ARMY | BCMR | CY2003 | 2003087727C070212
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. There is no evidence that the...
ARMY | BCMR | CY2003 | 2003087736C070212
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he participated in the Post-Vietnam Era Veteran's Educational Assistance Program (VEAP) The MGIB provides a program of education benefits to individuals who enter active duty for the first time after 30 June 1985 and receive an honorable discharge. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse...
ARMY | BCMR | CY2003 | 2003087739C070212
In support of his application, he submitted a copy of his DD Form 214, a DA Form 4651-R (Request for Reserve Component Assignment or Attachment), and orders discharging him from the U.S. Army Reserve (USAR). 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 the applicant enlisted in the Regular Army on 28 March 1993.
ARMY | BCMR | CY2003 | 2003087745C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 3 September 2002, the Chief, Office of Promotions, Reserve Components, PERSCOM advised the applicant that after careful review of his record, his request for a STAB was not favorably considered. Soldiers must request reconsideration if they believe their records contained a material error when it was considered.
ARMY | BCMR | CY2003 | 2003087750C070212
The Board considered the following evidence: In support of his request he submits documents showing that he broke his ankle while on active duty in 1982; his physical profile showing that he was assigned a permanent “4” designator (the most severe limitation code in a four digit field) in the lower extremity portion of the profile due to pes planus; a medical record sheet dated 26 January 1987 which stated that the applicant exhibited symptoms which would be consistent with somatoform...
ARMY | BCMR | CY2003 | 2003087760C070212
The applicant requests, in effect, award of the Army Commendation Medal. The applicant states that his section sergeant recommended him for an award of the Army Commendation Medal, but his commander denied the award stating that he had an outstanding telephone bill. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested or to excuse the applicant's failure to file this application with the ABCMR within its 3-year...
ARMY | BCMR | CY2003 | 2003087762C070212
There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for a change to the character of her discharge. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.
ARMY | BCMR | CY2003 | 2003087764C070212
The applicant was married to the deceased former service member for the majority of his military career and that, as a matter of equity, the applicant should be granted the SBP annuity. Therefore, the deceased former service member's records should be corrected to show that he changed his SBP coverage to former spouse on 8 July 1997. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the deceased former service...
ARMY | BCMR | CY2003 | 2003087770C070212
The applicant requests, in effect, that his records be corrected to show award of the Purple Heart as a result of wounds sustained in combat in the Republic of Vietnam (RVN). For Vietnam service, one overseas service bar is authorized for each period of six months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was...
ARMY | BCMR | CY2003 | 2003087772C070212
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 2 August 1963 to 1 August 1969 be corrected: to show his Vietnam service; to show award of the Vietnam Service Medal (VSM); and to show that he received campaign participation credit for two campaigns -- Counteroffensive Phase II and III. Records show the applicant should have discovered the error or injustice now under consideration on 1 August 1969; therefore, the...
ARMY | BCMR | CY2003 | 2003087773C070212
The applicant’s contentions are noted; however, there is insufficient evidence available to the Board, and the applicant has provided no evidence, which shows that he was injured or wounded while serving in Vietnam during the period April to May 1970. Records show the applicant should have discovered the error or injustice now under consideration on 13 April 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 April 1976. ...
ARMY | BCMR | CY2003 | 2003087775C070212
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. The Board has determined that the applicant has met the regulatory requirements for award of the Army Good Conduct Medal for the period 21 April 1965 through 1 April 1968; therefore, his DD Form 214 should be corrected to show this award. Based on the applicant’s dates of service in Vietnam, Appendix B of Army Regulation 600-8-22 shows...
ARMY | BCMR | CY2003 | 2003087777C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That the Purple Heart be added to the authorized awards listed on his DD Form 214 (Report of Transfer or Discharge). EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2003 | 2003087782C070212
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: He was discharged on 29 August 1980.
ARMY | BCMR | CY2003 | 2003087783C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded to honorable. The Board is aware of the applicant's prior good service; however, the type of discharge and character of service is determined solely by the military record during the current enlistment from which he was being separated.
ARMY | BCMR | CY2003 | 2003087787C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, reconsideration of his request for Correction of the appropriate military records to show a reentry eligibility (RE) code that would allow him to enlist in the Army. Although the applicant may have been able to
ARMY | BCMR | CY2003 | 2003087788C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He contends that the military made a mistake on his records and he should have a DD Form 214 for that honorable period of service. The Board considered the applicant's request that he be issued a DD Form 214 for the period of his initial enlistment.
ARMY | BCMR | CY2003 | 2003087790C070212
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 requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add award of the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the...
ARMY | BCMR | CY2003 | 2003087792C070212
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. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 2003087795C070212
On 7 September 1982, he enlisted in the Army at Fort Dix, New Jersey, for 3 years in the pay grade of E-3. Title 10, United Stated Code, section 1552, the authority under which this Board acts, provides, in pertinent part, that the Army Board for Correction of Military Records is not empowered to set aside a conviction. Additionally, he was assigned a separation code and an RE code in accordance with the appropriate regulations and there is no evidence of record to support his contention...
ARMY | BCMR | CY2003 | 2003087796C070212
The applicant requests, in effect that his father, a deceased former service member (FSM) be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal based on the CIB. The WD AGO 32-1, Report of Death, shows that the FSM, who entered active duty on 25 March 1944 was killed in action on 18 November 1944 He had served as an infantryman in Europe. Department of the Army (DA) Forms 1577 (Authorization for Issuance of Awards) show that he was considered eligible for the...
ARMY | BCMR | CY2003 | 2003087803C070212
After a thorough review of the applicant’s record and any issues submitted, the Board found no cause for clemency and therefore voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board AR Number: 2003087803...
ARMY | BCMR | CY2003 | 2003087824C070212
Based on the evidence of record, the applicant is entitled to award of the Purple Heart for wounds sustained in action against a hostile enemy on 9 June 1967 in Vietnam, and to have it added to his DD Form 214. Based on his service, he is entitled to award of the Good Conduct Medal for the period 2 March 1966 through 1 March 1969 and to have it added to his DD Form 214. a. awarding the applicant the Purple Heart for wounds sustained in combat in Vietnam on 9 June 1967; the Good Conduct...
ARMY | BCMR | CY2003 | 2003087825C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: He informed the applicant that following her father's stroke, she had elected to seek a hardship discharge for hardship reasons and failed to provide the necessary legal documentation to determine the custody of her three children, which led to the failure of her request for a hardship discharge.
ARMY | BCMR | CY2003 | 2003087826C070212
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: Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDARSUFFIXRECONDATE BOARDEDTYPE OF DISCHARGE(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)DATE OF DISCHARGEDISCHARGE AUTHORITYAR DISCHARGE REASONBOARD DECISION(NC, GRANT , DENY, GRANT PLUS)REVIEW AUTHORITYISSUES 1.2.3.4.5.6.
ARMY | BCMR | CY2003 | 2003087830C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 1 April 1966, the applicant accepted NJP for being absent from his unit on 23 March 1966. 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 | 2003087831C070212
APPLICANT REQUESTS: In effect, that his general discharge be upgraded to honorable. Accordingly, the applicant was discharged on 2 April 1986 with a general discharge under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c, for misconduct (abuse of illegal drugs). The applicant’s record of service included four nonjudicial punishments and for that reason his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.
ARMY | BCMR | CY2003 | 2003087832C070212
The applicant requests, in effect, that his Enlisted Record and Report of Separation, Honorable Discharge, WD AGO Form 53-55, be corrected to show award of the Prisoner of War (POW) Medal and the Purple Heart. Essentially, this guidance states that there is no individual emblem presented to or worn by Army soldiers who were in a unit cited by the French Government for the Croix de Guerre. a. awarding the applicant the World War II Victory Medal and adding this award to his WD AGO Form 53-55,
ARMY | BCMR | CY2003 | 2003087833C070212
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 applicant has not provided any evidence nor does his records contain any evidence to show that the applicant served in Honduras or El Salvador or that he is entitled to any awards for service in those countries.
ARMY | BCMR | CY2003 | 2003087836C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his general discharge be upgraded to honorable. Accordingly, he was discharged under honorable conditions on 25 October 1985, under the provisions of Army Regulation 635-200, chapter 9, for drug abuse rehabilitation failure.
ARMY | BCMR | CY2003 | 2003087843C070212
EVIDENCE OF RECORD : The applicant's military records show: Army Regulation 635-200 provides that an honorable discharge is a separation with honor. Army Regulation 635-200, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2003 | 2003087845C070212
The applicant was not discharged because he was in an AWOL or deserter status, but because of conviction by a special court-martial that sentenced him to a BCD. The evidence of record clearly shows that the applicant was adjudged guilty by court-martial and that the convening authority approved the sentence. After a thorough review of the applicant’s record and any issues submitted, the Board found no cause for clemency.
ARMY | BCMR | CY2003 | 2003087846C070212
The applicant requests the transfer of a DA Form 1059 dated 25 June 1999, promotion orders dated 27 September 2001 and Board proceedings dated 3 January 2003 be transferred to the Restricted fiche of his Official Military Personnel File (OMPF). The applicant states, in effect, that he has previously won his appeal before the Board and requests that his records be corrected by transferring the requested documents to the Restricted fiche of his OMPF in order that his chances for selection to...
ARMY | BCMR | CY2003 | 2003087847C070212
EVIDENCE OF RECORD : The applicant's military records show: His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the Purple Heart. Consequently, there is insufficient evidence to grant the applicant's request for award of the Purple Heart.
ARMY | BCMR | CY2003 | 2003087848C070212
He goes on, in several paragraphs of his application to this Board, questioning the statements made by the rater and senior rater in the OER in question. In a memorandum dated 1 February 1999, prepared by his SR, the applicant was again informed that his rater had changed part IVb3 from “Yes” to “No” and part Va from “Satisfactory Performance” to “Unsatisfactory Performance” in the OER and that the change was made after an AR 15-6 investigation into the command climate had been initiated. ...
ARMY | BCMR | CY2003 | 2003087849C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 28 April 1960, the applicant was convicted by a summary court-martial of the above period of AWOL. The Board carefully reviewed the applicant’s record of service and concluded that his discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.
ARMY | BCMR | CY2003 | 2003087850C070212
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. Evidence of record and item 29 on the applicant’s DD Form 214 show he was wounded in action on 7 October 1952 in Korea. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Purple Heart.
ARMY | BCMR | CY2003 | 2003087851C070212
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. APPLICANT REQUESTS: In...
ARMY | BCMR | CY2003 | 2003087855C070212
He further stated that the applicant never served as a field recruiter, was assigned to the recruiting command for less than 90 days, and should never have received a Relief for Cause NCOER. Paragraph 3-32 of this regulation states that a report is required when an NCO is relieved for cause regardless of the rating period involved. That all of the Department of the Army records related to this case be corrected by removing the Relief for Cause NCOER for the period January 1997 through May...
ARMY | BCMR | CY2003 | 2003087856C070212
The applicant requests, in effect, that her records be corrected to show that she was discharged from the United States Army Reserve (USAR) as a captain on 2 June 1995, not 3 June 1995. The applicant provides in support of her request: a copy of General Order Number 95-309-015; her USAR Personnel Qualification Record; a copy of her Honorable Discharge Certificate which contains a typographical error in the date "T [RD [day of] JUNE 1995;" an AF Form 133, Oath of Office (Military Personnel),...
ARMY | BCMR | CY2003 | 2003087857C070212
The Board considered the following evidence: The evidence of record shows that, on 5 February 1999, the applicant enlisted in the PAARNG and as a Reserve of the Army. The evidence of record shows the applicant’s rank should be SPC/E-4 and his date of rank should be 16 April 2002.
ARMY | BCMR | CY2003 | 2003087859C070212
He was attacked by an enemy truck similar to the trucks reported to be carrying firebombs. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. However, he has provided no evidence to show that his vehicle accident was the result of hostile action.
ARMY | BCMR | CY2003 | 2003087860C070212
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 evidence of record shows that on 2 May 1984, the applicant consulted with counsel before submitting his request for discharge from the service.
ARMY | BCMR | CY2003 | 2003087862C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: The evidence of record confirms that the applicant elected not to demand trial by court-martial, and that he instead elected to have the matter handled by his commander in a closed hearing.
ARMY | BCMR | CY2003 | 2003087863C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 24 November 1981 the applicant's commanding officer notified the applicant that he was initiating action to discharge him from the Army under the provisions of Army Regulation 635-200, paragraph 5-31 (Expeditious Discharge Program), and that he receive a General Discharge Certificate. The applicant has not presented and the records do not contain sufficient...
ARMY | BCMR | CY2003 | 2003087865C070212
The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 8 years. The MFR from USAREC dated 18 March 2003 confirms that the DD Form 4/3 is incorrect and should be corrected to reflect his term of enlistment as 3 years. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract (DD Form 4/3) of the individual concerned to show that he enlisted in the Regular...
ARMY | BCMR | CY2003 | 2003087867C070212
APPLICANT REQUESTS: That his records be corrected to show he elected Reserve Component Survivor Benefit Plan (RCSBP) option A. Before the law was amended as noted below, a member must have made the election within 90 days of receiving the notification of eligibility to receive retired pay at age 60 or else wait until he/she applies for retired pay and elect to participate in the standard SBP. DISCUSSION : Considering all the evidence, allegations, and information presented by the...
ARMY | BCMR | CY2003 | 2003087868C070212
The applicant executed his third reenlistment action on 18 October 2001. Soldiers eligible, but refusing to take action to satisfy military service remaining requirement will be denied further service with the execution of a Department of the Army Form 4991-R (Declination of Continued Service Statement). The evidence confirms that the applicant executed a declination of continued service statement in 1999 in order to decline an assignment as an Army recruiter.
ARMY | BCMR | CY2003 | 2003087870C070212
At the time the applicant submitted his application to the Army Board for Correction of Military Records, he was serving on active duty in pay grade E-4. The applicant's military records should be corrected to show his DA Form 3286-66 was amended 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 verify that the student loan accepted actually is eligible under the Higher Education Act of...
ARMY | BCMR | CY2003 | 2003087876C070212
However, he states that his separation document does not indicate that he completed his initial term of service and when he applied for state unemployment benefits he was denied for that reason. Records available to the Board indicate that the applicant was an enlisted member of the Texas Army National Guard between May 1995 and September 2000. There is no evidence, nor has the applicant provided any, that his period of active duty was for other than training purposes.