ARMY | BCMR | CY2003 | 2003089566C070403
APPLICANT STATES : In effect, that rank on his DD Form 214 indicates PV1; however, his discharge certificate lists his rank as SP4. However, the evidence of record confirms that the applicant was reduced from the rank of SP4 to the rank of PV1 on 2 December 1982, as a result of a summary court-martial sentence. Further, he authenticated the DD Form 214 with his signature, thereby verifying that the information contained therein, to include his rank, was correct at the time the document was...
ARMY | BCMR | CY2003 | 2003089568C070403
The applicant does not provide any evidence in support of his application. It would be equitable to correct his records to show he requested termination of his SBP coverage on that date and to refund to him paid premiums retroactive to the first day of the first month following that date (i.e., 1 May 2003). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. correcting his records to show he requested termination of his...
ARMY | BCMR | CY2003 | 2003089574C070403
On 21 March 2001, officials at the Total Army Personnel Command granted authorization for the applicant to enlist in the pay grade of E-5. The evidence in this case suggests that information was provided to the applicant by the Department of the Army recruiting officials prior to his discharge from the Marine Corps, which resulted in the applicant making a decision to be discharged from the Marine Corps and enlisting in the Regular Army. Accordingly, the evidence suggests that it would be...
ARMY | BCMR | CY2003 | 2003089577C070403
On 29 May 2001, the Survey officer notified the applicant of the ROS recommendation that she assessed financial liability in the amount of $3,358.10 for the damage to the GOV. Thus, the obstruction should be the proximate cause of the accident, not her negligence as was indicated in the ROS. Paragraph 13-28 of the same regulation states that a survey officer's responsibility is to determine the cause and value of the loss, damage, or destruction of Government property listed on the ROS and...
ARMY | BCMR | CY2003 | 2003089581C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that clemency in the form of a general discharge be granted. Paragraph 3-11 of this regulation states that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial.
ARMY | BCMR | CY2003 | 2003089586C070403
The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army Board for Correction of Military Records (ABCMR) should commence on the date of final action by the ADRB. On 7 May 1982, the Army Discharge Review Board denied the...
ARMY | BCMR | CY2003 | 2003089588C070403
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. However, at the time of the applicant's separation the regulation provided for the issuance of a UD. 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...
ARMY | BCMR | CY2003 | 2003089591C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that he was an alcoholic at the time of his military service and has been sober for 20 years. Army Regulation 635-208, in effect at the time, provided the authority for discharging enlisted personnel for unfitness.
ARMY | BCMR | CY2003 | 2003089592C070403
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. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2003 | 2003089595C070403
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 a general discharge. He goes on to state that he requested a transfer to Vietnam and his request was approved; however, when he arrived at Fort Lewis, Washington, he was diverted to another armored division at Fort Hood, Texas, to again be a gofer.
ARMY | BCMR | CY2003 | 2003089597C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Chapter 10 of the regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A condition of submitting such a request is that...
ARMY | BCMR | CY2003 | 2003089598C070403
He states that he did have one honorable discharge prior to his undesirable discharge. There is no indication that the applicant petitioned the Army Discharge Review Board to have his discharge upgraded. 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 statute of limitations.
ARMY | BCMR | CY2003 | 2003089605C070403
Records available to the Board indicate that the applicant was a member of the United States Army Reserve when he enlisted in the Regular Army on 30 August 1965. There is no evidence the applicant applied to the Army Discharge Review Board to have his discharge upgraded. 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...
ARMY | BCMR | CY2003 | 2003089608C070403
EVIDENCE OF RECORD : The applicant's military records show: The applicant authenticated this document with his signature on the date of his separation, thereby verifying that the information contained therein was correct at the time it was prepared. The evidence of record confirms that the applicant received an honorable discharge for his 2 year, 3 month, and 6 day period of active military service from 20 July 1965 through 25 October 1967.
ARMY | BCMR | CY2003 | 2003089610C070403
Accordingly, on 26 September 1974, the applicant was discharged from the Army with an undesirable discharge. He was credited with 1 year, 5 months, and 16 days of active military service and 1, 833 days of lost time. 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...
ARMY | BCMR | CY2003 | 2003089612C070403
The Board considered the following evidence: There is no evidence that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations. 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...
ARMY | BCMR | CY2003 | 2003089614C070403
Her senior NCO stated that he would recommend that she be discharged under the provisions of Army Regulation 635-200, chapter 11, at the earliest available date. On 29 November 1985, the applicant was counseled regarding her request for separation from the service. It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.
ARMY | BCMR | CY2003 | 2003089630C070403
He was promoted to major with a promotion effective date and date of rank of 19 June 2002. The Chief, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant was promoted to captain effective 23 May 1995 and promotion to major required 7 years time in grade. Notwithstanding the delay, the effective date of promotion shall remain as 19 June 2002, the date the President approved the board, and the applicant is not further entitled to...
ARMY | BCMR | CY2003 | 2003089631C070403
APPLICANT REQUESTS: In effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse and children coverage. She was not aware she could apply for the benefit until a member of the FSM's former Army National Guard unit told her she was eligible for the annuity. The evidence of record shows the FSM was not married at the time he received his 20-year letter and so...
ARMY | BCMR | CY2003 | 2003089632C070403
The applicant states that he was erroneously discharged from the IRR because there was no record of his good years of service with the Maryland Army National Guard from October 1996 to October 2002. The applicant provides copies of his December 1998 promotion orders to Master Sergeant, his October 2002 discharge orders from the Army National Guard to include his discharge certificate, his February 2003 discharge orders from the U.S. Army Reserve to include his discharge certificate, two NGB...
ARMY | BCMR | CY2003 | 2003089636C070403
The applicant’s military records were not available to the Board for review. As a result, it is appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 14 February 1952 through 26 January 1954. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the first award of the Army Good Conduct Medal, for his honorable period of qualifying active duty service...
ARMY | BCMR | CY2003 | 2003089637C070403
On the date of his enlistment in the Army, the applicant was just over 18 years of age. There is no evidence, and the applicant provided none, that the special court-martial which resulted in his receiving his bad conduct discharge was based on offenses that occurred prior to his entering the Army. The applicant audited his personnel qualification record on 18 December 1972, and on this date, there had been no change in his medical condition or physical profile serial.
ARMY | BCMR | CY2003 | 2003089639C070403
BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the rank of the individual concerned as First Lieutenant on the Retired List; by providing him retired pay based on the pay formula most favorable to him based on his satisfactory service in both pay grades 0-2 and W-2, and...
ARMY | BCMR | CY2003 | 2003089642C070403
The applicant requests, in effect, that he receive the most favorable retired pay to which he is entitled based on his having satisfactorily served in both the rank and pay grade of Sergeant Major/E-9 (SGM/E-9) and Chief Warrant Officer Two/W-2 (CW2/W-2). The applicant’s military records show that he served in an enlisted status in the Regular Army (RA) from 12 July 1960 through 4 January 1967. That all of the Department of the Army records related to this case be corrected by showing that...
ARMY | BCMR | CY2003 | 2003089643C070403
The applicant provides a BNCOC course application dated17 October 2000. The applicant provides a second BNCOC course application dated 17 October 2000. Army Regulation 140-158, paragraph 3-9a states that, to standardize promotion qualification throughout the USAR and to ensure promotion of the best qualified soldiers, promotion selection board action is required for all promotions to sergeant and staff sergeant.
ARMY | BCMR | CY2003 | 2003089657C070403
On 25 March 2003, the AGDRB, in an unanimous decision, denied the applicant's request to be advanced to grade E-7 on the retired list because he received a special court-martial conviction for use of cocaine while in the grade. The applicant's 20 years of service to his country was marred by his court-martial conviction for cocaine use in 1989 while serving as a sergeant first class, pay grade E-7, a senior NCO, discrediting himself and the NCO ranks. His request to be advanced to pay...
ARMY | BCMR | CY2003 | 2003089662C070403
On 25 March 2003, the Army Grade Determination Board determined the highest grade in which the applicant served satisfactorily for the purpose of computation of retired pay is his current retired grade of Sergeant, E-5. 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 applicant held the rank and grade of Sergeant, E-5 on the date of his retirement.
ARMY | BCMR | CY2003 | 2003089663C070403
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. In view of the foregoing, the applicant’s records should be corrected as recommended below. 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 | 2003089667C070403
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant was advised that the basis for this recommendation were the above offenses and that she had received nine negative counseling statements. The appropriated authority stated that, upon speaking to the applicant and the NCO's in her chain of command, he believed it was not in the best interest of the Army to grant a rehabilitative transfer.
ARMY | BCMR | CY2003 | 2003089685C070403
The separation document (DD Form 214) issued to the applicant on the date of his separation confirms that the authority for his discharge was paragraph 4-24b(3), Army Regulation 635-40, and the reason for his separation was physical disability with severance pay. Thus, the Board concludes that it would be appropriate to change the applicant’s RE code to RE- 3 at this time. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to...
ARMY | BCMR | CY2003 | 2003089687C070403
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: Chapter 3, Section IV, establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides that a soldier will be given one of these punitive discharges pursuant only to an approved sentence of a general or special court-martial; and that the appellate review must...
ARMY | BCMR | CY2003 | 2003089701C070403
The applicant provides a copy of a Presidential Unit Citation certificate that has an issue date of 10 January 2001 and a 28 April 1945 Battle Casualty report which was not previously available to the Board. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002080059, on 13 March 2003. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 2003089706C070403
EVIDENCE OF RECORD : The applicant's military records have been lost or destroyed. The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award. 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.
ARMY | BCMR | CY2003 | 2003089718C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: The applicant's wounds and frostbite injuries are not noted on more contemporaneous documents (his Report of Medical Examination dated 24 June 1952 and his Report of Medical History dated...
ARMY | BCMR | CY2003 | 2003089721C070403
The applicant's 17 October 1997 VA Rating Decision shows he was awarded service-connection for pain in the left knee as the result of a piece of shrapnel which he received in World War II. This document shows that, at the time of the applicant's assignment to the 147th Field Artillery Battalion, it was awarded assault credit for Noemfoor Island on 2 July 1944 by War Department Number 109, dated 1946. The applicant's unit was awarded assault credit for Noemfoor Island during a period of...
ARMY | BCMR | CY2003 | 2003089749C070403
Records available to the Board indicate that the applicant enlisted and entered active duty on 9 October 1968. In 1980 his discharge was upgraded to under honorable conditions as a result of action by the Army Board for Correction of Military Records. The evidence also confirms that the applicant met the qualification requirements for award of the Combat Infantryman Badge and the Vietnam Campaign Medal.
ARMY | BCMR | CY2003 | 2003089754C070403
There are no orders in the applicant’s service personnel records that show he was awarded 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.
ARMY | BCMR | CY2003 | 2003089756C070403
The applicant's service personnel records do not show orders for the Bronze Star Medal or the Army Commendation Medal. There are no orders in the applicant’s service personnel records that show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Army Commendation...
ARMY | BCMR | CY2003 | 2003089758C070403
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. 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...
ARMY | BCMR | CY2003 | 2003089765C070403
He contends that he was also advised that his perfect military record including an award of the Distinguished Flying Cross would be enough for the separation authority to grant an honorable or general discharge in his case. EVIDENCE OF RECORD : The applicant's military records show: The available records show that the applicant’s record of service included two nonjudicial punishments and 97 days of lost time and for that reason his quality of service did not meet the standards of...
ARMY | BCMR | CY2003 | 2003089766C070403
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 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: a. by showing that the individual concerned was...
ARMY | BCMR | CY2003 | 2003089767C070403
The evidence of record confirms that the applicant was wounded in action twice while serving in Korea. However, the record shows that he was awarded only one PH, for the 16 September 1950 wound. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart 1st Oak Leaf Cluster, for being wounded in action on 2 November 1950, while serving in Korea; and by providing him a corrected separation document that...
ARMY | BCMR | CY2003 | 2003089769C070403
The applicant requests that his records be corrected to reflect his award of the Purple Heart and the Bronze Star Medal (BSM) with "V" Device. On 19 October 1969, orders were published in Vietnam awarding the applicant the BSM for meritorious service during the period of September 1968 to September 1969. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, the BSM, the BSM w/...
ARMY | BCMR | CY2003 | 2003089774C070403
The applicant states, in effect, that he was awarded the Purple Heart for being wounded in Vietnam and it was not included on his DD Form 214. A review of his records fails to show that he was awarded the Purple Heart; however, his records do show that he was wounded in action and was treated by medical personnel during his hospitalization. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was entitled...
ARMY | BCMR | CY2003 | 2003089775C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The FSM married for the first time prior to the second SBP Open Season. Extensive publicity and information about the SBP was provided to all previously retired service members and he had several opportunities to enroll in the SBP.
ARMY | BCMR | CY2003 | 2003089776C070403
However, neither of these offices granted any relief and she now appeals to this Board by requesting that the ARCOM she received in April 2000 be revoked and that it be replaced with an MSM as originally recommended by her rater, a field grade officer, and her detachment commander. The DA IG further pointed out that under the governing regulation there was no entitlement to an award and that awards for meritorious service are not based solely upon the grade of the individual. The evidence...
ARMY | BCMR | CY2003 | 2003089787C070403
The applicant states, in effect, that she enlisted in the United States Army Reserve (USAR) on 16 November 1987 for a period of 8 years under the Student Loan Repayment Program (SLRP). A review of the applicant's records shows no indication that the applicant was ever notified that she was being transferred to the IRR due to unsatisfactory participation. Therefore, the Board finds that it would be in the interest of justice to correct her records to show that as an exception to policy, she...
ARMY | BCMR | CY2003 | 2003089788C070403
Based on award of the Combat Infantryman Badge, the applicant is entitled to an award of the Bronze Star Medal. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the EAME with...
ARMY | BCMR | CY2003 | 2003089790C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Paragraph 3-11 of this regulation states that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial. The applicant has failed to show through the evidence submitted with his application or the evidence of record that the actions taken in his case were in error or unjust.
ARMY | BCMR | CY2003 | 2003089793C070403
APPLICANT REQUESTS: In effect, that her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by changing her uncharacterized discharge to a medical discharge. On 12 March 2003, the applicant was presented to a Medical Evaluation Board (MEBD). Item 28 (Narrative Reason for Separation) of the applicant's DD Form 214 contains the entry "Disability, Existed Prior to Service- Medical Board."