ARMY | BCMR | CY2003 | 2003089412C070212
The applicant requests that the Record of Proceedings Under Article 15, UCMJ (DA Form 2627), which records the nonjudicial punishment (NJP) she accepted on 30 July 1997, be removed from the restricted portion of her Official Military Personnel File (OMPF) fiche. The document will not be removed from a fiche or moved to another part of the fiche unless directed by the following: (1) The Army Board for Correction of Military Records (ABCMR). (3) Army appeal boards.
ARMY | BCMR | CY2003 | 2003089414C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant submits a copy of an extract of Army Regulation 27-10, portions of which he has highlighted, "Punishment will not be imposed unless the commander is convinced beyond a reasonable doubt … that the soldier committed the offense(s)," and, "Unless otherwise provided by regulations of the Secretary concerned, a commander may impose nonjudicial punishment upon any...
ARMY | BCMR | CY2003 | 2003089417C070212
The ESRB stated that the applicant noted she had received three different "draft" (quotation marks in the original) NCOERs with varying SR comments and evaluations and that her evaluation was changed and the rating lowered after the second Commander's Inquiry. The applicant requested a Commander's Inquiry regarding the contested NCOER. It appears that as a result of this Commander's Inquiry, a second version of the NCOER, signed by the applicant and all rating officials on 21 January 1998,...
ARMY | BCMR | CY2003 | 2003089419C070403
The applicant requests that her enlistment contract be corrected to reflect that she enlisted under the Army Civilian Acquired Skills Program (ACASP) and that she was authorized an accelerated promotion to the pay grade of E-5 effective 23 October 2002. The Board granted relief in both of the applicant's cases (AR1999020793 and AR1999020967). Notwithstanding the advisory opinion from the G-1, the Board is convinced based on the evidence presented and the evidence of record that the...
ARMY | BCMR | CY2003 | 2003089424C070403
He further states that he should have received a medical discharge because he was not medically qualified to serve. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates in Block 21 (Signature of Member Being Separated), "Soldier not available to sign." Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2003 | 2003089426C070403
The applicant provides a letter from the former commander, which indicates that he was the commander of the 8 th Army Ranger Company (8213 th Army Unit) from 25 August 1950 to 1 March 1951 and requests that the applicant be awarded the CIB. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214. Notwithstanding the absence of complete records, there is sufficient evidence...
ARMY | BCMR | CY2003 | 2003089432C070403
On 2 April 1981, the applicant was separated with an under other than honorable conditions discharge. The applicant's available records do not show that he had a medical problem with his hips. 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 failure to timely file this application within the 3-year statute of limitations...
ARMY | BCMR | CY2003 | 2003089433C070403
There are no medical treatment records on file and the applicant has failed to provide any evidence to show he was ever treated for a lower back injury while serving in the RVN, or that he was ever wounded or injured in action. The evidence of record shows that at the latest, the applicant should have discovered the PH error or injustice now under consideration on the date of his separation, 9 April 1971; therefore, the time for him to file a request for correction of his record regarding...
ARMY | BCMR | CY2003 | 2003089434C070403
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: Army Regulation 600-8-22 provides the authority for the award of decorations and awards.
ARMY | BCMR | CY2003 | 2003089439C070403
The applicant states that all of his officer evaluation reports were not present for consideration by the 2002 promotion board. Based upon review by the Office of Promotions, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected by the 2002 Reserve Components Selection Board (RCSB). The applicant’s records contained material error when reviewed for promotion to CW4 by the...
ARMY | BCMR | CY2003 | 2003089450C070403
APPLICANT STATES : That the Warrant Officer Branch at the U.S. Reserve Army Personnel Command (AR-PERSCOM) denied him the opportunity to attend the Warrant Officer Advanced Course (WOAC) from 18 March 2002 to 12 April 2002 because he was "inappropriately" listed on the Active Retired List. This regulation specifies that promotion reconsideration by a standby promotion advisory board may only be based on erroneous nonconsideration or material error which existed in the record at the time of...
ARMY | BCMR | CY2003 | 2003089455C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow him to enlist in the United States Army Reserve (USAR) or the Army National Guard (ARNG) so that he can complete his last three years of military service. A review of the available records shows that he had NJP imposed against him again on 10...
ARMY | BCMR | CY2003 | 2003089457C070403
APPLICANT REQUESTS: In effect, that his date of rank to first lieutenant (1LT) be adjusted to show 25 November 1998 and that he be awarded constructive service credit towards the rank of captain based on his education and work experience. EVIDENCE OF RECORD : The applicant's military records show: The Board notes that the applicant was awarded a Master of Arts Degree in Behavioral Science prior to his commission in the Medical Service Corps in primary specialty 70B (Health Services...
ARMY | BCMR | CY2003 | 2003089463C070403
The applicant states, in effect, that he should be allowed to retire in the rank of CW5 because he was selected for promotion to the rank of CW5, effective 4 December 1992, prior to his retirement from the United States Army Reserve (USAR) on 1 October 1992, to attend graduate school. This is when the transfer is being made because of physical disability, or as a result of completing the number of years of service, or reaching the age at which retirement, transfer to the Retired Reserve, or...
ARMY | BCMR | CY2003 | 2003089464C070403
His records also contain an order dated 15 October 1996 which discharged him from the USAR in the pay grade of E-6. The deployment orders provided by the applicant show that he was ordered to active duty in the pay grade of E-6 for a period of 1 years in support of Operation Enduring Freedom. Although the available records do show that he was evaluated in 1992 as a SSG and that he was discharged in 1996 in the pay grade of E-6, there are no promotion orders contained in the available...
ARMY | BCMR | CY2003 | 2003089465C070403
The applicant states that his 1998 officer evaluation report was never forwarded for profiling and was not seen by the 2002 promotion board. Based upon review by the Office of Promotions, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected by the 2002 Reserve Components Selection Board (RCSB). The applicant’s records contained material error when reviewed for promotion to...
ARMY | BCMR | CY2003 | 2003089470C070403
APPLICANT REQUESTS: That her records be submitted to a special selection board for promotion reconsideration to captain. An official of that branch stated that the applicant had submitted a request for consideration by a special selection board, and that her request was denied sometime in September 2002. Standby advisory boards are formed to prevent any injustice to an officer or former officer who was eligible for promotion but whose records, through error, were not submitted to a...
ARMY | BCMR | CY2003 | 2003089482C070403
The physician nor her command recommended the applicant for a Medical Evaluation Board (MEB) or any form of physical disability processing. A waiver of nonparticipation may be granted only on a one-time basis for failure to earn the required 50 points during a retirement year. There is no evidence in the applicant’s record to show that she requested a one-time waiver of her removal based on her circumstances at the time.
ARMY | BCMR | CY2003 | 2003089486C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He states that he could not deal with his marital problems while in the Army and this affected his military duties. Paragraph 15-3b, provides for the separation of members based on an admission of homosexuality.
ARMY | BCMR | CY2003 | 2003089488C070403
The evidence of record confirms that the applicant was awarded the SS for gallantry in action on 4 February 1968, while he was serving as a specialist four (SP4) in the RVN. However, the evidence does show that the applicant’s record contains an administrative error that does not require action by the Board. Therefore, the Board requests that the ARBA Support Division-St. Louis administratively correct the records of the individual concerned to show he was awarded the Silver Star and that...
ARMY | BCMR | CY2003 | 2003089498C070212
An Army disability rating is intended to compensate an individual for interruption of a military career after it has been determined that the individual suffers from an impairment that disqualifies him or her from further military service. The medical evidence of record establishes that the applicant was physically unfit at the time of his separation from the service. While the applicant, in retrospect, may not agree with the decision made at the time, without sufficient evidence to show...
ARMY | BCMR | CY2003 | 2003089501C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The USAPDA stated that only this Board has that authority. The MEB recommended that the applicant be referred to a Physical Evaluation Board (PEB).
ARMY | BCMR | CY2003 | 2003089503C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : That he was only 17 years old when he enlisted in the Army and that he was initially not accepted for enlistment due to medical reasons. 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.
ARMY | BCMR | CY2003 | 2003089505C070403
There is no evidence that the applicant ever applied to the Army Discharge Review Board for review of his discharge under that board's 15-year statute of limitations. The evidence also indicates that the applicant's assigned RE-code of RE-4 was appropriate at the time of separation and that it is still 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...
ARMY | BCMR | CY2003 | 2003089516C070403
The applicant states that he should be reinstated in an active status, retroactive to 4 March 2002, issued orders awarding retirement points for his language training by the Army Reserve Personnel Command (AR-PERSCOM), as detailed on his DA Form 1380s (Record of Individual Performance of Reserve Duty Training), and promotion to colonel. The 99 th RST stated that the applicant was discharged for failing to earn 50 points in a retirement year as required by regulation. Army Regulation...
ARMY | BCMR | CY2003 | 2003089517C070403
The opinion also stated that promotion selection boards do not disclose the reasons for selection or non-selection; however, in the applicant’s case, his non-selections were not for lack of military education as the applicant stated in his request. The evidence of record clearly shows that the Chief, of the Office of Promotions, Reserve Components, informed the applicant that the 1989 and 1990 promotion selection boards examined the performance portion of his OMPF and he was not among those...
ARMY | BCMR | CY2003 | 2003089520C070403
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. APPLICANT STATES : In effect, that he was hoping that his 15 years of active duty service and the fact that he was processed for separation through the disability processing system would allow him to be granted retirement under TERA provisions in lieu of his current disability separation. Thus, the Board finds no evidence of...
ARMY | BCMR | CY2003 | 2003089522C070403
On the dates she failed her two record APFT's, she was medically qualified to take the APFT and did not complain of any medical problems. Although the available records do not contain and the applicant has not provided copies of either of the QMP actions, the applicant has failed to show through the evidence submitted or the evidence of record that the QMP action was in error or unjust. The applicant's contention that she was not properly counseled is not supported by either the evidence...
ARMY | BCMR | CY2003 | 2003089526C070403
The applicant requests, in effect, that his military records be corrected to show all awards and decorations to which he is entitled for his service in the United States Army. The applicant's records are not available to the Board. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge, Bronze Star Medal, and Army Good Conduct Medal; by showing that he is entitled to the American...
ARMY | BCMR | CY2003 | 2003089529C070403
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. In two separate applications, that the record of her deceased husband, a former service member (FSM), be corrected to show he was eligible to receive non-regular retired pay at age 60 based on his completion of fifteen years of qualifying service for Reserve retirement purposes at the time of his death; that the FSM’s rank be restored to sergeant first class/E-7 (SFC/E-7) and that she receive any back pay and allowances that are due as a...
ARMY | BCMR | CY2003 | 2003089530C070403
The applicant states, in effect, that he was wounded while serving in the Republic of Vietnam (RVN) in February 1968. The evidence of record provides no confirmation that the applicant was ever wounded in action or that he was ever treated for a wound or injury received in action. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is entitled to 4 bronze service stars with his Vietnam Service Medal, the Republic of...
ARMY | BCMR | CY2003 | 2003089531C070403
The applicant states, in effect, that his DD Form 214 does not include the Purple Heart for wounds he received in Vietnam. He was returned to Vietnam on 4 May 1967 and completed his tour on 26 September 1967. Although there is no evidence present which shows that the applicant was ever awarded the Purple Heart, there is sufficient evidence present to show that he was in fact wounded, that he was treated by medical personnel and that he was reported as a casualty.
ARMY | BCMR | CY2003 | 2003089532C070403
The applicant's DD Form 214 does not show the Purple Heart as an authorized award and there is no indication in the applicant's military personnel records that he was awarded the Purple Heart while servicing in Vietnam. Evidence of record also shows the applicant is entitled to award of two OSBs, one BSS for his Vietnam Service Medal, and the GCMDL for the period 29 November 1965 to 27 November 1968. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2003 | 2003089533C070403
There are no orders for the Air Medal in the applicant's service personnel records. There is no evidence of record, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for award of the Air Medal. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.
ARMY | BCMR | CY2003 | 2003089534C070403
The applicant also states that his separation document indicates that he was separated in pay grade E-3 but contends that he was paid as an E-1 during his military service between 1965 and 1967. Upon his release from active duty for training, the applicant signed a statement indicated that he believed he was “medically qualified to perform satisfactory military service.” The applicant was honorably discharged from the United States Army Reserve in October 1971 upon expiration of his...
ARMY | BCMR | CY2003 | 2003089538C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Since the applicant had over 20 qualifying years of service, he should have been given the opportunity to elect to be transferred to the Army Reserve Control Group (Reinforcement) and, from there, to the Retired Reserve. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing: a. that he extended his 29 April 1991...
ARMY | BCMR | CY2003 | 2003089539C070403
His second option would be to have his records corrected to show that he was medically retired rather than merely discharged because of his medical conditions. 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 were incurred during military service and subsequently affect the individual’s civilian employability. The available evidence confirms that the...
ARMY | BCMR | CY2003 | 2003089544C070212
Counsel requests reconsideration of the applicant's 1993 request that he be restored to active duty with constructive credit for time in service, time in grade, and, having successfully appealed two Officer Evaluation Reports (OERs) with non-credible senior rater (SR) profiles, referral to a Standby Review Board for consideration for promotion to Regular Army lieutenant colonel (LTC). 10 June 1982 13/*25/24/3/1/0/0/0/0 SR comments included, "… has been outstanding in command…Accelerate all...
ARMY | BCMR | CY2003 | 2003089546C070403
The applicant is requesting correction of injustice which occurred on 28 April 1986, the date of his discharge. Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and,...
ARMY | BCMR | CY2003 | 2003089548C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In an application to this Board dated 24 September 2002, the applicant requested that his DD Form 214 be corrected to show that he served in Vietnam and that he be awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal. There is no evidence of record nor has the applicant submitted any evidence to show that he actually served in the Republic of Vietnam.
ARMY | BCMR | CY2003 | 2003089549C070403
The applicant requests that his report of separation (DD Form 214) be corrected to reflect his service in Vietnam, Korea, and Okinawa and that he be awarded any awards to which he is entitled for service in those overseas areas. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM. The evidence of record shows that the...
ARMY | BCMR | CY2003 | 2003089550C070403
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 | 2003089551C070403
The applicant's contention that one of the delays in promoting him to captain was that an unpromotable first lieutenant was in a captain position is noted. Records show the applicant should have discovered the injustice now under consideration on or about 28 May 1996; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 May 1999. The Board determined that the evidence presented and the merits of this case are insufficient to warrant...
ARMY | BCMR | CY2003 | 2003089553C070403
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states, in effect, that he was wounded in Vietnam in June 1969 and never received the award of the Purple Heart. However, the Board finds no evidence to show that he was wounded in action, that he was treated by medical personnel, or that it was made a matter of record at the time, all the...
ARMY | BCMR | CY2003 | 2003089554C070403
The applicant’s record shows that he completed two separate periods of active duty service. A comprehensive review of the available evidence of record produced no additional service that would result in an adjustment to the creditable service for retired pay granted the applicant in the 7 July 1990 ARNG statement of service. The evidence also confirms that his active duty service was properly included in this total and there are no other documents or service statements on file that would...
ARMY | BCMR | CY2003 | 2003089555C070403
Item 40 (Wounds) on the applicant's DA Form 20 does not show he sustained wounds as a result of hostile action. There are no orders available to the Board which authorize award of the Purple Heart to the applicant. Based on the applicant’s dates of service in Vietnam, Appendix B of Army Regulation 600-8-22 shows that he participated in four campaigns of the Vietnam War.
ARMY | BCMR | CY2003 | 2003089556C070403
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 evidence of record shows the applicant requested separation from active duty under the provisions of Army Regulation 635-200, chapter 8 for pregnancy. The applicant's DD Form 214 currently shows her separation date as 8 August 1997.
ARMY | BCMR | CY2003 | 2003089557C070403
The Board considered the following evidence: His DD Form 214 with an ending date of 16 August 2002 shows he was paid 10.0 days of accrued leave. The evidence of record shows the applicant was paid 50.0 days of accrued during his service in the U.S. Navy.
ARMY | BCMR | CY2003 | 2003089558C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He remained in the RA through continuous reenlistments until he enlisted in the United States Army Reserve (USAR) 17 May 1970. It states, in pertinent part, that the RRB applies to members who were on active duty on 1 June 1974 and who thereafter reenlist within 3 months of being discharged (continuous service is not required).
ARMY | BCMR | CY2003 | 2003089561C070403
There is no documentary evidence in the applicant's Official Military Personnel File (OMPF), such as a diploma, certificate of training, or academic evaluation report, to indicate that he completed the Chaplain Officer Basic Course. The applicant was discharged from the U.S. Army Reserve on 24 July 1996, after he had completed his 8-year service obligation. BOARD DETERMINATION/RECOMMENDATION :