ARMY | BCMR | CY2003 | 2003090248C070212
On 16 November 1972, while he was still in confinement, the applicant submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial. He went on to state that he tried to be discharged once before and that his request for discharge was denied. There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that...
ARMY | BCMR | CY2003 | 2003090249C070212
In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM). 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 restoring to him the 18 days of leave that he lost at the end of fiscal year 2002.
ARMY | BCMR | CY2003 | 2003090259C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. General Court-Martial Order Number 3, Headquarters, 101st Airborne Division, dated 2 June 1968, shows that on 27 March 1968 the applicant was arraigned and tried for premeditated murder for shooting a South Vietnamese soldier on or about 9 March 1968. Two American Soldiers testified that on 9 March 1968 they were drinking some cokes in a store in Phu Long, Vietnam.
ARMY | BCMR | CY2003 | 2003090261C070212
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 | 2003090263C070212
The supporting statement submitted by the applicant with his application is authored by a military physician at TAMC which suggests that the applicant was improperly rated at the time of his separation because he has received a 40% disability rating from the VA and his symptoms are severe, lifestyle limiting and ongoing. The evidence of record shows that the PEB determined that the applicant was medically unfit for further service based on his medically diagnosed conditions of “Resection of...
ARMY | BCMR | CY2003 | 2003090265C070212
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: On 8 January 1997, this Board denied the applicant’s request for award of the Purple Heart in Army Board for Correction of Military Records (ABCMR) Memorandum of Consideration number AC96-10269.
ARMY | BCMR | CY2003 | 2003090270C070212
The applicant states, in effect, that at the time she enlisted she had a college degree and was unjustly enlisted in the pay grade of E-3; however, because she had an Associate in Applied Sciences (AAS) Degree and was a registered nurse, she should have been commissioned as a commissioned officer and served as a nurse. The application submitted in this case is dated 12 April 2003. The applicant has failed to show through the evidence of record or the evidence submitted with her application...
ARMY | BCMR | CY2003 | 2003090272C070212
The applicant's military records are not available to the Board for review. The applicant has provided no evidence to suggest that he should have been assigned a Regular Army serial number. Records show the applicant should have discovered the error or injustice now under consideration on 21 September 1945, the date he separated from active duty.
ARMY | BCMR | CY2003 | 2003090277C070212
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 REQUESTS: In effect, that his undesirable discharge be upgraded to an honorable discharge. The applicant's chain of command was unanimous in recommending approval of the action and in recommending that the applicant be discharged with an undesirable discharge.
ARMY | BCMR | CY2003 | 2003090279C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 7 January 1975, the applicant submitted a request for discharge for the good of the service, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He also contended that he was misled by his defense attorney and did not know that he was going to get an undesirable discharge until he received it and that up until that time he...
ARMY | BCMR | CY2003 | 2003090287C070212
EVIDENCE OF RECORD : The applicant's military records show: The applicant's DD Form 214 shows in item 9c (Authority and Reason) that the applicant was separated under Chapter 10 of Army Regulation 635-200, Discharge for the Good of the Service. On 2 February 1988, the applicant submitted an application to the Army Board for Correction of Military Records (ABCMR) requesting an upgrade of her undesirable discharge to a general discharge under honorable conditions.
ARMY | BCMR | CY2003 | 2003090288C070212
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 was discharged on 5 November 1976, in the rank of private, pay grade E-2, under the provisions of AR 635-200, paragraph 13-5b(3), after having completed 1 year, 5 months, and 6 days active military service. Item 9c (Authority and Reason) of the DD Form 214 that was issued the applicant shows that...
ARMY | BCMR | CY2003 | 2003090291C070212
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: There is no evidence, and the applicant has provided none, that the injury was incurred while he was engaged in action against a hostile enemy; therefore, the Board has determined that there is insufficient evidence upon which to base award of the Purple Heart to the applicant at this time.
ARMY | BCMR | CY2003 | 2003090294C070212
The applicant is listed on the Vietnam Casualty Roster as being wounded in action on 5 May 1968. Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained as a result of hostile action. The evidence of record shows the applicant was slightly wounded on 5 May 1968 as a result of hostile action.
ARMY | BCMR | CY2003 | 2003090300C070212
No record that he was wounded in action was found; however, there is evidence that the FSM was hospitalized two times for treatment while he served in the Army. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to the DD Form 214. The FSM's service medical records were requested from the Army on two occasions.
ARMY | BCMR | CY2003 | 2003090303C070212
This case is being considered based on reconstructed records which consist primarily of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States), General Orders obtained from the Total Army Personnel Command, medical documents provided by the applicant, and information obtained from the Korean War Casualty File. 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...
ARMY | BCMR | CY2003 | 2003090309C070212
The evidence of record confirms that the applicant successfully completed the basic airborne course in December 1980, and as result was awarded the Parachutist Badge. Although the evidence provided by the applicant confirms he completed the GED High School equivalency on 13 March 1984, this was almost two years after he was released from active duty. As a result, the Board recommends denial of so much of the application that pertains to documenting High School GED equivalency he completed...
ARMY | BCMR | CY2003 | 2003090312C070212
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. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2003 | 2003090314C070212
He would then take about 90 days of leave. Paragraph 2-2c(14) states that it is not the intent of leave policy that large leave balances be accrued expressly for settlement upon soldier's release from active duty. The applicant's problem was with the accrual of leave; not with any delay there may have been in Finance processing his leave.
ARMY | BCMR | CY2003 | 2003090315C070212
These instructions indicated that the dates entered in Item 23 (Date of Enlistment) and Item 24 (Date Entered Active Duty) would be the date the individual enlisted and entered active duty on the period of service covered by the separation document. The available evidence of record documents only that the applicant served on active duty in the RA for 3 years, 11 months, and 22 days, from 24 November 1945 through 15 November 1949, and that before this enlistment he had completed 3 months and...
ARMY | BCMR | CY2003 | 2003090316C070212
On 3 June 1999, the applicant consulted with legal counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. On 19 October 1999, the separation authority approved the applicant’s request for discharge and directed an UOTHC discharge. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would...
ARMY | BCMR | CY2003 | 2003090319C070212
The applicant requests, in effect, removal of his two promotion non-selections to allow re-entry in the Reserve as a Chaplain. The applicant's contentions have been noted; however, the applicant was in the zone for promotion consideration to major by the 1995 and 1996 RCSB’s. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 2003090322C070212
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 | 2003090324C070212
EVIDENCE OF RECORD : The applicant's military records show: On 13 August 1975, the applicant submitted a request to the Army Discharge Review Board for upgrade of his undesirable discharge to an honorable discharge. The character of the discharge is commensurate with the applicant's overall record of military service which includes over 200 days of AWOL, at least five non-judicial punishments, and one court martial conviction in a period of less than three years.
ARMY | BCMR | CY2003 | 2003090326C070212
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: That his Certificate of Release or Discharge (DD Form 214) be corrected to show that he was assigned a reentry eligibility (RE) code of RE-1 instead of RE-3.
ARMY | BCMR | CY2003 | 2003090331C070212
Records at AR-PERSCOM indicate he failed to make an RCSBP election at that time. There is no evidence to show the applicant enrolled in the standard SBP upon becoming eligible for retired pay at age 60. Option B and C RCSBP participants do not make a new SBP election at age 60.
ARMY | BCMR | CY2003 | 2003090340C070212
The application submitted in this case is dated 25 April 2003. The applicant submitted an application for Retired Pay Benefits (DD Form 108) to the Army Reserve Components Personnel and Administration Center (RCPAC) requesting his Retired Pay to be effective 6 April 1984. A review of the applicant's records shows that the applicant was informed in 1972, when he was discharged from the USAFR that he would be unable to attain retirement eligibility by age 60.
ARMY | BCMR | CY2003 | 2003090342C070212
EVIDENCE OF RECORD : The applicant's military records show: On 17 August 1973, the Army and Air Force Clemency and Parole Board remitted the sentence to confinement in excess of seven years. Therefore, it finds there is an insufficient basis to grant clemency in this case.
ARMY | BCMR | CY2003 | 2003090343C070212
On 6 November 1963, he transferred to Vietnam with his unit. While in Vietnam, his commander submitted a recommendation to award the applicant the award of the Silver Star for gallantry in action in Vietnam on 2 and 3 March 1964. The evidence of record clearly shows that the applicant was awarded the BSM with "V" Device that was not included on his DD Form 214 at the time of separation.
ARMY | BCMR | CY2003 | 2003090348C070212
The applicant states, in effect, that he was just recently notified that he was eligible to receive retired pay by the Army Reserve Personnel Command (ARPERSCOM) on 15 April 2003. The evidence of record confirms that the applicant completed the qualifying service necessary to receive non-regular retired pay upon reaching age 60 on 14 May 1989, as evidenced by the 15 May 2003 letter from ARPERSCOM retirement officials. The Board determined that the evidence presented was sufficient to...
ARMY | BCMR | CY2003 | 2003090351C070212
The applicant requests, in effect, that errors contained on his 9 February 1977 separation document (DD Form 214) be corrected. On 5 February 1977, the separation authority approved the TDP separation action on the applicant and directed that the applicant receive an honorable discharge under the provisions of paragraph 5-39, Army Regulation 635-200. The evidence of record also confirms that the applicant’s separation processing was accomplished in accordance with the applicable regulation...
ARMY | BCMR | CY2003 | 2003090352C070212
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. There is no evidence of error regarding the applicant's SSAN on his DD Form 214 for the period ending 12 July 1979 (his new SSAN was effective on that date). 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 | 2003090355C070212
It appears he was not married at that time and, by failing to return the DD Form 1883, did not make an RCSBP election. The FSM and the applicant married in 1998. In the absence of substantiating evidence (i.e., the DD Form 1883) it does not appear that failure to grant the applicant’s requested relief would be inequitable.
ARMY | BCMR | CY2003 | 2003090367C070212
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 correcting the applicant's effective date and DOR for promotion to the rank of major to 28 February 1998 and that his records be placed before a Special Selection Board for promotion to the rank of lieutenant colonel, if eligible.
ARMY | BCMR | CY2003 | 2003090370C070212
The applicant requests, in effect, that his oath of office for acceptance of a United States Army Reserve (USAR) appointment be antedated to 1 March 2000 and that he receive promotion consideration by a special selection board to the rank of chief warrant officer four (CW4). On 10 February 2003, the applicant executed an oath of office to accept an appointment as a Reserve Warrant Officer (CW3) and orders were published by the Total Army Reserve Personnel Command (ARPERSCOM) on 14 February...
ARMY | BCMR | CY2003 | 2003090373C070212
Paragraph (a) states, in pertinent part, that officers shall be placed in the promotion zone and shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a) of this title, far enough in advance of completing the MYIG so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service. Paragraph (b) states, in effect, that a RC officer who is...
ARMY | BCMR | CY2003 | 2003090375C070212
He was promoted to major with a promotion effective date and date of rank of 21 January 2003. TPU officers selected by a mandatory board will have a promotion effective date and rank of rank no earlier than the date the board is approved provided they are assigned to a position in the higher grade. The applicant is entitled to correction of his promotion effective date and date of rank for promotion to major 1 April 2002, the day after his transfer to a Reserve TPU major's position.
ARMY | BCMR | CY2003 | 2003090379C070212
The opinion also stated that the Army Board for Correction of Military Records is the office that has the authority to grant a waiver for education for past criteria. The applicant had not completed his military education by the convening dates of the 2001 and 2002 promotion boards, he was not qualified for promotion without the 50 percent completion of the CGSOC, and he is also not entitled to promotion reconsideration to major under the 2002 criteria. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 2003090382C070212
Title 10, U. S. Code, section 14304 states that officers shall be placed in the promotion zone for that officer’s grade and competitive category and shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing the years of service in grade specified so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service. He was subsequently...
ARMY | BCMR | CY2003 | 2003090384C070212
The Office of Promotions, Reserve Components can only grant a waiver for an upcoming selection board and the request must be received prior to the convening date of the selection board. The opinion also stated that the Army Board for Correction of Military Records (ABCMR) is the office that has the authority to grant a waiver for education for past criteria. The regulation also specifies that completion of an OAC not later than the day before the selection board convening date is required...
ARMY | BCMR | CY2003 | 2003090387C070212
The applicant's military records show he was appointed in the Reserve as a second lieutenant effective 22 January 1999, with prior enlisted service. The Chief, Military Personnel Actions Branch, AR-PERSCOM, expressed the opinion that the applicant was appointed in the grade of second lieutenant on 22 January 1999; therefore, he was eligible for promotion on 21 January 2001. She also opined that since the applicant was assigned to the IRR when his initial security clearance was valid, it...
ARMY | BCMR | CY2003 | 2003090388C070212
The applicant was mobilized and promoted to captain with a promotion effective date and date of rank of 21 February 2003. This regulation specifies that AMEDD officers regardless of grade in which appointed are required to complete the AMEDD resident OBC within 3 years after appointment for promotion to captain. The applicant was also required to complete the AMEDD OBC for promotion to captain; therefore, he was not eligible for promotion to captain on the date he completed his residency program.
ARMY | BCMR | CY2003 | 2003090390C070212
In the processing of that formal LOD investigation, a statement was obtained from the physician who had made the entry that the applicant had stated she had been taking anti-psychotic medications prior to AT. As the illness progresses, psychotic symptoms develop: The preponderance of evidence supports a finding that the applicant’s schizophrenia existed prior to her entry on active duty during her AT, and there is no evidence of any event which may have aggravated that condition.
ARMY | BCMR | CY2003 | 2003090429C070212
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that her records be corrected to reflect that she has 20 qualifying years of service for retirement or that her mandatory removal date be changed to 15 January 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by extending her service as an exception to policy to show her RYE date as 25 December 2001, by granting her a qualifying year of service...
ARMY | BCMR | CY2003 | 2003090432C070212
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 concludes that the relief granted in its original findings should be modified by changing the portion of the recommendation that pertained to the award of the AGCM. That all of the Department of the Army records related to this case be corrected by amending the recommendation appearing in the...
ARMY | BCMR | CY2003 | 2003090433C070212
The applicant states that the Army Reserve Personnel Command (AR-PERSCOM) sent him a promotion packet to complete for the November 2002 captain selection board. The Chief, Special Actions Branch, Office of Promotions, Reserve Components, PERSCOM, expressed the opinion that based on an erroneous DOR in the system of 9 August 1998, the applicant was considered for promotion by the 2002 RCSB and selected. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 2003090444C070212
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry (RE) code which would allow reenlistment. The MEB Narrative Summary shows the applicant sustained a left knee hyperextension injury while running during physical training in May 1993. He was diagnosed with left knee PCL rupture status post PCL reconstruction utilizing fresh frozen Achilles allograft; failed allograft and status post PCL reconstruction of left knee utilizing autogenous patellar bone tendon bone...
ARMY | BCMR | CY2003 | 2003090446C070212
EVIDENCE OF RECORD : The applicant's military records show: On 23 March 1994, the United States Army Court of Military Review upon consideration of the entire record, held that the findings of guilty and the sentence as approved by the GCM convening authority was correct in law and fact. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDARSUFFIXRECONDATE BOARDEDTYPE OF DISCHARGE(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)DATE OF DISCHARGEDISCHARGE...
ARMY | BCMR | CY2003 | 2003090450C070212
APPLICANT REQUESTS: That his Article 15 dated 24 January 1988 be removed from his records. The Board notes that, as an E-4 with more than 3 years of service, the applicant’s Article 15 was properly filed in his restricted fiche in accordance with regulation and the determination of the imposing commander and there is no evidence of error. Disciplinary information from his restricted fiche will not be routinely provided to selection boards until the time he is considered for promotion to...
ARMY | BCMR | CY2003 | 2003090452C070212
The applicant requests, in effect, a military education waiver and promotion reconsideration to major. The applicant's records show he received officer evaluation reports (OER) for the periods ending 5 May 1992, 14 April 1994, and 4 November 1994, in which each rater stated the applicant should be selected for and attend OAC. The applicant had not completed his military education by the convening dates of the 2001 and 2002 promotion boards, he was not qualified for promotion without an...