ARMY | BCMR | CY2003 | 2003089954C070403
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. Although the applicant states that he was previously denied consideration for the PH by the Army Board for Correction of Military Records (ABCMR), no record could be found of that denial. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to...
ARMY | BCMR | CY2003 | 2003089955C070403
The applicant states that he never received the Bronze Star Medal that he was recommended for, for an action that occurred on 10 May 1968, while he served in Vietnam. The NGB Form 22 he was given on his separation from the Kansas Army National Guard shows he was awarded the following throughout his career: the National Defense Service Medal; the Army Aviator Badge; the Senior Army Aviator Badge; the Master Army Aviator Badge; the Vietnam Service Medal with one silver service star; the...
ARMY | BCMR | CY2003 | 2003089956C070403
The applicant requests that his 30 April 1983 separation for permanent physical disability (10%) with entitlement to severance pay be changed to retirement at a rate of 40% disability. The PEB recommended that he be placed on the TDRL with a disability rating of 80%. The findings and recommendations of the PEB were approved and on 30 April 1983, the applicant was separated by reason of physical disability at a rate of 10%.
ARMY | BCMR | CY2003 | 2003089957C070403
There is no indication in the PEB records which shows that the applicant's ankle injury was the result of hostile action. In the absence of evidence which shows the applicant was wounded or injured as a result of hostile action and treated for those wounds or injuries, there is insufficient evidence upon which to base award of the Purple Heart in this case. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice...
ARMY | BCMR | CY2003 | 2003089958C070403
The FSM’s military records show that he and the applicant married on 3 November 1962. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election. The evidence of record shows that the FSM did not make a written request to change his SBP coverage to former spouse coverage nor did the applicant make a...
ARMY | BCMR | CY2003 | 2003089964C070403
The evidence of record contains orders and/or certificates and citations that confirm the applicant earned the AM (3rd Award). Although there are no award orders on file, there is a certificate and citation on file that show that the applicant was awarded the ARCOM, for his meritorious service in the RVN from April 1971 through March 1972. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation...
ARMY | BCMR | CY2003 | 2003089967C070403
The applicant’s DA Form 20 confirms that he served overseas in the ROK from 13 March through 31 October 1968, and in the Republic of Vietnam (RVN) from 9 December 1968 through 9 September 1969. The applicant’s Military Personnel Records Jacket (MPRJ) contains no award orders or other documents that indicate he was ever recommended for or received any individual awards for meritorious service or achievement while serving on active duty. The necessary administrative correction of his records...
ARMY | BCMR | CY2003 | 2003089969C070403
The applicant's military records are not available to the Board for review. Evidence shows that the applicant’s records contain administrative errors which do 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 applicant's failure to timely file this application within the 3-year statute of limitations prescribed...
ARMY | BCMR | CY2003 | 2003089976C070403
The evidence available to the Board indicates that the applicant completed one year of his ROTC scholarship program (fall 1995 through spring 1996) for which he received funds for tuition, fees, books, and subsistence. The evidence also shows that the applicant received a subsistence allowance commencing in the fall of 1996 when he was not in school . When the applicant was finally disenrolled he was not required to reimburse the government for funds he received for his education during...
ARMY | BCMR | CY2003 | 2003089977C070403
The applicant’s military records are not available to the Board for review. The applicant was honorably discharged on 16 November 1945. While the evidence clearly shows that the applicant did receive medical treatment in February 1945 and that the condition for which he received treatment was determined to have occurred in the line of duty, there is no evidence which confirms that the condition was incurred as a result of hostile action.
ARMY | BCMR | CY2003 | 2003090003C070212
The Board considered the following evidence: The applicant requests that his records be corrected by upgrading his discharge and by granting him 4 months of back pay. 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 prescribed by law.
ARMY | BCMR | CY2003 | 2003090004C070212
He concurred with the applicant's request and requested that he be granted an exception to policy to continue to receive BAH due to mission requirements. The evidence of record shows that the applicant submitted a request for an exception to policy for BAH compensation entitlements under emergency PCS conditions, prior to his reassignment, through the appropriate channels. The Chief, Compensation and Entitlements Division, ODCS, G-1 reviewed his request and supported paying him BAH for the...
ARMY | BCMR | CY2003 | 2003090012C070212
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 Table of Maximum Punishments in the Manual for Courts-Martial states that the maximum punishment that may be imposed upon an individual for violation of Article 86, Absence without leave, which includes failing to go to, or going from, the appointed place of duty, is confinement at hard labor, not to exceed 1 month, or a...
ARMY | BCMR | CY2003 | 2003090015C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence of any documentation being submitted, at any time, recommending the applicant for award of either the SS or the DFC. The evidence shows that the applicant’s record contains administrative errors that do not require action by the Board.
ARMY | BCMR | CY2003 | 2003090018C070212
The applicant’s military records are not available to the Board for review. Although the applicant’s file does not contain an official personnel qualification record showing the specific dates of his service in Korea, the information recorded in the 1981 ADRB case summary confirms he served in Korea for 11 months, from September 1951 through July 1952. Based on the available evidence, the applicant’s service in Korea also entitles him to the Korean Service Medal and United Nations Service Medal.
ARMY | BCMR | CY2003 | 2003090019C070212
COUNSEL CONTENDS : In a four page attachment to the applicant’s DD Form 149 (Application For Correction of Military Record) that his records be corrected by expunction of the Article 15 dated 24 November 1986 and Article 15 dated 1 June 1987 from his official military personnel file (OMPF). In addition, counsel states that, at the time the Article 15s were issued, Army Regulation 640-10 (Individual Military Personnel Records) which established the policies and provisions for maintenance and...
ARMY | BCMR | CY2003 | 2003090021C070212
The Board considered the following evidence: APPLICANT REQUESTS: In effect, that the undesirable discharge (UD) her husband, a former service member (FSM), received be upgraded to an honorable discharge. EVIDENCE OF RECORD : The FSM’s military records show:
ARMY | BCMR | CY2003 | 2003090022C070212
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. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. 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 | 2003090029C070212
The applicant requests that his records be corrected to show that he enlisted in the Regular Army on 9 January 2003, in the pay grade of E-4. The applicant clearly separated from the USAR in the pay grade of E-4 and enlisted immediately into the Regular Army with the understanding that he would enlist in the pay grade of E-4 and have his DOR adjusted at his first duty station. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.
ARMY | BCMR | CY2003 | 2003090034C070212
In support of his request, the applicant submitted a copy of his microfiche record which contains copies of all his OER, record of education and training, and commendatory data provided to the promotion board; a copy of the two OERs that were filed in the restricted rather than in the performance part of his OMPF; a copy of a DAPE-MPC-S, Memorandum, Subject: Request for Promotion Reconsideration, dated 10 April 2003; and a copy of a Fact Sheet whose purpose is to provide information...
ARMY | BCMR | CY2003 | 2003090035C070212
The applicant requests that his record reflect award of the Purple Heart and the Bronze Star Medal. The applicant states that he was awarded the Purple Heart for being wounded in action in Cambodia during the war in Vietnam. Because there is no evidence that the applicant was awarded the Silver Star or the Bronze Star Medal, or recommended for those awards, the Board cannot grant his request for those awards.
ARMY | BCMR | CY2003 | 2003090036C070212
He believes his medical records supports that on one occasion he was treated for an eye injury that was caused by shrapnel. A Statement of Medical Condition, dated 17 February 1971, shows that on 6 February 1971, the applicant received a separation examination at Munson Army Hospital. It does not show award of the PH.
ARMY | BCMR | CY2003 | 2003090037C070212
The applicant’s military records are not available to the Board for review. This document, coupled with the evidence of record that confirms the applicant’s assignment to the unit and the fact that the unit received assault landing credit for Wesel, Germany on 24 March 1945, provides sufficient confirmation that the applicant participated in a combat parachute jump. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing...
ARMY | BCMR | CY2003 | 2003090038C070212
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 an honorable discharge. The applicant’s contention that he was young, and did not fully understand the basis for his separation, is not supported by any evidence submitted by him, or contained in records available to the Board.
ARMY | BCMR | CY2003 | 2003090041C070212
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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. The...
ARMY | BCMR | CY2003 | 2003090042C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart, the Vietnam Campaign Medal, and the Vietnam Service Medal with two bronze service stars. The applicant’s records show that he served in Vietnam during two campaigns.
ARMY | BCMR | CY2003 | 2003090043C070212
The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. The applicant’s records also show that he is entitled to award of the Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation,...
ARMY | BCMR | CY2003 | 2003090046C070212
There is, however, no indication the applicant was ever awarded the Purple Heart and item 29 (wounds received as a result of action with enemy forces) on his 1952 Department of Defense Form 214 (Report of Separation from the Armed Forces of the United States) reflects "NA." The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. Once the Korean War Service...
ARMY | BCMR | CY2003 | 2003090047C070212
The applicant requests that his records be corrected to reflect award of the Purple Heart. The applicant provides no evidence in support of his application. 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 | 2003090048C070212
The applicant requests, in effect, that he be awarded the Combat Medical Badge (CMB). The applicant states, in effect, that he is entitled to the CMB based on his service in the Republic of Vietnam (RVN) and the award was left off of his separation document (DD Form 214). Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Support Division, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD...
ARMY | BCMR | CY2003 | 2003090049C070212
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 shrapnel was removed from his chest and he returned to duty on an unknown date in November 1943. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was awarded the PH, WWII Victory Medal, BSM based on award of the CIB,...
ARMY | BCMR | CY2003 | 2003090051C070212
Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, Company C, 1st Battalion, 503rd Infantry Battalion, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army (DAGO) Number 51, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class,...
ARMY | BCMR | CY2003 | 2003090052C070212
The applicant provides, in support of his application, an undated newspaper article which announces his status as a POW; a self-authored letter, dated 20 May 1995; two Department of the Army Memorandums, dated 12 September 1996 and 17 October 1996, respectively; a letter addressed to a retired Army Colonel, dated 8 December 2001; an undated newspaper clipping which announces his advancement to the grade of SGT; a notice of change of address (WD AGO 204) with an undecipherable date; an...
ARMY | BCMR | CY2003 | 2003090053C070212
The applicant’s military records are not available to the Board for review. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the PH, the GCMDL, and the Republic of Korea Presidential Unit Citation to his...
ARMY | BCMR | CY2003 | 2003090054C070212
First by court-martial and second by being discharged. EVIDENCE OF RECORD : The applicant's military records show: The Board notes the applicant’s contention that he was informed by his legal advisor that his discharge would be automatically upgraded within two years, and it carefully considered the character references he submitted in support of his case.
ARMY | BCMR | CY2003 | 2003090055C070212
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 January 2004 DOCKET NUMBER: AR2003090055 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’s military records are not available to the Board for review. The evidence shows that the applicant’s record contains administrative error(s) that do not require action by the Board.
ARMY | BCMR | CY2003 | 2003090057C070212
Numerical designators "2" and "3" indicate that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty. The evidence of record shows the applicant was sufficiently fit to reenlist again in 1976 and to be promoted to Specialist Five in 1977. All his available EERs show that he was physically fit and all rater comments indicated he was capable of performing his duties.
ARMY | BCMR | CY2003 | 2003090062C070212
The applicant was released from active duty under honorable conditions (General), on 23 July 1982, in the rank and pay grade, Private, E-1, under the provisions of AR 635-200, chapter 5-31, for failure to maintain acceptable standards for retention. This program applied to all Active Army personnel who had completed at least 6 months, but no more than 36 months of continuous active duty on their first enlistment in the Army, at the time the member's immediate commander formally recommended...
ARMY | BCMR | CY2003 | 2003090067C070212
On 3 October 2002, a National Service Officer of the DVA provided a letter that supports the applicant’s claim that he received his back injury while engaged in action against the enemy. However, none of the medical treatment records pertaining to this injury contain any indication that the injury was caused by or related to enemy action. Thus, the Board finds insufficient evidence to support the applicant’s claim of entitlement to the PH, and it is regrettably compelled to deny the...
ARMY | BCMR | CY2003 | 2003090073C070212
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. Accordingly, the applicant was discharged with a general discharge on 31 March 1983 under the provisions of Army Regulation 635-200, chapter 9, for drug abuse rehabilitation failure. At the time of the applicant's separation an honorable or general discharge was authorized.
ARMY | BCMR | CY2003 | 2003090084C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. It is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable 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 | 2003090090C070212
The applicant's military records are not available to the Board for review. There is no indication in the available records to show that the applicant ever applied to the Army Discharge Review Board within that board's 15-year statute of limitations. The applicant has offered no argument or evidence to support his request for an upgrade of his discharge or a change to his mailing address at the time of discharge and the available evidence is not sufficiently mitigating to warrant relief...
ARMY | BCMR | CY2003 | 2003090091C070212
The applicant’s military records show that, with no prior service, he served in the Regular Army (RA) from 10 July 1991 until honorably separated on 9 July 1995. There is no evidence he was awarded the GCMDL. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant is authorized award of the GCMDL for the period 10 July 1991 - 9 July 1994.
ARMY | BCMR | CY2003 | 2003090095C070212
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an ending date of 17 September 1984, to show he entered active duty on 17 November 1971 and to show his correct total active service. The evidence of record shows he was issued a DD Form 214 that covers this period of active duty service. The evidence of record shows the applicant was inducted in the Army on 17 November 1971 and that he continuously served on active...
ARMY | BCMR | CY2003 | 2003090102C070212
The applicant provides as supporting evidence his initial enlistment contract; his separation orders; his DD Form 214 for the period ending 1 August 1994; a memorandum dated 14 March 2003 from Headquarters, U. S. Army Cadet Command, U. S. Army Fourth Region (ROTC); his USAR Control Group (ROTC) enlistment contract; his DA Form 597 (Army Senior Reserve Officers' Training Corps (ROTC) Nonscholarship Cadet Contract; his DA Form 597-A-4 (Addendum to Army Senior Reserve Officers' Training Corps...
ARMY | BCMR | CY2003 | 2003090103C070212
The evidence of record clearly shows that the applicant was transferred to the Retired Reserve after being twice nonselected for promotion to the rank of LTC. 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 awarding him constructive credit, inactive duty points and the appropriate pay for the period he was assigned to...
ARMY | BCMR | CY2003 | 2003090107C070212
APPLICANT STATES : In effect, that the FSM was 18 years of age at the time of his discharge, and he waived his right to counsel or to receive help in understanding the ramifications of accepting the discharge. EVIDENCE OF RECORD : The FSM’s military records show: An undesirable discharge was normally considered appropriate for members separating under these provisions.
ARMY | BCMR | CY2003 | 2003090108C070212
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. Thus, the applicant should have filed an application with...
ARMY | BCMR | CY2003 | 2003090109C070212
The applicant’s military records were not available to the Board for review. This search failed to produce any evidence showing that the applicant was ever wounded in action or that he received the PH. Therefore, the Board requests that the ARBA Support Division-St. Louis administratively correct the records of the individual concerned to show he is entitled to the World War II Victory Medal and the Philippines Presidential Unit Citation Badge; and by issuing him a corrected separation...
ARMY | BCMR | CY2003 | 2003090111C070212
The applicant requests reconsideration of his earlier request to the Army Board for Correction of Military Records (ABCMR) to upgrade his undesirable discharge. On 16 July 1973, after consulting with counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. Therefore, the applicant