ARMY | BCMR | CY2002 | 2002078900C070215
EVIDENCE OF RECORD : The applicant's military records show: On 26 February 1970, the applicant was discharged accordingly. The separation document (DD Form 214) that was issued to the applicant on the date of his discharge, 26 February 1970, shows that he received an UD under the provisions of Army Regulation 635-206 for unfitness, by reason of civil conviction.
ARMY | BCMR | CY2002 | 2002078901C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Promotion Orders 205-7, issued by the Department of the Army, U.S. Total Army Personnel Command (PERSCOM), dated 29 November 1989, authorized the applicant’s promotion to MSG/E-8 with an effective date of 1 January 1990. The evidence of record confirms that the applicant’s voluntary retirement request was approved in April 1989, eight months prior to the effective date of...
ARMY | BCMR | CY2002 | 2002078903C070215
The letters of support submitted by the applicant chronicle his initial duty performance during the rating period, his declining performance as a soldier, and his duty performance subsequent to being relieved of his duties as a drill sergeant. Finally, the letters of support attest to the future potential of the applicant to serve in the Army, and favorable consideration of the applicant’s case is requested. In addition, the applicant has failed to show, through the evidence submitted or...
ARMY | BCMR | CY2002 | 2002078907C070215
The applicant’s military records show that while serving on active duty at Fort Benning, Georgia, on 16 February 1993, the applicant signed a USAR enlistment contract committing him to three years of service in the USAR after his release from active duty (REFRAD). This opinion stated that the applicant was honorably discharged from the USAR because the record transferred from the Regular Army did not contain his IRR enlistment contract of 16 February 1993. The evidence of record confirms...
ARMY | BCMR | CY2002 | 2002078908C070215
Orders Number 286-0003, dated 13 October 1998, issued by U.S. Army Garrison, Fort Belvoir, shows that the applicant was credited with 22 years, 3 months, and 23 days of active military service for retirement purposes and 23 years, 3 months, and 2 days of service for basic pay purposes. Notwithstanding the errors contained in the service dates and periods recorded in both the applicant’s DD Forms 214, the evidence of record confirms that his BASD was 29 May 1976, and that he completed a...
ARMY | BCMR | CY2002 | 2002078911C070215
• The applicant's condition was diagnosed as chronic low back pain and radicular type symptoms in the lower extremities, secondary to degenerative disc disease, L4-5 and L5-S1; stress urinary incontinence but no evidence of a neurogenic bladder; fecal incontinence with normal rectal examination and anorectal manometry; mild to moderate hearing loss both ears; and mild Dupuytren's contracture, left palm, with no significant loss of motion. In a 24 January 2002 memorandum to the applicant,...
ARMY | BCMR | CY2002 | 2002078913C070215
The applicant’s DD Form 214 shows the Korean Service Medal as an authorized award. 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 applicant received the Korean Service Medal; therefore, he is entitled to correction of his DD Form 214 to show award of the United Nations Service Medal.
ARMY | BCMR | CY2002 | 2002078915C070215
In accordance with Title 10, United States Code, Section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to change a discharge due to matters which should have been raised in the appellate process. The evidence of record clearly shows that the applicant was adjudged guilty by court-martial and that the convening authority approved the sentence. The Board finds no reason to grant clemency in this case.
ARMY | BCMR | CY2002 | 2002078916C070215
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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant's assignment to the 523rd Transportation Company, it was cited for award of the Meritorious Unit...
ARMY | BCMR | CY2002 | 2002078928C070215
Furthermore, there is no prohibition against calculating ORC service on a "year for year" basis since the 10 May 2001 advisory opinion by the U.S. Total Army Personnel Command (PERSCOM) in Docket Number AR2001056085, dated 27 September 2001, was silent on the applicant's service in the ORC and did not state that " year for year ORC was specifically excluded by statute." Evidence of record shows that the applicant received credit for attendance at only 38 drill periods and 15 days of annual...
ARMY | BCMR | CY2002 | 2002078934C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That he be reinstated into the US Army Reserve (USAR) as a first lieutenant (1LT/0-2) or that he be discharged as a 1LT/0-2. The applicant's records also show that he had requested appointment in the MIARNG in April 1988.
ARMY | BCMR | CY2002 | 2002078943C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant submitted a copy of his DD Form 214, his discharge orders from the U.S. Army Reserve (USAR) and his Honorable Discharge Certificate. The regulation directed that individuals who were ordered to active duty or called to active duty from Reserve Component, the entry "other" would be checked and the appropriate entry; "Ordered from ARNGUS or USAR", "Called from...
ARMY | BCMR | CY2002 | 2002078955C070215
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 notes the applicant’s contention that the impact JSAM and JSCM he received while serving in Grenada in support of Operation Urgent Fury were erroneously not included in his military record, and it finds this claim has merit. Although the awards in question were not recorded in the applicant’s record,...
ARMY | BCMR | CY2002 | 2002079012C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. However, at the time of the applicant's...
ARMY | BCMR | CY2002 | 2002079020C070215
There are no flight hours recorded in the applicant’s service personnel records. There is no evidence of record available to the Board which shows the applicant was recommended for, awarded, or otherwise qualified for award of the Air Medal. 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.
ARMY | BCMR | CY2002 | 2002079028C070215
There is no evidence the applicant received the first award of the Good Conduct Medal. However, evidence of record shows the applicant received two awards of the Air Medal. b. by adding the entries, “Air Medal with Numeral “2”, “Aircraft Crewman Badge”, “Vietnam Service Medal with three bronze service stars”, “Good Conduct Medal”, “Republic of Vietnam Gallantry Cross with Palm Unit Citation” and “Republic of Vietnam Campaign Medal” in item 26 on his DD Form 214.
ARMY | BCMR | CY2002 | 2002079029C070215
The applicant states, in effect, that he had satisfactorily served in an enlisted status in a rank and pay grade that would entitle him to a more favorable rate of retired pay than the retired pay he now receives based on his satisfactory service as a WO1, which is the highest rank he held. However, it concludes that denying the applicant retired pay based on the formula most favorable to him based on his satisfactory service as a MSG/E-8 would clearly violate 10 USC 1401 if it resulted in...
ARMY | BCMR | CY2002 | 2002079031C070215
However, there is no evidence in the applicant's service personnel records which shows the applicant was awarded an infantry MOS. However, there is no evidence of record available to the Board which shows the applicant was awarded an infantry MOS. Further, this Board also determined, after review of all the evidence in this case, that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2002 | 2002079037C070215
He appealed the NCOER and on 28 January 2002, the DA Enlisted Special Review Board (ESRB) granted a partial appeal and modified the report by removing the senior rater portion of the report. 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: In the opinion of the Board, the facts outlined in the ARPERSCOM advisory opinion, coupled with the applicant’s...
ARMY | BCMR | CY2002 | 2002079039C070215
The applicant, as the legal representative of a retired service member, requests that her husband's records be corrected to show award of the Army Commendation Medal. The retired service member's personnel records contain three discharge documents. The retired service member's DD Form 214, with an effective date of 31 May 1964, does not show any foreign service.
ARMY | BCMR | CY2002 | 2002079044C070215
APPLICANT REQUESTS: Correction of item 12g (Sea Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two days of sea duty for being on board the U.S.S. He states that the Joint Meritorious Unit Award and the Humanitarian Service Medal had not been approved when he was discharged from active duty. There is no evidence of record available to the Board which shows the applicant was awarded the Humanitarian Service Medal for service in Haiti.
ARMY | BCMR | CY2002 | 2002079047C070215
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: Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by...
ARMY | BCMR | CY2002 | 2002079059C070215
The MEB summary, however, is silent regarding any other medical conditions, beyond the applicant’s hearing loss and wrist condition. While the VA may have determined that there was sufficient evidence available to them to provide a disability rating for the applicant’s nervous condition, there is no evidence in the applicant’s military file, which indicates that condition impacted on his ability to perform his military duties. While the VA is permitted to render a finding of service...
ARMY | BCMR | CY2002 | 2002079062C070215
However, a sergeant and members of her chain of command who were not present at the accident made statements to medical personnel that she had attempted suicide before she ever arrived at the emergency room. The separation packet submitted by the applicant in this request for reconsideration confirms that on 12 June 2001, her unit commander notified her that separation action was being initiated against her for a physical or mental condition, not a disability. The separation packet...
ARMY | BCMR | CY2002 | 2002079068C070215
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. DETERMINATION : The subject...
ARMY | BCMR | CY2002 | 2002079072C070215
The applicant requests reconsideration of his earlier appeal to have his discharge voided and that he be transferred to the Retired Reserve with entitlement to prior and future Voluntary Separation Incentive (VSI) payments. She indicated that after her separation from the applicant in December 1999, she was responsible for forwarding the applicant's mail to his new address. VSI annual payments will be discontinued if the member is separated from the Ready Reserve unless the individual...
ARMY | BCMR | CY2002 | 2002079077C070215
APPLICANT REQUESTS: In effect, that he be advanced on the Retired List to the rank and pay grade of chief warrant officer three/W-3 (CW3/W-3). He served on active duty in an enlisted status for 9 years, 1 month, and 13 days, from 26 May 1972 to 9 July 1981, at which time he was honorably discharged, in the rank and pay grade of staff sergeant/E-6 (SSG/E-6), in order to accept a warrant officer appointment. The evidence of record reveals that the applicant was placed on the Retired List in...
ARMY | BCMR | CY2002 | 2002079078C070215
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. On 24 January 1984, the...
ARMY | BCMR | CY2002 | 2002079082C070215
His orders were modified following his surgery and again following his convalescent leave to show a reporting date of 27 April 2001. He opined that the applicant had made a good faith effort to comply with conflicting information given him and requested that the applicant’s records be corrected to show the applicant as present for duty as of 30 April 2001 and in a leave status through 2 May 2001. Therefore, the Board concludes that it is in the interest of justice to correct the...
ARMY | BCMR | CY2002 | 2002079100C070215
EVIDENCE OF RECORD : The applicant's military records show: However, it finds insufficient evidence to show that the SSAN recorded in his military records was in error at the time he served. In this case, the applicant has provided no evidence to suggest that the SSAN listed in his records was in error while he was performing his military service, or that maintaining this SSAN in his records would cause him any injustice.
ARMY | BCMR | CY2002 | 2002079107C070215
The applicant requests, as the brother of a deceased former service member (FSM), that his late brother's military records be corrected to show award of the Philippine Defense Medal in lieu of the Philippine Liberation Medal. The Board considered the applicant's request that the FSM be awarded the Philippine Defense Medal in lieu of the Philippine Liberation Medal. Evidence of record shows the FSM was a prisoner of war.
ARMY | BCMR | CY2002 | 2002079110C070215
The applicant states, in effect, that his military records should be corrected to show award of the Bronze Star Medal (based on award of the Combat Medical Badge). The Board noted the applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards) prepared by the Army Reserve Personnel Center in St. Louis, Missouri, dated 20 February 1990, which shows that he was issued a Bronze Star Medal, a Combat Medical Badge and a European-African-Middle Eastern Campaign Medal with...
ARMY | BCMR | CY2002 | 2002079114C070215
There is no record that the applicant was awarded the Purple Heart. The applicant's medical records are unavailable for review by the Board. The letter from the DVA, Batavia Site, discusses a scar on the applicant's back and in their opinion felt that the applicant was eligible for award of the Purple Heart.
ARMY | BCMR | CY2002 | 2002079117C070215
There is no evidence in the available records that shows the applicant was wounded as a result of hostile action in Korea. The web site notes state that the additions were based on either a General Order awarding the Purple Heart, the Certificate for the Purple Heart, or a DD-214 showing the Purple Heart had been awarded and that the additions to the web site listings are distinctively marked in blue and in no way modify the original Korean War Casualty File.As a matter of information, on...
ARMY | BCMR | CY2002 | 2002079119C070215
No other medical records were available to the Board, or provided by the applicant. The Board notes that the applicant arrived in Vietnam on 4 July 1969. Although the applicant may have received medical treatment while in Vietnam, there is no evidence which confirms the applicant was wounded as a result of hostile action.
ARMY | BCMR | CY2002 | 2002079126C070215
The applicant states, in effect, that her enlistment contract erroneously shows that she enlisted in the Army for 4 years and 00 weeks. The MFR from USAREC dated 4 September 2002 confirms that the DD Form 4/3 is incorrect and should be corrected to reflect her term of enlistment as 3 years and 00 weeks. RECOMMENDATION : 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...
ARMY | BCMR | CY2002 | 2002079130C070215
The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 3 years and 00 weeks. The MFR from USAREC dated 21 August 2002 confirms that the enlistment contract is incorrect and should be corrected to reflect his term of enlistment as 5 years. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract of the individual concerned to show that he enlisted in the...
ARMY | BCMR | CY2002 | 2002079131C070215
The applicant states, in effect, that he was previously twice non-selected for promotion to the rank of lieutenant colonel (LTC) and after appealing an officer evaluation report (OER), he was granted promotion reconsideration by a special selection board (SSB), which also failed to select him for promotion. In May 1995, the applicant was successful in his OER appeal to the Officer Special Review Board (OSRB) and was granted promotion reconsideration to the rank of LTC by a SSB. That if he...
ARMY | BCMR | CY2002 | 2002079133C070215
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 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2002 | 2002079137C070215
The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 4 years and 00 weeks. The MFR from USAREC dated 5 September 2002 confirms that his enlistment contract is incorrect and should be corrected to reflect his term of enlistment as 3 years and 00 weeks. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract of the individual concerned to show that he...
ARMY | BCMR | CY2002 | 2002079138C070215
The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 8 years and 00 weeks. The MFR from USAREC dated 28 August 2002 confirms that the DD Form 4/3 is incorrect and should be corrected to reflect his term of enlistment as 2 years. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/3) of the individual concerned to show that he enlisted in...
ARMY | BCMR | CY2002 | 2002079143C070215
The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 4 years and 00 weeks. The MFR from USAREC dated 3 September 2002 confirms that the DD Form 4/3 is incorrect and should be corrected to reflect his term of enlistment as 3 years and 00 weeks. RECOMMENDATION : 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...
ARMY | BCMR | CY2002 | 2002079144C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The letter states that it was always the intent of the appellate authority to file the NJP on the applicant's restricted fiche and, had he known that he could not change the filing decision made by the commander who imposed punishment, he would have directed that commander to place the NJP on the applicant's restricted fiche from the very beginning. DISCUSSION :...
ARMY | BCMR | CY2002 | 2002079146C070215
Records show the contested AER was properly filed in the performance section of the applicant's OMPF. The Board considered the applicant's request for removal of the contested AER. That so much of the application as it relates to removal of the contested AER entirely from the OMPF is denied.
ARMY | BCMR | CY2002 | 2002079154C070215
APPLICANT REQUESTS: The removal of his name from the title block of a United States Army Criminal Investigation Command (USACIDC) Report of Investigation (ROI). APPLICANT STATES : In effect, that he was unjustly titled in a USACIDC Report of Investigation for dereliction of duty during his first year in the Military Police (MP) Investigation Program. Based on the evidence submitted by the applicant as well as the evidence of record, the Board finds that he was properly titled, that there...
ARMY | BCMR | CY2002 | 2002079155C070215
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. His DA Form 2-1 (Personnel...
ARMY | BCMR | CY2002 | 2002079157C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 24 July 2001, the unit commander notified the applicant of his intention to initiate separation action under the provisions of paragraph 14-12b, Army Regulation 635-200, for a pattern of misconduct with an under other than honorable conditions (UOTHC) discharge. On 7 November 2001, the separation authority disapproved retaining the applicant for 6 months and directed...
ARMY | BCMR | CY2002 | 2002079160C070215
EVIDENCE OF RECORD : The applicant’s military personnel records were not available to the Board for review. In this case, there are no medical or other official records to confirm that the applicant was ever wounded or injured in action or treated for a combat related wound or injury during his active duty tenure. However, based on the lack of supporting records and evidence to support his contention that he was wounded/injured in action, the Board is regrettably compelled to deny his PH request.
ARMY | BCMR | CY2002 | 2002079161C070215
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 Board notes the applicant’s contentions that his first period of service was honorable and that he was experiencing family problems that impaired his ability to serve at the time of his discharge processing.
ARMY | BCMR | CY2002 | 2002079162C070215
The applicant requests that his records be corrected to show that he earned retirement points for the period 11 September 1980 through 12 May 1982, and that he earned 21 inactive drill points for the period 13 May 1986 through 12 May 1987. If the participants are not commissioned, the points credit is retained toward entitlement to subsequent enlisted benefits and Reserve retirement. Although an SMP contract is not available, the evidence provided shows that the applicant was performing...