ARMY | BCMR | CY2003 | 03097099C070212
Counsel states, in effect, that the Physical Evaluation Board (PEB) and Army Physical Disability Agency (PDA) erred in exercising independent judgment in determining that the applicant’s asthma was not service unfitting. The fact that the applicant may have asthma, or that a variety of medical opinions differ as to the severity of his asthma, is not, in and of itself, a basis to conclude that the asthma was medically unfitting and therefore required a rating. Contrary to the applicant’s...
ARMY | BCMR | CY2003 | 03097128C070212
A medical evaluation board (MEB) report prepared on 29 March 2002 by an Air Force doctor of the 375th Medical Group, Scott Air Force Base, indicates that the applicant returned to the St. Louis area after his release from active duty, and was seen by that doctor in April 2001 because of left sided rib pain. The report indicates that prior to being diagnosed with his left anterior rib pain, the applicant had a history of mild hypertension for which he was on Atenolol, and mild lower back...
ARMY | BCMR | CY2003 | 03097162C070212
Counsel maintains that previous denials keyed in on the TET Offensive, but skipped over the fact that the MAC-V Team was without a United States Army Medic, and that the applicant went “on more missions than the one he was wounded on.” He states award of the Bronze Star Medal with “V” device is not the same as being awarded the Combat Medical Badge. Another, undated statement, which was previously seen by the Board, supported a recommendation for a “meritorious Bronze Star.” In...
ARMY | BCMR | CY2003 | 03097212C070212
The TADLP Enrollment History, provided by the applicant, indicates that in July 2003, just prior to receiving notification that he had been considered and not selected for promotion to major a second time, the applicant enrolled in the Reserve Component Transportation Officer Advanced Course Phase I. All 12 courses associated with that OAC were issued to the applicant on 10 July 2003 and by 29 September 2003 the applicant had completed all of the course requirements. Army Regulation...
ARMY | BCMR | CY2003 | 03097220C070212
The War Department Adjutant General Office Form 106, which was initiated by the applicant 1 day prior to his discharge, indicates "the personnel records of the individual shown above contain no evidence or authorization for the following decorations and/or citations" and that the applicant was submitting a claim for the Purple Heart. In response to his request, a 20 November 1946, letter notes that “since the records do not show that you were wounded in action against the enemy your request...
ARMY | BCMR | CY2003 | 03097249C070212
The applicant was discharged from the Army Reserve on 15 March 1985. Army Regulation 40-3, chapter 7, provides for medical evaluation boards (MEBs), and that they are convened to document a service member’s medical status and duty limitations insofar as duty is affected by the member’s medical status. There is no evidence and the applicant has not submitted any to show that he was physically unfit at the time of his discharge.
ARMY | BCMR | CY2003 | 03097380C070212
The applicant states that he should have been medically discharged. On 26 August 1971 the applicant had a formal hearing before the Army Discharge Review Board in order to have his discharge upgraded. He stated that he wanted to have his discharge corrected and would appreciate any help from the board.
ARMY | BCMR | CY2003 | 03097406C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the records of his father, a deceased Army officer, be corrected to show that his unit of assignment at the time of his death was the 61st Field Artillery Regiment (Philippine Army) and not the 23rd Field Artillery Regiment (Philippine Scouts). The most official document, which is available to the Board, is the typed casualty report, prepared on 12 November...
ARMY | BCMR | CY2003 | 03097442C070212
In effect, the applicant requests that his record be corrected to show that he reenlisted in the Army Reserve on 5 August 1995 in order for him to maintain his Reserve affiliation and continue to receive VSI (voluntary separation incentive) payments. The applicant provides a copy of his last available DD Form 4/1-E (Enlistment/Reenlistment Document), a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), and a copy of an order discharging him from the Army...
ARMY | BCMR | CY2003 | 03097446C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that “Sherman” was her name at the time she exited the military and that although she was married to Mr. Ralston at the time, she kept her maiden name. She states that she submitted a request to have her name changed to “Sherman” at the time she married Mr. Ralston, “but evidently it was not processed.” 3.
ARMY | BCMR | CY2003 | 03097458C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 601-210 states that a waiver is required for any applicant who was separated or discharged from any component of the United States Armed Forces for entry level performance or conduct. The evidence shows that the applicant acknowledged, as part of her separation processing, that she would be precluded from enlisting in the Army for a period of 2 years.
ARMY | BCMR | CY2003 | 03097461C070212
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. The fact that units of the 310th departed Europe in August 1945, which coincided with the applicant’s departure, and the fact that the 34th Infantry did not depart Europe until November 1945, further supports the conclusion that the 310th Engineer Combat Battalion was likely the unit the applicant returned to...
ARMY | BCMR | CY2003 | 03097611C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. In an undated memorandum, the applicant’s battalion commander reiterated the applicant’s claim that she was told not to worry about her excess household goods and that she had been informed that if she was charged at all she would received notification “well ahead of time.” He confirmed that the applicant submitted an application for remission/cancellation of her debt on the same day she...
ARMY | BCMR | CY2003 | 03097665C070212
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 APRIL 2004 DOCKET NUMBER: AR2003097665 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. DISCUSSION AND CONCLUSIONS: The evidence confirms that the applicant was awarded two Purple Hearts as a result of...
ARMY | BCMR | CY2003 | 03097740C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. His record should be corrected to show award of the Vietnam Service Medal with four bronze service stars (one for each campaign). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart, the Combat Infantryman Badge, the Army Good Conduct Medal, the Vietnam Service Medal with four bronze...
ARMY | BCMR | CY2003 | 03097747C070212
In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal under the provisions of Section 1130 of Title 10, United States Code. The applicant’s military records are not available to the Board. There were no medical records available to the Board and none were provided by the applicant.
ARMY | BCMR | CY2003 | 03097777C070212
The applicant states that he had severe stress fractures and shin splints on both legs, a lower back injury, and depression; however, the Physical Evaluation Board (PEB) only rated him zero percent disabled because of his right tibia, and because of time constraints failed to rate him for his lower back injury and depression. On 23 July 2003 a Physical Evaluation Board (PEB) determined that the applicant's condition – periostitis, right tibia with leg pain, without limitation of motion, was...
ARMY | BCMR | CY2003 | 03097829C070212
The applicant requests physical disability retirement or separation. The applicant's medical records are not available to the Board. Notwithstanding the physician's statement that he provides with his request, there is no evidence that he had any unfitting medical condition during his period of service or at the time of his release from active duty in November 1971.
ARMY | BCMR | CY2003 | 03097832C070212
The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. 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 | 03097858C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence confirms that the applicant was wounded in action and awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that he was awarded the Purple Heart; b. showing that he qualified as a marksman with the M-16 automatic rifle, and as a first class gunner (now referred to as a...
ARMY | BCMR | CY2003 | 03097860C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence also confirms that the applicant was awarded an Army Commendation Medal for meritorious service during the period August 1968 to January 1969 which was omitted from his separation document. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. confirming the applicant was awarded the Purple Heart and...
ARMY | BCMR | CY2003 | 03097873C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 evidence confirms the applicant was wounded in action and awarded the Purple Heart.
ARMY | BCMR | CY2003 | 03097903C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. In January 1970 the applicant departed Vietnam and was assigned to Fort Sill, Oklahoma.
ARMY | BCMR | CY2003 | 03097906C070212
On 1 May 2000 the applicant's commanding officer requested that the applicant receive a medical evaluation, stating that the applicant was in an automobile accident in June 1999 while on active duty. Evidence concerning the applicant's discharge from the Army National Guard is not available. Physical evaluation boards are established to evaluate all cases of physical disability equitability for the Soldier and the Army.
ARMY | BCMR | CY2003 | 03097909C070212
On 18 April 1987 the applicant's commanding officer requested funds for incapacitation pay for the applicant for the period 7 March 1987 to 6 June 1987. In an 18 November 1987 memorandum for the Adjutant General's Department, Texas Army National Guard, the applicant's commanding officer stated that the unit had been attempting to board the applicant for a double bypass on 22 December 1985, and that the applicant had not attended unit drills since 17 November 1985 due to his medical...
ARMY | BCMR | CY2003 | 03098017C070212
There were no service medical records available to the Board, or provided by the applicant, beyond the 1994 line of duty report. When a solider is being processed for separation for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the soldier is scheduled for separation, is an indication that the applicant is fit. There is no evidence, and the applicant has not provided any, which confirms that she was...
ARMY | BCMR | CY2003 | 03098031C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 1 May 1967 the sentence was affirmed and the bad conduct discharge ordered to be executed. The record of trial by general court-martial is not available to the Board; however, absent evidence to the contrary the applicant's conviction for larceny and conspiracy to commit larceny, his sentence to confinement, and his bad conduct discharge are correct.
ARMY | BCMR | CY2003 | 03098072C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Counsel states the applicant was “wounded in action in a combat encounter…on 22 October 1942.” Counsel notes that the Department of Veterans Affairs granted the applicant disability for “pre-service gunshot wound of the right upper extremity which was aggravated during wartime service.” Therefore, counsel asks that all doubt be resolved in the applicant’s favor and he be awarded the...
ARMY | BCMR | CY2003 | 03098094C070212
Neither the photograph, nor the Department of the Army Form 2-1, utilized by the 1998 QMP board was available to this Board. The applicant’s appeal of his 1998 QMP action focused on his belief that the bar to reenlistment was based on his wearing of a Joint Meritorious Unit Award. Clearly the discrepancies between the applicant’s official photograph and the information contained on his Department of the Army Form 2-1 contributed to the QMP actions.
ARMY | BCMR | CY2003 | 03098135C070212
She also requests that her DD 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that she served in her primary specialty of 14T10 (Item 11 of that form), that she was awarded the Army Service Ribbon and the National Defense Service Medal (item 13), that item 14 show the military course that she completed, that item 15a be corrected to show that she did contribute to post-Vietnam era Veteran's Educational Assistance Program, and that item 17 be corrected to show...
ARMY | BCMR | CY2003 | 03098139C070212
She would have had nearly 4 years of active service as a member of the United States Air Force, and 6 more months of active duty while serving in the Office, Chief Army Reserve between 1998 and 1999. 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. Department of the Army Circular 635-92-1, which outlines the policies and procedures for entitlement to...
ARMY | BCMR | CY2003 | 03098164C070212
The Board notes that the April 2002 memorandum, which returned the applicant’s appeal of his performance evaluation reports also noted, in addition to the need for a published rating chain, that the applicant should have also submitted a copy of his Enlisted Records Brief and a certified copy of his Department of the Army Form 2-1, supporting documents not filed in his OMPF, substantiating evidence and third party statements that could add credence to his contentions and knowledge of his...
ARMY | BCMR | CY2003 | 03098196C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 5 November 1952 the applicant was treated for pneumonia and was hospitalized for one week at an Army hospital in Japan. His medical records, which he submits with his request, are correct as depicted.
ARMY | BCMR | CY2003 | 03098208C070212
In a 12 June 2001 letter to the applicant from the PERSCOM Awards Branch, the applicant was informed that “the final decision to approve an award and which award is appropriate are decisions made by the commander having award approval authority.” The letter also informed the applicant, that Title 10, United States Code, Section 1130, allowed referral of an award recommendation, including upgrading of previously approved awards, by a member of congress. In a 28 October 2003 letter to the...
ARMY | BCMR | CY2003 | 03098211C070212
In a 1994 letter, included with his application to the Board, he stated that there was a War Department letter dated in 1945 that he was treated for frostbite in January 1945 and trench foot in March 1945. The applicant provides extracts from his Department of Veterans Affairs records, several letters authored by him over the years to various military agencies and officials, a copy of the 1945 note from his commander indicating that he was recommending him for the Silver Star for...
ARMY | BCMR | CY2003 | 03098228C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. With the exception of documents associated with the treatment of the applicant’s trench foot and medical processing, the applicant’s remaining military records, including a separation document, were not available to the Board for review. Nevertheless, the case comes down to diagnosis and the medical authorities who were present on the scene and had the authority to award the Purple Heart.
ARMY | BCMR | CY2003 | 03098252C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Her orders for initial entry training were subsequently revoked and by August 2002 the applicant’s unit commander notified her that she was being considered for administrative separation as a result of the positive drug test. While the applicant has not submitted any evidence confirming her debt, based on the amount she claims ($260.00), she was covered by the SGLI for 13 months.
ARMY | BCMR | CY2003 | 03098272C070212
If his condition was severe enough for the VA to grant him a 30 percent disability rating, then he should have received a medical discharge from the Army. On 30 August 2000 the VA notified the applicant that his optic neuritis to his left eye was service connected with a 30 percent disability rating. The VA, which has neither the authority, nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines...
ARMY | BCMR | CY2003 | 03098361C070212
Although the applicant’s Official Military Personnel File (OMPF) from her enlisted active duty service was available to the Board, only her Cadet Record Brief was available from her time as an ROTC cadet. The statement of support, submitted by the PMS at the University of Oklahoma stated that the applicant went through an extreme personal hardship while contracted as an Army ROTC scholarship cadet, and that following the death of her first brother in 1995 she “drove to Texas every weekend...
ARMY | BCMR | CY2003 | 03098364C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The findings and recommendation of the informal board were approved and on 7 June 1999 the applicant was honorably discharged by reason of a physical disability which “existed prior to service.” Item 18 (Remarks) on his separation document, however, contains the statement “DISABILITY SEVERANCE PAY-- $10612.80.” 7. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2003 | 03098384C070212
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that she was released from active duty on 9 September 1989 vice the 18 October 1988 date shown. On 19 May 1988 the applicant requested early separation to attend school with a requested separation from duty of 10 September 1988, with terminal leave from 10 September 1988 to 13 October 1988. She was released from active duty early in order to attend school; however, the...
ARMY | BCMR | CY2003 | 03098406C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry (RE) codes, based on their service records or the reason for discharge.
ARMY | BCMR | CY2003 | 03098414C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. There were no service medical records available to the Board, or provided by the applicant. Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 March 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 11 March 1973.
ARMY | BCMR | CY2003 | 03098415C070212
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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart; and b. showing entitlement to the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge, a Distinguished Unit Citation (now known as the...
ARMY | BCMR | CY2003 | 03098438C070212
Patrick McGann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The regulation states that noncommissioned officers holding the grade of master sergeant at retirement, whose records show successful service as a first sergeant will be placed on the retired list in the grade title “first sergeant.” The Soldier must be serving in, and retiring in the grade of master sergeant, must possess Special Qualification Identifier “M,”...
ARMY | BCMR | CY2003 | 03098522C070212
Section 1415 states that a Reserve officer who is in an active status and who reaches age 60 will be transferred to the Retired Reserve if qualified and requests such transfer, or be discharged from the Army Reserve. Army Regulation 135-155 provides the policy for selecting and promoting commissioned officers of the Army Reserve and states in effect that a report of a selection board exists after the promotion board issues a signed board report. As a result, the Board recommends that all...
ARMY | BCMR | CY2003 | 03098531C070212
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 APRIL 2004 DOCKET NUMBER: AR2003098531 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. There is however, no evidence that the applicant or her unit participated in an operation for which the Armed...
ARMY | BCMR | CY2003 | 03098535C070212
The applicant states that the Department of Veterans Affairs (VA) awarded him a 70 percent disability rating for the same medical conditions for which the Army awarded him a 10 percent rating. On 13 October 2000 the VA awarded the applicant a 40 percent disability rating for myofascial pain syndrome (claimed as low back pain, bilateral foot pain, and vertigo like symptoms), a 10 percent rating for residuals of a fracture of his distal right ulna with right wrist pain, and a 20 percent...
ARMY | BCMR | CY2003 | 03098710C070212
In effect, the applicant requests award of the Bronze Star Medal and the Army Commendation Medal. The evaluation reports prepared on the applicant show that he was indeed an outstanding officer, performing vital services in Vietnam and performing duties exceptionally well, beyond that expected of a junior officer, in a position that would appear to be more suited to that of a field grade officer. The applicant's request to correct his record to show award of the Bronze Star Medal and the...
ARMY | BCMR | CY2003 | 03098711C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that he was granted a “clemency discharge” in 1976 and just recently received a copy of his Department of Defense Form 215 (Correction to DD Form 214, Report of Separation from Active Duty). On 16 October 1972 the applicant’s bad conduct discharge was executed and he was discharged under other than honorable conditions and issued a Bad Conduct Discharge Certificate.