ARMY | BCMR | CY2002 | 2002078214C070215
The Board considered the following evidence: On 11 July 1990, the Army Discharge Review Board considered the applicant’s case and it determined that his discharge was proper and equitable. 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 | 2002078216C070215
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. There is no evidence in the...
ARMY | BCMR | CY2002 | 2002078217C070215
There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. The fellow soldier stated that he heard the 716th Military Police had been attacked and that he subsequently ran across the applicant in the 93d Evacuation Hospital whereupon the applicant told him that he had been wounded by a Viet Cong hand grenade in the eye and arm. The applicant served in four campaigns in Vietnam; therefore, he is entitled to correction of his records to...
ARMY | BCMR | CY2002 | 2002078218C070215
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 states, in effect, that a correction to her record is required in order for her to receive credit for her military service toward seniority and retirement from her current employer, which is the Commonwealth of Pennsylvania. That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY2002 | 2002078221C070215
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: Orders Number 10-2, Headquarters, Presidio of San Francisco, California, dated 16 January 1978, shows that the applicant was separated from active duty on that date (16 January 1978).
ARMY | BCMR | CY2002 | 2002078222C070215
It shows his assignments and clearly indicates that he was assigned to perform duties in MOS 11D. The commander cited the bases for his recommendation were the applicant's AWOL offenses; his punishment record; and the fact that he was very unstable and he had many family problems. On 18 June 1985, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
ARMY | BCMR | CY2002 | 2002078227C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. As supporting evidence, he provides his two DD Forms 214 (Armed Forces of the Untied States Report of Transfer or Discharge); his Honorable Discharge Certificate, dated 30 May 1963; his notice of an Undesirable Discharge; his Undesirable Discharge Certificate, dated 11 June 1964; and seven character witness statements. A general discharge is a separation from the Army...
ARMY | BCMR | CY2002 | 2002078228C070215
The applicant’s military records show that he was inducted in the Army on 13 June 1967. There also is no evidence of record which shows he was recommended for additional awards of the Air Medal. Therefore, there is no basis for correcting his records to show the Presidential Unit Citation and the Meritorious Unit Commendation.
ARMY | BCMR | CY2002 | 2002078232C070215
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 in the applicant’s service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on...
ARMY | BCMR | CY2002 | 2002078234C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He states that he had a RE code of 1 prior to his discharge and was told that the RE code issued to him would not allow him to enlist in the United States Army Reserve (USAR). EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002078235C070215
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 17 May 1965 be corrected to show his Vietnam service, to add the "Vietnam Expeditionary Medal" plus the marksmanship qualification badges for the pistol .45 and the M-14 and M-16 rifles, and to show he attended the Radar Control Operator Course completed in 1962 and the Armed Forces Police School completed in 1964. Army Regulation 600-8-22 states that the...
ARMY | BCMR | CY2002 | 2002078236C070215
The applicant states that he was awarded the CIB while in Vietnam; however, there is no record of that award. He is entitled to award of the Vietnam Service Medal with three bronze service stars (one for each campaign). That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross Unit...
ARMY | BCMR | CY2002 | 2002078238C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: The applicant’s service medical records are not available.
ARMY | BCMR | CY2002 | 2002078239C070215
On 7 June 1970, a casualty message was dispatched which indicated that the applicant was not seriously wounded, that he was treated in the field, and that his vehicle detonated a hostile land mine. The evidence of record contains sufficient evidence to support the applicant’s contention that he was wounded in action against the enemy on 6 June 1970 and that he was treated for those wounds. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by...
ARMY | BCMR | CY2002 | 2002078241C070215
The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 23 August 1969. Although his records do contain two incidents of punishment under Article 15 of the Uniform Code of Military Justice, the Board contends that both actions were the result of minor disciplinary infractions and should not serve as a basis to deny him award of the Army Good Conduct Medal. That all of the Department of the Army records related to this case be corrected by awarding...
ARMY | BCMR | CY2002 | 2002078243C070215
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 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...
ARMY | BCMR | CY2002 | 2002078245C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge. On 29 September 1968, the applicant's counsel submitted a statement in which he indicated that he had counseled the applicant of the basis for his contemplated separation and its effect as well as his rights.
ARMY | BCMR | CY2002 | 2002078246C070215
The applicant's DD Form 214 does not show any Southwest Asia medals as authorized awards. His DD Form 214 does not show any dates of service in Southwest Asia. Based on the foregoing, the Board determined that the applicant is entitled to award of the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait and correction of his DD Form 214 to show that...
ARMY | BCMR | CY2002 | 2002078251C070215
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: These duties frequently included guard duty and base defense.
ARMY | BCMR | CY2002 | 2002078255C070215
The purchase of clothing was because a lot of people in his unit and other people were basically making fun of the clothing he had worn from back home. He acknowledges the seriousness of his crime and believes that his age, military record and the circumstances surrounding his bad checks warrants suspension of the bad conduct discharge, to allow him another chance in the military. There is no indication in the applicant’s records that he applied to the Army Discharge Review Board for an...
ARMY | BCMR | CY2002 | 2002078256C070215
Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm...
ARMY | BCMR | CY2002 | 2002078262C070215
The 11 th ACR was not listed as a unit that supported the operations of that unit. Although the applicant was assigned to a unit that guarded the Czech border in West Germany, his unit was far removed from Berlin, the only area in West Germany that was authorized to receive the AFEM for service in the Berlin area. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2002 | 2002078263C070215
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. NEW EVIDENCE OR INFORMATION...
ARMY | BCMR | CY2002 | 2002078267C070215
The applicant requests that his 27 April 1967 DD Form 214 (Report of Transfer or Discharge) be corrected to show an honorable characterization of service. The applicant states that his DD Form 214 does not indicate an honorable discharge. The applicant’s service was honorable as evidenced by his records, to include the award of the Army Good Conduct Medal.
ARMY | BCMR | CY2002 | 2002078273C070215
The Board notes that the applicant’s recommendation for award of the Silver Star was properly processed to conclusion and there was no evidence any error or injustice which would warrant award of the decoration by this Board. In the absence of more conclusive evidence, and based on the fact that the applicant authenticated his separation document and final pay vouchers as a private first class, the Board concludes there is insufficient evidence to warrant correcting the applicant’s record...
ARMY | BCMR | CY2002 | 2002078277C070215
The applicant requests that his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) for the period ending 31 October 1972 be corrected to show that his branch in Item 4 (Department, Component, and Branch or Class) as Infantry and not Armor; that he was awarded the Purple Heart with two oak leaf clusters (PH/2OLC) in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized); and that Item 30 (Remarks) reflect that...
ARMY | BCMR | CY2002 | 2002078283C070215
The prosecution presented evidence showing that the two Vietnamese youths were in a tent talking with two American soldiers, Private First Class (PFC) P____ and PFC J____ when the applicant came in to get his gear. • A family friend writes that she has known the applicant for 25 years. The applicant is always available to help anyone who needs help.
ARMY | BCMR | CY2002 | 2002078288C070215
The regulation provides that in order to be qualified for promotion to major an individual must have completed 7 years of time in grade as a captain and an officer advanced course on or before the convening date of the respective promotion board. 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(s), it is concluded: The evidence of record clearly...
ARMY | BCMR | CY2002 | 2002078291C070215
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, this statement, is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded. The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to the Purple Heart.
ARMY | BCMR | CY2002 | 2002078301C070215
The applicant states that the Reserve Officer Personnel Management Act (ROPMA) under the United States Code, Title 10, Section 14304 requires that an officer recommended for promotion by a selection board the first time the officer is considered for promotion while in or above the promotion zone and who is placed on an approved promotion list be promoted not later than their maximum time in grade for their present grade. The opinion points out that the applicant was considered for promotion...
ARMY | BCMR | CY2002 | 2002078303C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The advisory opinion was provided to the applicant for comment and the applicant responded to the effect that after 6 ½ years of hard and successful work as a captain, a group of senior Army officers evaluated his records and determined that he had developed enough to progress to the rank of major and that the dates he returned to active duty should not be the issue in...
ARMY | BCMR | CY2002 | 2002078316C070215
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. EVIDENCE OF RECORD : The applicant's military records show: Chapter 3, Section IV, establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial;...
ARMY | BCMR | CY2002 | 2002078319C070215
On 20 November 1991, the applicant's commander submitted a DA Form 4187 (Personnel Action) recommending the applicant be separated under the provisions of chapter 13, Army Regulation 635-200, due to the failure of two consecutive APFT's on 30 October and 15 November 1991. The DD Form 214 shows no lost time.Pertinent Army regulations (AR) 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...
ARMY | BCMR | CY2002 | 2002078322C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : He states that, at the time of the discharge, he was young and having family problems. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002078323C070215
In support of his application he submits statements from the company executive officer (a Retired colonel) and two former members of his unit who were present when he was wounded and a copy of the orders awarding him the Combat Infantryman Badge (CIB). Accordingly, the Board must presume that given the circumstances surrounding the attack, the large number of soldiers killed and wounded and the confusion that followed thereafter, that because the applicant was returned to duty after medical...
ARMY | BCMR | CY2002 | 2002078326C070215
The Bronze Star Medal citation provided by the applicant shows that he was awarded the Bronze Star Medal for heroic achievement in action on 28 March 1945, in Germany. What is known however, is that the citation awarding him the Bronze Star Medal for heroic achievement specifically mentions that he suffered a concussion injury as a result of enemy artillery fire and thereby satisfies the regulatory requirement for award of the Purple Heart, i.e. he was wounded in combat as a result of...
ARMY | BCMR | CY2002 | 2002078328C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge. He was advanced to the pay grade of E-3 on 30 August 1965 and on 4 June 1966, he was transferred to Fort Bragg, North Carolina.
ARMY | BCMR | CY2002 | 2002078329C070215
The applicant provided a DVA Rating Decision, dated 14 May 2002, which shows that service connection was granted for residuals of frostbite to his right foot with below knee amputation. Further, this DVA rating states "service discharge examination of 1-21-52 showed a normal examination of the lower extremities" and that "there are no medical records showing frostbite in service or following service discharge." Therefore, he is entitled to award of the United Nations Service Medal and...
ARMY | BCMR | CY2002 | 2002078340C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Inasmuch as the applicant attended most of his law school while serving on active duty with the Air Force, he cannot receive constructive service credit for both his years of active service and all of his law school. Accordingly, the applicant has failed to show through the evidence submitted with his application and the evidence of record that the constructive credit he...
ARMY | BCMR | CY2002 | 2002078347C070215
He states that he believes that this Board has the authority to correct the errors in his trial record pursuant to the clemency authority it is granted on behalf of the Secretary of the Army in Title 10 of the Untied States Code, section 1552 (10 USC 1552). EVIDENCE OF RECORD : The applicant's military records show: Unlike other boards, this Board’s authority in clemency is not a form of appellate review of the clemency authority of the Army Clemency and Parole Board.
ARMY | BCMR | CY2002 | 2002078353C070215
In support of his request, the applicant submits a copy of ROS Number 352-01-XXX, dated 7 January 2001, and supporting documents; a Memorandum, Request for Reconsideration, dated 24 August 2001; a memorandum written by his legal representative in support of his request for reconsideration, dated 27 August 2001; memoranda, Hand Receipts, and Requests for Issue or Turn-In. During the applicant's command time, he had four supply sergeants. The applicant's circumstances involved a number of...
ARMY | BCMR | CY2002 | 2002078359C070215
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. Although there is no evidence in the available records to verify that the applicant was assigned to Company L, 7 th Regiment, 3 rd Infantry Division, other evidence in the Proceedings of the Board’s 26 February 1997 review does show that he was a gunner, MOS 603, and that he participated in an assault landing...
ARMY | BCMR | CY2002 | 2002078364C070215
He also requests correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 11 March 1971 to show award of the Distinguished Flying Cross, the Air Medal (Second Award) with "V" Device and the Bronze Star Medal based on award of the Combat Infantryman Badge that he earned during the Vietnam War. The applicant states, in effect, that he is entitled to the Air Medal (Second Award) with "V" Device and the Bronze Star Medal that was issued to all combat...
ARMY | BCMR | CY2002 | 2002078372C070215
The applicant requests, in effect, that Item 9 (Date of Birth) and Item 10c (Date Inducted) of his separation document (DD Form 214) be corrected; and that the advanced individual training (AIT) and basic airborne courses he completed be added to Item 25 (Education and Training Completed) of his DD Form 214. The applicant states, in effect, that his induction date was erroneously entered in Item 9 (Date of Birth) and his date of birth (DOB) was incorrectly entered in Item 10c (Date...
ARMY | BCMR | CY2002 | 2002078375C070215
Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB. Although the evidence of record does show that the applicant was an infantry second lieutenant while assigned to an infantry unit in Vietnam, there is no evidence to show that he met the criteria for award of the CIB. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation,...
ARMY | BCMR | CY2002 | 2002078377C070215
The applicant’s service personnel records contain 25th Infantry Division General Orders Number 1021, dated 11 September 1966, which show the applicant was awarded the Purple Heart for wounds received in action on 14 July 1966 in Vietnam. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. b. by showing the entries, “Purple...
ARMY | BCMR | CY2002 | 2002078402C070215
Army Regulation 600-4 provides instructions for submitting and processing applications for remission or cancellation of indebtedness to the United States Army. Further, if a soldier decides to submit an application for remission/cancellation of indebtedness and properly notifies unit and finance officials, the debt collection process should be suspended until a final decision is made on the application. In the opinion of the Board, the applicant’s record should be corrected to show that...
ARMY | BCMR | CY2002 | 2002078412C070215
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. 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 as a result of hostile action during World War II.
ARMY | BCMR | CY2002 | 2002078415C070215
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 ADRB denied his request for an upgrade of his discharge on 28 August 2002.
ARMY | BCMR | CY2002 | 2002078420C070215
APPLICANT STATES : In effect, that he was unjustly barred from reenlistment and denied an opportunity to extend or reenlist on active duty. Army Regulation 600-8-10 serves as the authority governing military absences. The available evidence clearly shows that the applicant was granted permissive TDY and indicates at the time that the applicant had not decided to reenlist by the time he reached the 3-month mark, when a decision was required by the applicant.