ARMY | BCMR | CY2003 | 2003088459C070403
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 a general or honorable discharge. On 18 October 1983, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
ARMY | BCMR | CY2003 | 2003088460C070403
Counsel requests that the Board grant the applicant's request to upgrade his discharge to honorable (sic). Public Law 95-126, enacted on 8 October 1977, provided in general that no VA benefits could be granted based on any discharge upgraded under the Ford memorandum of 19 January 1977, or the DOD Special Discharge Review Program. His period of excellent service along with his awards were previously considered by the ADRB when that Board upgraded his Undesirable Discharge to General –...
ARMY | BCMR | CY2003 | 2003088464C070403
Evidence of record shows that the applicant was wounded, as a result of hostile action, on 31 August 1970. Therefore, he is entitled to correction of his records to show award of the Purple Heart. Therefore, the Board determined that the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.
ARMY | BCMR | CY2003 | 2003088467C070403
The application submitted in this case is dated 3 March 2003. On 7 March 1983 the applicant’s unit commander initiated action to administratively separate the applicant from active duty under the provisions of Army Regulation 635-200, Chapter 9. Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE codes.
ARMY | BCMR | CY2003 | 2003088470C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 6 May 1983, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge. The evidence of record clearly shows that he went AWOL twice and then he submitted a request for discharge in lieu of trial by court-martial after he consulted with counsel.
ARMY | BCMR | CY2003 | 2003088472C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his records be corrected by upgrading his discharge. 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 | 2003088474C070403
For Vietnam service, one OSB is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. 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 BSSs for wear on his Vietnam Service Medal. Therefore, he is entitled to correction of his records to show award of 2 OSBs.
ARMY | BCMR | CY2003 | 2003088475C070403
The evidence of record shows the applicant was inducted into the Army of the United States on 3 June 1968 for a period of 2 years. There is no indication in the applicant's military personnel records that he was recommended for award of the PH for his service in Vietnam. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board to correct.
ARMY | BCMR | CY2003 | 2003088477C070403
Army Regulation 635-5-1, in effect at that time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation shows that the separation program designator (SPD) "JKK", as shown on the applicant’s DD Form 214, is appropriate for discharge when the narrative reason for discharge is "misconduct, commission of a...
ARMY | BCMR | CY2003 | 2003088478C070403
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 November 2003 DOCKET NUMBER: AR2003088478 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. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or...
ARMY | BCMR | CY2003 | 2003088482C070403
The applicant states that his address at the time of his discharge was ________________ Chicago, Illinois not Carson, Mississippi which was his place of birth. His DD Form 214 shows he was separated in the rank of private E-2 with a date of rank of 15 May 1968. There is no evidence of record which shows the applicant was promoted to SGT/E-5.
ARMY | BCMR | CY2003 | 2003088483C070403
APPLICANT REQUESTS: That the award of the Silver Star awarded to him for action on 28 January 1945 be upgraded to the Medal of Honor. The citation for this award of the applicant's Silver Star states: Records show that, on 18 May 1999, the applicant’s representative submitted a request to the President of the United States to upgrade the applicant’s Silver Star to the Medal of Honor.
ARMY | BCMR | CY2003 | 2003088484C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, the report of separation provided by the applicant shows: 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 | 2003088486C070403
The Board considered the following evidence: As part of the applicant’s enlistment processing he signed a Department of the Army Form 3286-66 (Statement of Understanding United States Army Incentive Enlistment Program) indicating that he understood “that under this program (LRP) that the government will repay a designated portion of any loan I incurred that was made, insured or guaranteed, under Part B of the Higher Education Action of 1965 (Guaranteed Student Loan) or any loan under Part E...
ARMY | BCMR | CY2003 | 2003088487C070403
She acknowledged that she reentered active duty in the Regular Army 34 days after she was released from active duty, that she did not have a break in service, and was told that unless she returned to MOS 79R she would be reduced two grades and had to reclassify in either MOS 92Y or MOS 92G. He cited that the Chief, Reclassification Branch, PERSCOM stated, "An exception to policy was granted to allow the soldier reentry into active Army service in 92Y at SGT [sergeant]. They further pointed...
ARMY | BCMR | CY2003 | 2003088488C070403
The applicant appealed the QMP action, and submitted the same packet he now provides to this Board in support of this appeal. If, for whatever reasons, the relief does not occur on the date the NCO is removed from his or her duty position or responsibilities, the suspended period of time between the removal and the relief will be nonrated time included in the period of the relief report. The evidence of record confirms that on 2 October 1996, subsequent to the completion of the...
ARMY | BCMR | CY2003 | 2003088490C070403
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 | 2003088493C070403
The applicant enlisted in the U. S. Marine Corps in the grade of E-2 and it cannot be determined from the available evidence if he received any enlistment bonus. jurisdiction to stop any enlistment bonus in this case, any such bonus would be a legitimate factor to consider in granting or denying equitable relief regarding the ROTC debt. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.
ARMY | BCMR | CY2003 | 2003088494C070403
He stated that after reviewing the applicant's December 2000 body fat content worksheet and his height and weight data dating back to February 1999, evaluation reports, and related medical documentation, he believed that his weight gain of approximately 18 pounds was directly related to his hernia, the repair surgery, and his physical inability to conduct a rigorous fitness regime from December 2000 through October 2001. Therefore, the applicant's record should be corrected to show that he...
ARMY | BCMR | CY2003 | 2003088497C070403
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: Such conditions must be discovered during the first six months of active duty, and such findings will result in an EPSBD.
ARMY | BCMR | CY2003 | 2003088498C070403
On 31 March 1978, he enlisted in the U.S. Army Reserve. Army Regulation 135-155 (Army National Guard and Army Reserve Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, it requires 7 years time in grade (TIG) as a CPT to be considered for mandatory promotion to MAJ or a minimum of 4 years TIG to be eligible for consideration for a unit vacancy promotion. The Board determined that the evidence presented and the merits of this case...
ARMY | BCMR | CY2003 | 2003088499C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that the prior decision of the Army Board for Correction of Military Records (herein referred to as the Board) did not explain why retroactive pay and allowances were not paid him based on the Board’s favorable granting of an earlier effective date of rank. BOARD VOTE: ________ ________ ________ GRANT RELIEF ________ ________ ________ GRANT FORMAL...
ARMY | BCMR | CY2003 | 2003088513C070403
EVIDENCE OF RECORD : The applicant's military records show: The 1 April 1987 Board panel recommended in part that all rights, privileges, and property lost by the applicant as a result of his Article 15 and his 18 July 1983 discharge be restored to him and that his records be corrected to show he remained on active duty until 23 December 1985. NOTE : The Board requests that the Army Review Boards Agency Support Division – St. Louis correct the applicant's records by voiding the general...
ARMY | BCMR | CY2003 | 2003088519C070403
The applicant’s military records show that he enlisted in the Regular Army on 17 February 1984. However, the Board has determined that it would be appropriate to amend these orders to show the applicant was awarded the Army Good Conduct Medal (Fifth Award) for this period. That so much of the application as it relates to the Army Good Conduct Medal (Fourth Award) for the period 6 February 1993 through 5 February 1996 be denied.
ARMY | BCMR | CY2003 | 2003088520C070403
Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. The evidence of record confirms that the applicant’s conviction and discharge with appropriate RE code were effected in accordance with applicable law and regulations in effect at the time, and that his trial by court-martial was warranted by the gravity of the offenses with which he was charged. The...
ARMY | BCMR | CY2003 | 2003088521C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. At the time of the applicant’s induction, the Army was using military service number (MSN) and not social security account number. Evidence shows the applicant was inducted into the Army under the name of ______, and used this name through out his military service.
ARMY | BCMR | CY2003 | 2003088529C070403
The applicant requests, in effect, that the Enlisted Qualitative Retention Board (EQRB) decision to discharge him from the Puerto Rico Army National Guard (PRARNG) be overturned. On 13 June 1997, the Office of the State Adjutant General notified the applicant that he had completed the required years of service to be eligible for retired pay upon applicant’s application at age 60 (20-Year Letter). The evidence of record shows that the applicant's record appeared before an EQRB for selective...
ARMY | BCMR | CY2003 | 2003088530C070403
Counsel requests the applicant's DD Form 214 be changed to reflect the award of the PH, the CIB, the Good Conduct Medal (GCMDL), the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and any other awards for which the applicant is qualified. On 13 September 1970, General Orders Number 204 awarded the applicant the PH for wounds received on 12 September 1970. This document show the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross Unit...
ARMY | BCMR | CY2003 | 2003088533C070403
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. 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. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Army of Occupation Medal...
ARMY | BCMR | CY2003 | 2003088544C070403
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: However, there is a separation document (DD Form 214) on file that confirms that on 23 December 1974, he received an UD discharge under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial.
ARMY | BCMR | CY2003 | 2003088559C070403
The evidence of record shows the applicant was a POW from 15 February 1951 to 18 February 1951, a period of three days. There is no evidence which shows the applicant was in a promotable status prior to his POW status. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.
ARMY | BCMR | CY2003 | 2003088561C070403
Counsel also states that the applicant was seen by the VA and was rated as 100 percent disabled effective 12 October 1999. Physical evaluation boards are established to evaluate all cases of physical disability equitability for the soldier and the Army. Operating under its own policies and regulations, the VA, which has neither the authority nor the responsibility for determining medical unfitness for military duty, awards ratings because a medical condition is related to service...
ARMY | BCMR | CY2003 | 2003088562C070403
The evidence of record confirms that the applicant completed 3 months of active duty service completing his ADT between 18 June and 17 September 1976. Further, there is no indication that this active duty service was documented in a DD Form 214 or that it was accounted for in the DD Form 214 issued to the applicant upon his retirement on 30 April 1997. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.
ARMY | BCMR | CY2003 | 2003088563C070403
There is no evidence of record, and none provided by the applicant, to show that he was injured or wounded as a result of enemy action and entitled to awards of the Purple Heart. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the...
ARMY | BCMR | CY2003 | 2003088566C070403
He was released from active duty on 8 January 1996 after 13 years, 5 months, and 25 days of service and placed on the Temporary Disability Retired List (TDRL). Block #14 of the applicant's DD Form 214 was not correctly completed when the applicant separated. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2003 | 2003088568C070403
The applicant’s military records are not available to the Board for review. The applicant's DD Form 214 shows the Korean Service Medal with two bronze service stars and the United Nations Service Medal as authorized awards. The evidence of record shows the applicant completed a period of honorable service from 25 September 1950 through 12 September 1953.
ARMY | BCMR | CY2003 | 2003088570C070403
The applicant’s military records show that he was inducted into the Army of the United States on 10 March 1967 and entered active duty on 21 September 1967. The evidence of record confirms that the applicant was awarded the SS for gallantry in action in the RVN on 5 and 6 March 1969. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned earned the Silver Star Medal; that based on his campaign participation and service in...
ARMY | BCMR | CY2003 | 2003088571C070403
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 | 2003088572C070403
The applicant's military records are not available to the Board for review. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the EAME with one bronze service star.
ARMY | BCMR | CY2003 | 2003088576C070403
The applicant requests that his records be corrected to reflect award of the Purple Heart. The exact dates of his assignment to Vietnam were not available to the Board. However, orders issued by the 41 st Artillery Group on 22 May 1969, several months after the applicant's separation from active duty, awarded him the Purple Heart for wounds sustained on 19 January 1969.
ARMY | BCMR | CY2003 | 2003088578C070403
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: The Board determined that since the applicant is requesting clemency based on his post-service conduct, it would be in the interest of justice to excuse failure to timely file and consider the case on its merits.
ARMY | BCMR | CY2003 | 2003088580C070403
The applicant is requesting correction of an error or injustice which occurred on 30 September 1976, the date his undesirable discharge (UD) was upgraded to a GD by the Army Discharge Review Board (ADRB). At the time of the applicant's separation, a UD or a GD was appropriate. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's...
ARMY | BCMR | CY2003 | 2003088587C070403
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 bad conduct discharge (BCD) be upgraded to a more favorable discharge.
ARMY | BCMR | CY2003 | 2003088607C070403
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. DISCUSSION : Considering...
ARMY | BCMR | CY2003 | 2003088635C070403
It states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1-year period. At the time the applicant enlisted in the MDARNG on 2 February 1980, he knew he was enlisting in the Maryland Army National Guard and as a Reserve of the Army. The Board is sympathetic with the problems he alleges to have encountered with his grandparents' illnesses and their lack of transportation to get medical treatment when he enlisted; but...
ARMY | BCMR | CY2003 | 2003088638C070403
He dates the discovery of the error or injustice as February 2003 when he applied for GI Bill benefits and discovered that he was 2 days short of qualifying for full benefits. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing in item 12b of his 214 that he was separated...
ARMY | BCMR | CY2003 | 2003088640C070403
The applicant requests, in effect, correction of her records to show she completed her obligation under the Specialized Training Assistance Program (STRAP) in December 1996 as shown on her original contract she signed on 2 July 1990. The evidence of record shows the applicant signed a DA Form 5685-R, version dated March 1990, for participation in the New STRAP. However, the applicant's contract also shows she acknowledged that she had incurred a service obligation of 2 years for each year...
ARMY | BCMR | CY2003 | 2003088643C070403
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. The Board reviewed the applicant’s record of service which included three nonjudicial punishments and 72 days of lost time and determined that his quality of service did not meet the standards of acceptable...
ARMY | BCMR | CY2003 | 2003088646C070403
Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) also shows the unit, to which the applicant was reassigned, the 982th Signal Service Company, was cited for award of the Army of Occupational Medal with Germany Clasp for service from 2 May to 14 August 1945. By regulation, in order to award the Purple Heart it is necessary to establish that a soldier was wounded or injured in action. Evidence shows that the applicant’s records contain...
ARMY | BCMR | CY2003 | 2003088647C070403
There are also no other award orders or other documents on file in the MPRJ that indicate that the applicant was ever recommended for or awarded the BSM with “V” Device while serving in the RVN. Paragraph 6-5 of the awards regulation contains guidance on the “V” Device. However, although the record confirms he was awarded the BSM for meritorious service, it contains no evidence to indicate that he received the “V” Device with this award or with any other award he received during his tenure...