ARMY | BCMR | CY2003 | 2003087254C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Although documents associated with the applicant's administrative separation from active duty were not in records available to the Board, the applicant's separation document indicates that he was discharged on 21 July 1972 "for the good of the service" under conditions other than honorable. In 1979 the Army Discharge Review Board unanimously denied the applicant's...
ARMY | BCMR | CY2003 | 2003087256C070212
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: There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
ARMY | BCMR | CY2003 | 2003087260C070212
APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct period of time he served as an infantryman and as a dual component. EVIDENCE OF RECORD : The applicant's military records show: No orders are available which might show he was awarded this MOS on a different date.
ARMY | BCMR | CY2003 | 2003087261C070212
When the applicant was being boarded by a formal Physical Evaluation Board (PEB), her counsel’s request for a continuance so the applicant could have another physical examination was denied. Although the applicant was disabled when she was released from active duty on 18 September 1997, she was not given incapacitation pay until 15 February 1998. When taking these facts and applying them to the applicant’s request for incapacitation pay, there is no indication that the applicant was unable...
ARMY | BCMR | CY2003 | 2003087262C070212
In response to that letter, the Human Resources Command, Alexandria Virginia, stated that the active duty for training the applicant completed as a reservist did not qualify under law for time served for the purpose of establishing benefits under the MGIB. Since the MGIB eligibility is established by law, and the Board is not empowered to violate law, the Board is unable to grant the applicant’s request as written. However, the Board could otherwise establish the applicant’s eligibility to...
ARMY | BCMR | CY2003 | 2003087263C070212
Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to Title 10, U. S. Code, section 1448(f)(1)(B) states that the Secretary concerned shall pay an annuity to the surviving spouse of a person who is eligible to provide a reserve component annuity and who dies during the 90-day period beginning on the date the person receives notification under section 12731(d) of this title that he has completed...
ARMY | BCMR | CY2003 | 2003087264C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That he be issued a new report of separation (DD Form 214) with the narrative reason for separation contained in block 28 removed. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2003 | 2003087266C070212
On 15 October 1995, while still on profile, counsel states that the applicant failed his alternate APFT. The evidence of record shows that the applicant failed a record APFT on 15 October 1995 and again on 3 August 1997. There is no evidence of record that the applicant ever passed a record APFT from the date of his appointment to the date of his discharge.
ARMY | BCMR | CY2003 | 2003087268C070212
A board of officers was appointed on or about 3 August 1999 to determine whether he should be discharged for misconduct. He avers that the board president and the two board members could not be impartial because of their relationship to the appointing authority, and that there was undue and improper influence on all members of the board or at the very least an appearance of impropriety. On 3 August 1999 the Commanding General of the 77th RSC appointed a board of officers pursuant to Army...
ARMY | BCMR | CY2003 | 2003087273C070212
The applicant requests, in effect, that his military records be corrected to show that he completed the 20 years of qualifying service necessary to receive Reserve non-regular retired pay at age 60. This official further stated that at the time the applicant had 19 years of qualifying service for retirement, he was given the authority to stay in the active Reserve until he attained 20 qualifying years of service or reached age sixty, whichever came first, and the applicant had attained age...
ARMY | BCMR | CY2003 | 2003087277C070212
The Board considered the following evidence: APPLICANT REQUESTS: In effect, correction of his Honorable Discharge Certificate to show he was discharged on 5 March 1946. The Honorable Discharge Certificate provided by the applicant shows he enlisted in the ERC subsequent to his separation from active duty on 5 March 1946 and that he was discharged on 4 March 1949 as a member of the ERC.
ARMY | BCMR | CY2003 | 2003087279C070212
The applicant’s Enlisted Qualification Record for his first enlistment indicates that during this first period of active duty service, he completed an overseas tour of duty in Korea, and he earned the National Defense Service Medal (NDSM). The separation document (DD Form 214) issued to him on the date of his separation from this period of active duty service indicates that up to that date he had earned the NDSM, Armed Forces Expeditionary Medal (AFEM), and the Army Good Conduct Medal...
ARMY | BCMR | CY2003 | 2003087287C070212
if enlisting for the LRP [Loan Repayment Program], disenroll the applicant or soldier from the GI Bill; and c.) verify that the applicant has qualifying loans if enlisting for the LRP. Wide discretions are available to this Board under Title 10, US Code, Section 1552, which includes the authority to amend the applicant’s DA Form 3286-66 to include the sentence, “If a student loan is accepted by the officials processing you for enlistment as payable under the LRP and the government fails to...
ARMY | BCMR | CY2003 | 2003087288C070212
It recommended that the applicant’s petition to correct his enlistment document to show that he enlisted in pay grade E-3 be approved (with a date of rank of 1 August 2002) and that he receive any financial entitlements that he otherwise would have been entitled, had his enlistment grade been correct. 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...
ARMY | BCMR | CY2003 | 2003087289C070212
The applicant requests, in essence, that his student loan be paid in accordance with his enlistment option for the Army Student Loan Repayment Program (LRP). In connection with this application, a PERSCOM advisory opinion (COPY ATTACHED) states, in essence, that terms outlined in the applicant's enlistment contract -- Statement of Understanding US Army Incentive Enlistment Program, DA Form 3286-66, Section 4, item a -- state, "I understand that under the LRP the government will repay a...
ARMY | BCMR | CY2003 | 2003087290C070212
On the date the applicant submitted her request to the Board, she was serving on active duty as a captain. Unless the applicant can show that her university transcripts are in error, there is insufficient basis in which to grant her request. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 2003087293C070212
The applicant states that his revocation is not valid and he should be promoted to SFC effective 1 April 2002 in accordance with Army Regulation 600-8-22, paragraph 1-24b and paragraph 7 of U.S. Total Army Personnel Command's (PERSCOM) (currently known as U.S. Army Human Resources Command) Memorandum for the SFC Selection Board. The opinion also states that the soldier submitted a declination of promotion on 2 May 2002 directly to HQDA Promotions Branch in accordance with Army Regulation...
ARMY | BCMR | CY2003 | 2003087294C070212
The applicant states, in effect, that her enlistment contract erroneously shows that she enlisted in the Army for 3 years. The applicant clearly enlisted in the Army for 4 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 she enlisted in the Army for 4 years and 00 weeks instead of 3 years and 00 weeks as currently reflected.
ARMY | BCMR | CY2003 | 2003087296C070212
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 evidence of record shows that the applicant enlisted for the LRP incentive on 19 May 2000.
ARMY | BCMR | CY2003 | 2003087301C070212
The applicant requests that his memorandum, dated 11 September 1992, Subject: Disqualification for award of the Good Conduct Medal (GCMDL) be removed from his Performance (P) Fiche, Disciplinary Data Section, of his Official Military Personnel File (OMPF). The applicant’s military records show he enlisted on 20 February 1990. The evidence of record shows that a memorandum was prepared on 11 September 1992 by his commander to disqualify him for the GCMDL based on nonjudicial punishment and...
ARMY | BCMR | CY2003 | 2003087302C070212
The applicant states, in effect, that her enlistment contract erroneously shows that she enlisted in the Army for 3 years. The applicant clearly enlisted in the Army for 4 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 she enlisted in the Army for 4 years and 00 weeks instead of 3 years and 00 weeks as currently reflected.
ARMY | BCMR | CY2003 | 2003087303C070212
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. The applicant requests...
ARMY | BCMR | CY2003 | 2003087312C070212
The applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart, nor is there any entry to indicate that he was wounded in action. The applicant submits copies of two statements, each dated 5 December 2002, from individuals who stated that they were with the applicant on 20 October 1968 in Bear Cat, Vietnam, when he was wounded in action while on guard duty. That all of the Department of the Army records related to this case be corrected by showing that...
ARMY | BCMR | CY2003 | 2003087321C070212
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. There is no evidence of record to show the applicant served in El Salvador. The Board concludes that there is insufficient evidence to show the applicant served in El Salvador during a period of service qualifying for award of the AFEM and it would therefore be inappropriate to add the AFEM to his DD Form 214.
ARMY | BCMR | CY2003 | 2003087325C070212
The applicant requests that her records be corrected to show that she was awarded the Republic of Korea Presidential Unit Citation, the Korean Service Medal, and the Women's Army Corps (WAC) Service Medal. The applicant’s DD Form 214, dated 30 September 1972, shows she was awarded the Good Conduct Medal and the National Defense Service Medal. Therefore, there is no evidence on which to base award of the Korean Service Medal in this case.
ARMY | BCMR | CY2003 | 2003087327C070212
Therefore, the Board concludes it would be appropriate to award the applicant the PH at this time. Lacking any derogatory information on file and/or a specific disqualifying action from any of his active duty unit commanders, which would preclude him from receiving the AGCM, the Board concludes that the applicant served a qualifying period of service that entitles him to receive the first award of the AGCM. That all of the Department of the Army records related to this case for the...
ARMY | BCMR | CY2003 | 2003087328C070212
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge). Item 31 (Military Qualification and Date) on the applicant’s WD AGO Form 53-55 shows that he received the Combat Infantryman Badge. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Bronze Star Medal (based on award of the...
ARMY | BCMR | CY2003 | 2003087329C070212
The applicant states that he received the award of the BSM after he separated from the service and it has never been added to his records. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 24 October 1950 to 26 August 1952. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected: by showing that the individual concerned was awarded the BSM, by...
ARMY | BCMR | CY2003 | 2003087333C070212
There are no orders for the Army Commendation Medal in the applicant’s service personnel records. However, there is no evidence of record, and the applicant has provided no evidence, which shows he was recommended for or awarded the Army Commendation Medal. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Vietnam Service Medal with two bronze service stars, the Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with...
ARMY | BCMR | CY2003 | 2003087344C070212
There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. In the absence of orders awarding the Purple Heart or military medical records showing the applicant was wounded as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case. Evidence of record shows the applicant served in five campaigns during his service in Vietnam.
ARMY | BCMR | CY2003 | 2003087345C070212
The applicant states, in effect, that his separation document (DD Form 214) does not include the PH that he received for being wounded in action on 23 November 1967, while serving in the Republic of Vietnam (RVN), or the CIB he was entitled to based on his service with an infantry unit. However, although the record confirms he served in and participated in combat action in the RVN with a qualifying infantry unit, it also verifies that while serving in this unit, he was assigned duties in...
ARMY | BCMR | CY2003 | 2003087348C070212
The applicant states that he was not awarded the Purple Heart for his fragmentation wound that he received while serving in Vietnam. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. Therefore, he is entitled to correction of his records to show this award.
ARMY | BCMR | CY2003 | 2003087349C070212
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. In the absence of orders awarding the Purple Heart or military medical records showing the applicant was wounded as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in...
ARMY | BCMR | CY2003 | 2003087351C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence of record, and the applicant provides none, to show the FSM was wounded in action. NOTE : The Board requests that the Army Review Boards Agency Support Division – St. Louis amend the FSM’s DD Form 214 by adding the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to show he was authorized to wear the...
ARMY | BCMR | CY2003 | 2003087353C070212
The Board considered the following evidence: 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. 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.
ARMY | BCMR | CY2003 | 2003087355C070212
There is no evidence in the applicant's service personnel records which shows that he had any medically unfitting disability which required physical disability processing. However, at the time of the applicant's separation on 29 September 1992 there was no evidence of requests or considerations for a MEB by any of the applicant's treating physicians. There is also no evidence in the applicant's service personnel records which shows that he had any medically unfitting disability which...
ARMY | BCMR | CY2003 | 2003087356C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, the applicant requests physical disability retirement or discharge. APPLICANT STATES : That he should have received a medical discharge instead of a discharge under other than honorable conditions.
ARMY | BCMR | CY2003 | 2003087357C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In support of his request, he submits the second page of his enlistment physical examination, which shows that he was initially medically disqualified for enlistment because of his weight. Paragraph 3-1 of this regulation states “This chapter gives the various medical conditions and physical defects which may render a soldier unfit for further military service and which...
ARMY | BCMR | CY2003 | 2003087361C070212
The applicant requests that she be determined to be entitled to a Survivor Benefit Plan (SBP) annuity based on the election of her deceased spouse, a former service member (FSM), and her timely application for the annuity. The applicant states the FSM elected coverage under the Reserve Component SBP (RCSBP) when it was first established. It would be equitable to correct the records to show the FSM completed a DD Form 1883 electing spouse coverage, full base amount, option C and that the...
ARMY | BCMR | CY2003 | 2003087362C070212
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. On 26 August 1983, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge under other than honorable conditions. The Board reviewed the applicant’s service records, which included one nonjudicial punishment for 7 days of AWOL, a bar...
ARMY | BCMR | CY2003 | 2003087364C070212
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. The applicant requests...
ARMY | BCMR | CY2003 | 2003087365C070212
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 8 December 1971, the...
ARMY | BCMR | CY2003 | 2003087366C070212
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: However, the evidence of record clearly shows that he was convicted by a summary court-martial and he had NJP imposed against him on three separate occasions as a result of acts of misconduct.
ARMY | BCMR | CY2003 | 2003087368C070212
The applicant's reconstructed records show the applicant enlisted on 18 July 1950. 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. Therefore, the applicant is entitled to an award of the Purple Heart and correction of item 29 on his DD Form 214 to show he was wounded on 12 February 1951 in Korea.
ARMY | BCMR | CY2003 | 2003087372C070212
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: When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2003 | 2003087374C070212
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 either an honorable or general discharge. The applicant advised the agents at the time that he would go AWOL again if he was not discharged.
ARMY | BCMR | CY2003 | 2003087377C070212
Army Regulation 600-8-22 (Military Awards) provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. There is no evidence of record available and he provides no evidence, such as his service medical records, to show when or why he was hospitalized. That the...
ARMY | BCMR | CY2003 | 2003087380C070212
The applicant submitted an application to this Board on 13 April 2002 requesting that she be granted the RCSBP/SBP annuity. She was advised that RCSBP/SBP elections are made by category and not name, and since the FSM did not change his coverage to former spouse coverage, she as the spouse at the time of the FSM’s death was the eligible beneficiary. It indicated that the applicant selected his former wife by name as his RCSBP/SBP beneficiary, and since he did not change this beneficiary...
ARMY | BCMR | CY2003 | 2003087381C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, the Board noted that this excerpt shows the 261st Medical Battalion was not awarded campaign credit for an African campaign. The applicant may very well have been in North Africa, but he is not entitled to campaign credit for an African campaign merely by having served with the 261st Medical Battalion.
ARMY | BCMR | CY2003 | 2003087383C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 24 November 1986, the separation authority waived the request for a rehabilitative transfer, approved the recommendation for separation, and directed the applicant be given a general discharge. Accordingly, the applicant was discharged on 25 November 1986 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance with a general discharge.