ARMY | BCMR | CY2003 | 03093308C070212
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. On 19 December 1980 the applicant reenlisted in the Army for 4 years. Special Court-Martial Order Number 138, published by Headquarters, U.S. Army Infantry Center and Fort Benning on 9 September 1982, shows that the applicant was arraigned and charged with eight specifications of misconduct, e.g., AWOL,...
ARMY | BCMR | CY2003 | 03093341C070212
Counsel states that the Board considered [and denied] the applicant's request for entitlement to incapacitation pay only, whereas the applicant intended to request, at least in the alternative, entitlement to "back pay" for the period in questions. Counsel provides a copy of the applicant's 2 November 2002 request to this Board for incapacitation pay, with the enclosures (items) supporting his (the applicant's request), and the 12 June 2003 Board decision denying the applicant's request for...
ARMY | BCMR | CY2003 | 03093361C070212
His DD Form 214 does not show award of the Purple Heart, award of the Air Medal for meritorious service, the Aircraft Crewmember Badge, the above-mentioned unit awards, nor does it show, by annotation of bronze service stars to the award of the Vietnam Service Medal, the number of campaigns in which he served. His 12 October 1977 also does not show award of the Purple Heart or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, nor does it indicate the number of...
ARMY | BCMR | CY2003 | 03093380C070212
He waived consideration of his case by a board of officers. The applicant was discharged on 9 January 1984 under the provisions of Army Regulation 635-200, paragraph 14-12a, for misconduct – drug abuse. An under other than honorable conditions discharge is normally appropriate for separation for misconduct; however, the separation authority may direct a general discharge if such is merited by the member's overall record.
ARMY | BCMR | CY2003 | 03093381C070212
The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army Board for Correction of Military Records (ABCMR) should commence on the date of final action by the ADRB. The applicant was discharged on 29 May 1980. His request to...
ARMY | BCMR | CY2003 | 03093401C070212
Army Regulation 40-3, chapter 7, provides for MEBs, and are convened to document a service member’s medical status and duty limitations insofar as duty is affected by the member’s medical status. Consequently, the applicant's records should be corrected to show that he transferred to the Army Reserve Control Group (Retired) effective on 3 November 1995, and that he is entitled to retirement pay at age 60 under the provisions of Title 10, United States Code, section 12731a. As a result, the...
ARMY | BCMR | CY2003 | 03093420C070212
The applicant provides a copy of the order promoting him to sergeant major effective and with a date of rank of 1 June 1997, a copy of an order assigning him to the Retired Reserve effective 7 June 2002 in the rank of master sergeant, and a copy of a memorandum to the applicant from the Director, Enlisted Personnel Management at St. Louis informing him that conditional promotions to sergeant major during the period 1 October 1983 through 16 June 1998 were not authorized. His rank on the...
ARMY | BCMR | CY2003 | 03093492C070212
On 24 June 1976 the applicant's commanding officer recommended to the separation authority that the applicant be discharged because of misconduct by reason of AWOL or desertion. Army Regulation 635-200, then in effect, provides for the separation of enlisted personnel. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 03093516C070212
The applicant requests that four NCOERs (Noncommissioned Officer Evaluation Reports) be corrected to reflect her correct duty title, duty Military Occupational Specialty Code (MOSC), and description of her daily duties and scope [of duties]. The ESRB corrected the substantive inaccuracies, but denied her request to correct her principal duty title, MOSC, and daily duties and scope, on the reports. Specifically, the rater shows the rated NCO the rating chain and a complete duty description.
ARMY | BCMR | CY2003 | 03093530C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that his unit was ordered to active duty and that an attempt was made to correct the item in 1969 but no action was ever taken. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 17 of his 8 June 1969 separation document that he was ordered to active duty for a period of...
ARMY | BCMR | CY2003 | 03093578C070212
The applicant states, in effect, that he received a 10 percent disability rating for his shoulder condition and a 10 percent disability rating for his eye condition from the Army. Both physicians noted that according to VASRD rating code 5202 the applicant’s right shoulder warranted a 30 percent rating while one physician also stated that the applicant’s left shoulder could be rated at 20 percent under code 5202. Unlike the VA, the Army must first determine whether or not a soldier is fit...
ARMY | BCMR | CY2003 | 03093683C070212
The applicant requests reconsideration of his earlier request to the Army Board for Correction of Military Records (ABCMR) for award of the Purple Heart. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records in Docket Number AR2002070242, on 25 June 2002. The Purple Heart is awarded to any Soldier who has been wounded in action against an enemy of the United States.
ARMY | BCMR | CY2003 | 03093753C070212
There were no service medical records available to the Board, or provided by the applicant. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 25 August 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the period 16 October 1967 through 25 August 1969; b. showing that he qualified as a marksman with the M-16...
ARMY | BCMR | CY2003 | 03093774C070212
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant’s military records are not available to the Board for review. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2003 | 03093891C070212
The applicant states that he was wrongfully discharged. Also, on 23 July 2003 the Army Discharge Review Board (ADRB), in an unanimous opinion, denied the applicant's request to upgrade his discharge. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 03093895C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Records available to the Board indicate that the applicant entered active duty on 17 July 2000. Pertinent Army Regulations also 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.
ARMY | BCMR | CY2003 | 03093947C070212
Furthermore, the applicant's record should be corrected to show that he was reassigned to the Retired Reserve on 16 June 1998 in the rank of sergeant major. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by restoring the applicant to the rank and pay grade of sergeant major E-9 effective and with a date of rank of 15...
ARMY | BCMR | CY2003 | 03094030C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected to reflect award of the Expert Infantryman Badge and the Combat Infantryman Badge. While the evidence does show that the applicant was deployed to Southwest Asia in support of Operation Desert Shield/Storm, there is no evidence the applicant engaged in active ground combat and as such there is no basis for an award of the Combat...
ARMY | BCMR | CY2003 | 03094042C070212
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 MARCH 2004 DOCKET NUMBER: AR2003094042 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 considered the following evidence: Exhibit A - Application for correction of military records. Unfortunately, records available to the Board indicate two different RA numbers and two different SSANs.
ARMY | BCMR | CY2003 | 03094066C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. In the Board’s original consideration of the applicant’s case the Board noted that the applicant had not shown that “she had a VEAP account on 9 October 1996, a prerequisite for conversion” of a VEAP account to a MGIB account. Evidence from the previous Board action indicates that she did have a VEAP account on 9 October 1996 as evidenced by the fact that educational allotments...
ARMY | BCMR | CY2003 | 03094104C070212
The applicant provides a copy of a 26 February 2003 letter to the Director, Army Board For Correction of Military Records, whereby she expresses her dissatisfaction with the decision made by the 30 January 2003 Board; a copy of the above mentioned letter to Major "H;" a copy of a 24 July 1970 letter to a Member of Congress requesting her assistance; and a copy of the 30 January 2003 Board decision. Incorporated herein by reference are military records which were summarized in the previous...
ARMY | BCMR | CY2003 | 03094124C070212
The Board considered the following additional evidence: Exhibit C – (show the identifying data for the original Record of Proceedings) CONSIDERATION OF ADDITIONAL EVIDENCE: 13. The evidence submitted consists of a statement by the applicant that his civil charge for vandalism was dismissed in settlement on 30 March 1993 and not in 2002 as the Board concluded in its original deliberations. ____James C. Hise ______ CHAIRPERSON INDEX |CASE ID |AR2003094124 | |SUFFIX | | |RECON |YYYYMMDD...
ARMY | BCMR | CY2003 | 03094176C070212
The applicant disagreed and requested a formal hearing; however, on 19 January 1999 he reconsidered, waived his scheduled formal hearing, and concurred with the 20 percent disability rating recommended by the PEB. The applicant was discharged on 30 March 1999 with a 20 percent disability rating. The medical evidence of record supports the determination that the applicant's unfitting condition was properly diagnosed and rated at the time of his discharge.
ARMY | BCMR | CY2003 | 03094219C070212
The applicant states, in effect, that it is not his intent to argue that there was an error in his record that precluded his selection for promotion to lieutenant colonel. The applicant’s self-authored statement and conversation with his civilian supervisor constitutes new evidence which requires consideration by the Board. The applicant’s conflict with his work situation existed as early as 1991 when he recorded a conversation between him and his civilian supervisor.
ARMY | BCMR | CY2003 | 03094250C070212
The applicant requests that her deceased husband, a former service member (FSM) be awarded the Purple Heart and the Prisoner of War (POW) Medal. The applicant's DD Form 214 (Report of Transfer or Discharge) does not show award of the Purple Heart or the POW Medal. Counsel requests award of the Purple Heart and the POW Medal for the FSM.
ARMY | BCMR | CY2003 | 03094310C070212
The application submitted in this case is dated 9 July 2003. The applicant was discharged on 27 June 1984. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.
ARMY | BCMR | CY2003 | 03094313C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2003 | 03094363C070212
On 3 December 1969 he requested reenlistment and requested a waiver of lost time in order to reenlist. On 7 February 1973 the applicant's commanding officer notified the applicant that he was recommending that he be discharged from the Army for unfitness under the provisions of Army Regulation 635-200, chapter 13. He was discharged on 19 March 1973.
ARMY | BCMR | CY2003 | 03094464C070212
The applicant requests that his records be corrected to show that he earned 50 retirement points for his retirement year beginning on 9 July 1998 and ending on 8 July 1999 in order to be credited with a qualifying year of service for retirement purposes. In an 18 July 2003 memorandum to this Board, the adjutant of the 650th Area Support Group requested that the applicant's request be granted, stating that he was assigned to the 172nd and was advised to discontinue performing Reserve drills...
ARMY | BCMR | CY2003 | 03094498C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her May 2003 separation document be corrected to show that she entered active duty on 21 January 2003 vice 23 June 1999 and that her active duty service computation be corrected accordingly. The applicant’s May 2003 separation document, however, incorrectly reflects the date the applicant initially entered active duty, 23 June 1999, in item 12a (Date entered...
ARMY | BCMR | CY2003 | 03094509C070212
The applicant requests that his records be corrected to reflect award of two Purple Hearts. The applicant’s military records are not available to the Board for review. Although there are no medical records available, the entry in item 34 of the applicant's separation document is sufficient to conclude that he was wounded on 10 February 1945 as a result of hostile action during World War II and as such, should be awarded the Purple Heart.
ARMY | BCMR | CY2003 | 03094526C070212
That officer indicated that the applicant still needed to have his enlistment contract corrected to show his pay grade as E-3. Therefore, the applicant's enlistment contract (DD Form 4/3) should be corrected to show that he enlisted in pay grade E-3 on 11 July 2002. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.
ARMY | BCMR | CY2003 | 03094532C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. However, based on the Physical Disability Agency policy, his back pain was rated at 0 percent under Veterans Affairs Schedule for Rating Disability (VASRD) codes 5099- 5003. It is also noted that the VA rendered only a 20 percent rating for the applicant’s back condition, which, had the Army established the same rating, would still not have resulted in the applicant’s disability retirement.
ARMY | BCMR | CY2003 | 03094545C070212
On 18 February 1986 the applicant's commanding officer notified her that he was initiating proceedings to administratively separate her from the Army under the provisions of Army Regulation 635-200, paragraph 14-12c, misconduct – abuse of illegal drugs. She made a statement calling attention to her many years of good, responsible, and loyal service to the Army, and her participation in numerous off duty events, indicating that she deserved a discharge of at least under honorable conditions....
ARMY | BCMR | CY2003 | 03094644C070212
On 12 February 1976 he enlisted in the Wyoming Army National Guard for 4 years, 1 month, and 4 days. On that same date, he was informed that he was charged with 8 unexcused absence, and since he did not submit a request that he be excused from drill on 5 and 6 November 1977, he [the commanding officer] would request that the applicant be ordered to active duty. There is no evidence, nor has the applicant provided any, to indicate otherwise, nor is there any evidence to show that he was...
ARMY | BCMR | CY2003 | 03094804C070212
In effect, the applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was not discharged because of a physical disability. The dermatologist stated that there was no evidence of EB, that the applicant had mild sweating on feet and a history of "march blisters." Notwithstanding the evaluation that the applicant received some 20 months after his discharge, the applicant was determined by proper medical authority that he had...
ARMY | BCMR | CY2003 | 03094805C070212
In effect, the applicant is requesting that his SPD (separation) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected so that he will not have to reimburse the government for the bonus that he received when he enlisted in the Army. The evidence also shows that his problems with alcohol continued after his discharge. His request that his SPD code be corrected so that he will not have to pay back the debt to the government is not granted.
ARMY | BCMR | CY2003 | 03094856C070212
By 14 August 2001 the Alabama Army National Guard resolved the issue of the applicant’s home of record and initiated a formal line of duty investigation to determine if injuries sustained by the applicant as a result of the March 1999 motor vehicle accident were considered to have occurred in the line of duty. He noted that his “staff has processed incapacitation pay from March 1999 to June 1999 for which he [the applicant] was entitled and [was] coordinating with the medical treatment...
ARMY | BCMR | CY2003 | 03094859C070212
Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. 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. The fact that the applicant was permitted to enlist...
ARMY | BCMR | CY2003 | 03094874C070212
c. The Board, in denying his request, indicated that the evidence showed that he was physically fit for duty at the time of his separation in 1989, and also noted that he served on active duty for a year between 1994 and 1995. f. A 21 August 1992 line of duty investigation, submitted by the applicant with his request, revealed that the applicant had various medical conditions while on active duty. There is no evidence, and the applicant has not submitted any, to show that he is receiving a...
ARMY | BCMR | CY2003 | 03094935C070212
The applicant requests that the records of his father, a deceased former service member, be corrected to show award of the Purple Heart and Silver Star. The former service member’s military records are not available to the Board for review. Evidence shows that the service member’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2003 | 03094977C070212
In a 23 December 1997 memorandum to the Army Enlisted Records and Evaluation Center, an Army captain, a legal assistance attorney at Fort Bragg, stated that after a careful review of the applicant's NCOER, the QMP appeal packet, and the investigatory letter drafted by the applicant's brigade commander, that it was clear that the NCOER was unjustly tainted by the unproven accusation of the applicant's accuser, and was not based on the applicant's performance during the period. The ESRB...
ARMY | BCMR | CY2003 | 03094979C070212
The applicant requests that an 11 July 1995 memorandum of record (Subject: Administrative Separation), regarding an administrative separation resulting from being dropped from the rolls of the Army, be expunged from his OMPF (Official Military Personnel File). The memorandum of record (Subject: Administrative Separation) which the applicant wants expunged from his OMPF was prepared on 11 July 1995 by the Chief, Separation Records Transfer Branch at the United States Army Enlisted Records...
ARMY | BCMR | CY2003 | 03095004C070212
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 01 APRIL 2004 DOCKET NUMBER: AR2003095004 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 considered the following evidence: Exhibit A - Application for correction of military records. He acknowledged the basis for his separation, requested discharge, and authenticated his separation...
ARMY | BCMR | CY2003 | 03095009C070212
Counsel states that the applicant is working and has had no trouble with the law since his military service. The applicant was discharged on 21 March 1973. On 23 September 1980, in an unanimous opinion, the Army Discharge Review Board denied the applicant's request to upgrade his discharge.
ARMY | BCMR | CY2003 | 03095048C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. CONSIDERATION OF EVIDENCE: 1. While the applicant has now provided evidence that he was in Vietnam, his orders indicate that he was there in a temporary duty status for less than 30 days, with no evidence of combat participation.
ARMY | BCMR | CY2003 | 03095160C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The MEB concluded that the applicant’s asthma existed prior to his entry on active duty (EPTS) and that it was not aggravated by his military service, but had become worse through “normal progression.” The MEB recommended the applicant be referred to a Physical Evaluation Board (PEB). Army Regulation 635-40 states that soldiers who are unfit by reason of a physical disability neither...
ARMY | BCMR | CY2003 | 03095216C070212
On 9 May 1974 the applicant’s unit dispatched a third certified letter informing the applicant that he would be required to enter active duty “about 30 days after this notification” and that he would be reduced to pay grade E-2. In 1978 the Army Discharge Review Board determined that the applicant’s “time in the service appeared without a disciplinary offense” and determined that the appropriate characterization could have been as fully honorable.” Therefore the board “voted to upgrade to...
ARMY | BCMR | CY2003 | 03095227C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review. 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 separation document.
ARMY | BCMR | CY2003 | 03095254C070212
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states that he requested discharge. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army Board for Correction of Military Records (ABCMR) should...