ARMY | BCMR | CY2003 | 2003085520C070212
In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. During its original review of the case, the Board found the standard evidentiary records required for awarding the PH were not present. In the opinion of the Board, the War Department notification to the applicant’s mother, and to government officials from the State of Illinois, that the applicant had been wounded in action...
ARMY | BCMR | CY2003 | 2003085522C070212
There are no orders for the Purple Heart in the FSM’s service personnel records. Evidence of record also shows the FSM was wounded in action on 16 November 1968 in Vietnam. That all of the Department of the Army records related to this case be amended to show that the FSM was posthumously awarded the Purple Heart with First Oak Leaf Cluster, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam...
ARMY | BCMR | CY2003 | 2003085523C070212
APPLICANT STATES : In effect, that the Board’s original decision denied her petition because it concluded that she “was properly given a disability rating of 20% because [her] pain was not considered severe.” The applicant states that her pain should have been considered severe and submits additional medical documents noting various medical appointments for pain associated with her benign liver tumor. However, an award of a higher VA rating does not establish error or injustice in the Army...
ARMY | BCMR | CY2003 | 2003085529C070212
While not a formal recommendation, the DA Form 137 submitted by the applicant indicates that his unit commander recommended the applicant for the ARCOM, which was pending at the time of his separation. Based on the unit commander’s recommendation and on a review of the applicant’s record, the Board concludes the applicant should be awarded the ARCOM for meritorious service during the period 3 April 1968 through 25 August 1969, while he was serving as an infantry squad leader at Fort Hood...
ARMY | BCMR | CY2003 | 2003085531C070212
APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he qualified as an expert marksman. EVIDENCE OF RECORD : The applicant's military records show: The evidence of record fails to show that the applicant was entitled to award of the Expert Qualification Badge for the M-16 Rifle.
ARMY | BCMR | CY2003 | 2003085534C070212
10 USC 1208 states, in effect, that members retiring for disability will be entitled to retired pay based on 2 and ½ percent times the number of years of creditable active military service they have completed. In view of the fact of this case, the Board concludes that the applicant’s record should be corrected to show he completed a total of 19 years and 12 days of active military service, and 20 years, 8 months, and 24 days of service for basic pay purposes. That all of the Department of...
ARMY | BCMR | CY2003 | 2003085535C070212
She further contends that in order to correct her retired pay, DFAS requires a corrected "Statement of Service" with her correct DIEMS date of 6 September 1977. The new law provided for the computation of retired pay as a percentage of a member’s retired pay base. That DFAS correct the applicant’s service entry date to show she entered a Uniformed Service on 6 September 1977.
ARMY | BCMR | CY2003 | 2003085537C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In October 1989, the United States Army Correctional Activity was redesignated as the United States Army Correctional Brigade (USACB). 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 | CY2003 | 2003085538C070212
The applicant requests, in effect, that his last Noncommissioned Officer Evaluation Report (NCOER) for the period June 1983 through May 1984 be removed from his Performance (P) fiche of his Official Military Personnel File (OMPF). The applicant's military records show that he enlisted in the Regular Army on 26 May 1962, with prior military service. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore,...
ARMY | BCMR | CY2003 | 2003085543C070212
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: Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of RE codes.
ARMY | BCMR | CY2003 | 2003085544C070212
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. The applicant has not presented and...
ARMY | BCMR | CY2003 | 2003085545C070212
Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge. Personnel discharged under these chapters will be assigned an RE-4 code. That all of the Department of the Army records related to this case be corrected by amending the DD Form 214 of the individual concerned to show that he was awarded the Parachutist Badge.
ARMY | BCMR | CY2003 | 2003085547C070212
APPLICANT REQUESTS: That his general discharge be upgraded to an honorable discharge and that he be granted a disability separation or retirement. APPLICANT STATES : That he had three previous honorable discharges and that after being out of the service for a period of time he decided to return to military service, and did. The applicant’s contention that he was drinking to alleviate pain is not supported by any evidence submitted by the applicant, or contained in records available to the...
ARMY | BCMR | CY2003 | 2003085551C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Therefore, the Board determined that there is insufficient evidence upon which to award the applicant this unit award. Therefore, the Board determined that there is insufficient evidence upon which to award the applicant this unit award.
ARMY | BCMR | CY2003 | 2003085557C070212
Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 provides that soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entrance on active duty, active duty for training, or initial entry training, will be separated. A medical proceeding, regardless of the date completed, must establish that a medical...
ARMY | BCMR | CY2003 | 2003085559C070212
APPLICANT STATES : In effect, that contrary to the Board’s original Memorandum of Consideration, he was not given any mental status evaluations in the year 2000, “let alone March 6 th 2000” as the Board noted. As noted in the Board’s previous action, the applicant’s commander initiated actions to administratively separate the applicant from active duty under the provisions of Army Regulation 635-200, paragraph 5-13 (personality disorder) on 28 March 2000. The Board notes that the December...
ARMY | BCMR | CY2003 | 2003085565C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 11 July 2001, the applicant was discharged, with a bad conduct discharge, pursuant to his conviction by court-martial. 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 | CY2003 | 2003085572C070212
The Board considered the following evidence: The applicant feels that he is being punished for having a disease and that, under current standards, makes discharge decisions based on medical judgment and not character assessments. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 2003085574C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The court affirmed only so much of the sentence as provided for a BCD, forfeiture of $577.00 pay per month until the discharge was executed, and reduction to private/E-1. On 15 May 1998, the applicant was discharged accordingly.
ARMY | BCMR | CY2003 | 2003085575C070212
On 22 November 1994, the applicant was discharged in absentia under the provisions of chapter 3, Army Regulation 635-200, with a BCD as a result of his conviction by a GCM. Chapter 3, paragraph 3-11, provides that a soldier will be given a BCD pursuant only to an approved sentence of a general or special court-martial. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the...
ARMY | BCMR | CY2003 | 2003085579C070212
There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for award of the Air Medal. 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 his Vietnam Service Medal. That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY2003 | 2003085584C070212
The applicant's DD Form 214 shows that he was awarded the following: "Army Aviator Badge, Vietnam Service Medal, Vietnam Campaign Medal, Armed Forces Expeditionary Service Medal (Korea), Bronze Star Medal, and 1 Overseas Service Bar." The applicant is entitled to award of the National Defense Service Medal for his honorable active service from 24 February 1967 through 19 April 1972; therefore, he is entitled to correction of his record to show this award. b. awarding the applicant the...
ARMY | BCMR | CY2003 | 2003085588C070212
The applicant requests that his DD Form 214 (Report of Transfer or Discharge), dated 22 July 1971, be corrected to show that he was awarded flight wings (correctly known as the Aircraft Crew Member Badge). Counsel requests that the applicant's DD Form 214, dated 22 July 1971, be corrected to show that he was awarded the Aircraft Crew Member Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and any other awards he may be entitled to. As a result, the Board recommends...
ARMY | BCMR | CY2003 | 2003085589C070212
In support of his application, he submitted a copy of his DD Form 214; a DA Form 1577 (Authorization for Issuance of Awards); a letter authorizing him to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star; and a letter of transmittal for award of the Army Commendation Medal with "V" Device. The evidence of record shows the applicant was authorized to receive and wear a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star. Therefore, his records...
ARMY | BCMR | CY2003 | 2003085590C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Disqualification for an award of the Army Good Conduct Medal can occur at any time during a qualifying period, requiring a new "beginning date" to be established. Despite his otherwise good record, it appears the applicant was properly denied the opportunity to be awarded an AAM or the Army Good Conduct Medal.
ARMY | BCMR | CY2003 | 2003085591C070212
The applicant's DA Form 24 (Service Record) for the period 17 March 1953 to 4 March 1957 shows the National Defense Service Medal, the United Nations Service Medal, the Korean Service Medal, the First Class Artillery Badge and the Sharpshooter Marksmanship Qualification Badge with Antiaircraft Artillery Bar as authorized awards in Section 9 (Medals, Decorations, and Citations). Based on his service from 17 March 1953 through 17 May 1955, the applicant is entitled to award of the National...
ARMY | BCMR | CY2003 | 2003085592C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: The Board notes that the statement appears to have been rendered at the time of the former servicemember's discharge as the statement references "other honors…as listed on his Army Discharge."
ARMY | BCMR | CY2003 | 2003085595C070212
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. His DD Form 214 lists his decorations as the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Expert Badge with Rifle Bar. That all of the Department of the Army records related to this case be corrected by adding the Purple Heart, the Good Conduct...
ARMY | BCMR | CY2003 | 2003085597C070212
The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. Therefore, the applicant's DD Form 214 should be corrected to show this award.
ARMY | BCMR | CY2003 | 2003085598C070212
He participated in two campaigns during his tour in Vietnam and the 1st of the 27th was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm (shown on the applicant's DD Form 214), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (not reflected on his DD Form 214). His DD Form 214 should show award of the Vietnam Service Medal with two bronze service stars (one for each campaign). That all of the Department of the Army records related to...
ARMY | BCMR | CY2003 | 2003085599C070212
The applicant is requesting correction of error which occurred on 4 February 1972, the date of his discharge. Therefore, he is entitled to correction of his records to show this award. Therefore, he is entitled to correction of his records to show this award.
ARMY | BCMR | CY2003 | 2003085600C070212
He states the incident happened in the Philippines in November 1944. The applicant returned to the United States in November 1945 and on 5 December 1945 underwent a separation physical examination. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action.
ARMY | BCMR | CY2003 | 2003085601C070212
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. APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to an honorable discharge.
ARMY | BCMR | CY2003 | 2003085602C070212
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 that he was wounded in action in 1967. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received on 21 March 1967.
ARMY | BCMR | CY2003 | 2003085605C070212
The applicant requests that his completion date for the Special Forces Qualification Course in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show September 1984 instead of May 1993. Evidence of record shows the applicant completed the 17-week Special Forces Qualification Course in May 1983. That so much of the application as pertains to correction of item 18 to show that the applicant completed the Special Forces Qualification...
ARMY | BCMR | CY2003 | 2003085613C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. It is issued to soldiers whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 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.
ARMY | BCMR | CY2003 | 2003085614C070212
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 commander cited the basis his recommendation was his refusal to participate in the ADAPCP, after he was command-directed.
ARMY | BCMR | CY2003 | 2003085616C070212
The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. 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 | CY2003 | 2003085617C070212
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. Barbara J. EllisMember The applicant and counsel if any, did not appear before the Board. The applicant states that the FSM was never awarded a PH for his injuries during his service in World War I and that even though this request is over 84 years in the making, the FSM is deserving of the honor of being...
ARMY | BCMR | CY2003 | 2003085619C070212
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. Once a soldier is...
ARMY | BCMR | CY2003 | 2003085620C070212
APPLICANT REQUESTS: That his physical disability rating be increased to 20 percent or better. On 6 August 1992, a PEB found the applicant to be unfit for left patella dislocation bilateral patella femoral dysfunction and degenerative arthritis, under Veterans Administration Schedule of Rating Disabilities (VASRD) code 5257, with a 10 percent disability rating. Once a soldier is determined to be physically unfit for further military service, percentage ratings are applied to the unfitting...
ARMY | BCMR | CY2003 | 2003085621C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his bachelor of science diploma and transcript of academic record be removed from his Official Military Personnel File (OMPF). DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
ARMY | BCMR | CY2003 | 2003085624C070212
APPLICANT STATES : In effect, that he be granted 60 days to qualify him to received retired pay based on completion of 26 years of active military service. The DD Form 214, issued to and signed by the applicant on the date of his separation confirms that he held the rank and pay grade of 1SG/E-8, and that he had completed 25 years and 10 months of active military service on the date of his REFRAD. The evidence of record confirms that the applicant voluntarily requested retirement after...
ARMY | BCMR | CY2003 | 2003085625C070212
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. APPLICANT REQUESTS: In effect, that his records be corrected to reflect promotion to pay grade E-4. The applicant has not presented and the records do not...
ARMY | BCMR | CY2003 | 2003085632C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : That he was unfairly denied retired pay and penalized because he had served as an officer in the Regular Army. He was promoted to major on 25 February 1970.
ARMY | BCMR | CY2003 | 2003085634C070212
DoD noted that there presently exists in current law substantial authority to counteract the effects of the statute of limitations in the context of military records corrections. Although DFAS's 6 December 2002 letter to the applicant did not mention why they had to recoup the SBP annuity payments already made to her, the Board presumes it was because her claim was not processed within the 6-year statute of limitations. It would be equitable to show that the applicant submitted her SBP...
ARMY | BCMR | CY2003 | 2003085636C070212
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to a general (under honorable) discharge or to an honorable discharge. The applicant had been formally counseled on 18, 22, and 26 November and 2 December 1968, according to the recommendation for administrative elimination action. The record shows that during his service time, the applicant accepted NJP on one occasion and was convicted by a special court-martial in the span of just over six months from the...
ARMY | BCMR | CY2003 | 2003085644C070212
Although the Board’s April 2002 summary did not specifically note the applicant’s contention that he suffered from emotional distress, depression, and erratic behavior, following his return from Vietnam, that information was contained in statements submitted by the applicant and his supporters as evidence in the applicant’s original application. Each of the authors of those statements attributes his medical problems to his service in Vietnam. Had the applicant been exhibiting the extreme...
ARMY | BCMR | CY2003 | 2003085652C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Therefore, he requests that the 17 weeks added to his contract for Ranger Training be voided. He further states that Army Regulation 601-210 provides the standards and requirements for enlistment in Program 9-B (Ranger Training Option) and it does not provide instructions to extend an enlistment contract.
ARMY | BCMR | CY2003 | 2003085657C070212
In support of his application, the applicant submits: a copy of orders, dated 16 May 2001, reducing him to the rank of PFC, effective 10 April 2001; an Appeal for Reinstatement to Former Grade of SPC/E-4; a Memorandum of Support, dated 19 December 2002; and a Commander’s Statement, Re: Appeal of SPC Clark. On 13 December 2002, the applicant appealed his earlier reduction through his company commander to his battalion commander stating that he was not afforded due process prior to his...