and sent to an evacuation hospital, taken with the applicant’s medical records, showing surgical treatment on the same date, that the evidence supports the applicant’s contention that he was wounded as a result of...
ARMY | BCMR | CY2002 | 2002076932C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Among other requirements, the individual must have less than 14 years of total military service, must not have previously been paid a bonus for enlistment, reenlistment, or extension of an enlistment in any Reserve Component of the Armed Forces, and must have been out of the military service for at least 12 months if previously discharged from the Army National Guard or...
ARMY | BCMR | CY2002 | 2002076935C070215
EVIDENCE OF RECORD : The applicant's military records show: 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. These medical records fail to show that the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.
ARMY | BCMR | CY2002 | 2002076942C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In the absence of evidence to the contrary, it must be presumed that the applicant was properly briefed on his options regarding severance pay in accordance with the applicable regulations prior to his election and separation. The Board has noted the applicant's contentions regarding his having to pay back his severance pay to the VA before he can receive VA benefits.
ARMY | BCMR | CY2002 | 2002076946C070215
The applicant requests, in effect, reconsideration of his earlier appeal to correct his military records by awarding him the Presidential Unit Citation, the Meritorious Unit Commendation, and the Purple Heart. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Register) shows that 1st Battalion, 120th Infantry, 30th Infantry Division was awarded Distinguished Unit Citation for the period 8 through 12 October 1944 by War Department General Order Number 11, dated 1946. That...
ARMY | BCMR | CY2002 | 2002076947C070215
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. In the absence of evidence of any error or injustice there is no basis for the Board to grant relief in this case. The applicant has not presented and the...
ARMY | BCMR | CY2002 | 2002076948C070215
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: The evidence clearly shows the applicant was awarded MOS 73C on 31 August 1995 and was separated on 4 December 1995.
ARMY | BCMR | CY2002 | 2002076951C070215
In April 2002, the applicant requested to be continued on active duty. The Board notes the applicant's and his counsel's contentions that he should have been rated at least 50 percent; however, there is no evidence to show that the USAPDA rated the applicant incorrectly or that the rating was based on Doctor A___'s alleged complaints (for which no evidence is provided) about the applicant's "disrespect." The Board notes counsel's contention that VASRD code 5292 provides for a 20 percent...