ARMY | BCMR | CY2003 | 2003091305C070212
Further, the applicant's separation qualification record shows that while he was serving in the position of squad leader he held the grade of PFC. The applicant's military records contain an honorable discharge certificate, dated 30 April 1946, which further shows that he was a PFC when he was separated from the Army The records show the applicant should have discovered the error or injustice now under consideration on 30 April 1946, the date of his separation from active duty.
ARMY | BCMR | CY2003 | 2003091310C070212
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 in this case confirms that the applicant elected full spouse SBP coverage at the time of his retirement, and that premium payments for this elected coverage were properly deducted from his retired pay while there remained an eligible beneficiary as is required by law. BOARD...
ARMY | BCMR | CY2003 | 2003091311C070212
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. There is no evidence that shows that the unit, to which the applicant was assigned, was awarded the Republic of Korea Presidential Unit Citation while he was assigned to the unit. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2003 | 2003091312C070212
PROCEEDINGS BOARD DATE: 21 OCTOBER 2003 DOCKET NUMBER: AR2003091312 The Unit Citation and Campaign Participation Register shows that the 40th Tank Battalion was awarded the Belgian Fourragere for its actions from 16 December 1944 to 31 December 1944, and from 20 January 1945 to 29 January 1945. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds received in action on 10 September 1944, and by...
ARMY | BCMR | CY2003 | 2003091313C070212
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 imposing commander directed that the Article 15 be filed in the applicant's performance fiche of his Official Military Personnel File (OMPF) and was advised of his right to appeal the punishment. Paragraph 2-4 of this regulation states that once a document is placed in the OMPF it becomes a permanent part...
ARMY | BCMR | CY2003 | 2003091315C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the student loans which were determined not to be payable under the terms of the Loan Repayment Program (LRP) be paid. The LRP is an educational enlistment incentive which provides for payment of 33 1/3 percent or $1,500.00, whichever is more, of the unpaid principal of eligible student loans for each year of active duty a soldier completes.
ARMY | BCMR | CY2003 | 2003091319C070212
The evidence of record shows that the applicant received NJP during his service in the Army. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the first award of the Army Good Conduct Medal, for his qualifying honorable service from 20 November 1964 through 18 November...
ARMY | BCMR | CY2003 | 2003091322C070212
He was found guilty and sentenced to be discharged with a BCD, confinement at hard labor for 1 year, and forfeiture of all pay and allowances. The evidence of record clearly shows that the applicant was adjudged guilty by court-martial and that the convening authority approved the sentence. The Board finds no reason to grant clemency in this case.
ARMY | BCMR | CY2003 | 2003091324C070212
The applicant applied to the Army Discharge Review Board (ADRB) on 9 April 2003. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge. The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his separation which resulted in his receiving an RE Code of RE "4" was in error or unjust.
ARMY | BCMR | CY2003 | 2003091330C070212
The applicant requests that his bad conduct discharge be upgraded to an honorable discharge. On 25 April 1997, the applicant was discharged from the Army pursuant to the sentence of a general court-martial and was issued a bad conduct discharge. It is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2003 | 2003091331C070212
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 requests that the "discharge certificate" that was issued to her deceased husband, a former service member (FSM), be corrected to show the correct spelling of his last name. That the applicant be issued a DD Form 303a (Certificate in Lieu of Lost or Destroyed Discharge) for her late husband.
ARMY | BCMR | CY2003 | 2003091332C070212
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. Exhibit A - Application for correction of military records. Therefore, he is entitled to award of he NDSM and correction of his record to show this award
ARMY | BCMR | CY2003 | 2003091333C070212
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 record confirms he was awarded the Good Conduct Medal for his service in the Army. 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 Purple Heart, Valorous Unit Award, Republic of...
ARMY | BCMR | CY2003 | 2003091334C070212
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 the absence of more compelling medical evidence that the applicant was wounded as result of hostile action, there is no basis for an award of the Purple Heart. There is no evidence, and the applicant has not provided any, that he was recommended for or awarded the Bronze Star Medal while in Vietnam.
ARMY | BCMR | CY2003 | 2003091335C070212
A general discharge is a separation from the Army under honorable conditions. 916, provides that it is an affirmative defense to any offense that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his or her acts. Consideration has been given to the applicant's contentions; however, there is no evidence, and the applicant has provided no...
ARMY | BCMR | CY2003 | 2003091336C070212
The applicant requests that his discharge be upgraded to honorable. 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...
ARMY | BCMR | CY2003 | 2003091337C070212
Although the available records are not specific as to his disqualification, they show that nonjudicial punishment (NJP) was imposed against him for misconduct, which resulted in his reduction to the pay grade of E-1. On 17 November 1982, after consulting with counsel, 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. There is no indication in the available records to...
ARMY | BCMR | CY2003 | 2003091340C070212
IN THE CASE OF: BOARD DATE: 20 November 2003 DOCKET NUMBER: AR2003091340 The Board considered the following evidence: The applicant requests that item 19a (Mailing Address After Separation) and item 19b (Nearest Relative) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his new address in Florida.
ARMY | BCMR | CY2003 | 2003091341C070212
The applicant requests that his undesirable discharge be upgraded to a general discharge. The application submitted in this case is dated 20 May 2003. There is no evidence in the available records which show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2003 | 2003091343C070212
EVIDENCE OF RECORD : The applicant's military records show: A copy of the locally imposed bar to reenlistment, which served as the catalyst for the individuals request for separation, is not on file in the applicant's service personnel record. The evidence of record shows that the applicant had received nonjudicial punishment under Article 15, had been notified that he was being considered for elimination from the Army and that his pay had been placed in involuntarily accrual, and had a...
ARMY | BCMR | CY2003 | 2003091345C070212
The applicant’s DD Form 214 (Report of Transfer or Discharge) lists his awards as the Bronze Star Medal with ”V” Device, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Air Crewman Badge, the Expert Badge with Rifle and Pistol Bar, and the Sharpshooter Badge with Rifle Bar. The Board determined that the evidence presented was sufficient to warrant a recommendation for...
ARMY | BCMR | CY2003 | 2003091347C070212
The applicant requests, in effect, that his records be corrected to reflect award of the Purple Heart and appropriate campaign participation on his Vietnam Service Medal. The evidence confirms that the applicant was awarded the Purple Heart for wounds received as a result of hostile action while in Vietnam. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 8 January 1970.
ARMY | BCMR | CY2003 | 2003091348C070212
The applicant's military records show that he was inducted into the Army of the United States on 3 September 1969. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Good Conduct Medal for the period 3 September 1969 through 1 September 1971; one bronze...
ARMY | BCMR | CY2003 | 2003091349C070212
An RE-4 applies to persons separated from their last period of service with a nonwaivable disqualification that includes persons being separated in pay grade E-2 and below, persons with bars to reenlistment who request separation prior to the end of their active duty obligation, who are separated with a Department of the Army bar to reenlistment in effect or who exceed their retention control point. Footnote 7, of the table, states that the code "LBK" will be "used for Regular Army soldiers...
ARMY | BCMR | CY2003 | 2003091350C070212
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the third award of the Army Achievement Medal. The applicant states, in effect, that the third award of the Army Achievement Medal should be added to his DD Form 214. The evidence of record shows the applicant was awarded a third award of the Army Achievement Medal.
ARMY | BCMR | CY2003 | 2003091352C070212
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 the second award of the Meritorious Service Medal (MSM). 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 | 2003091357C070212
Army Regulation 600-8-1, the regulation which prescribes the policy and procedures for conducting LODIs, paragraph 41-8 states, in pertinent part, that if an existing prior to service (EPTS) condition was aggravated by military service, the finding will be in line of duty. Without evidence to show that he actually contracted actinic keratosis while on that period of active duty, his LODI was properly approved as NLD-NDOM. Also not germane to the outcome of this case is the...
ARMY | BCMR | CY2003 | 2003091359C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 December 1979; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 December 1982. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2003 | 200309135C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. 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...
ARMY | BCMR | CY2003 | 2003091360C070212
The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the Army for 8 years. The applicant clearly enlisted in the Army for 4 years and 00 weeks. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract of the individual concerned to show that he enlisted in the Army for 4 years and 00 weeks instead of 8 years and 00 weeks as currently reflected.
ARMY | BCMR | CY2003 | 2003091362C070212
The applicant states, in effect, that her enlistment contract erroneously shows that she enlisted in the Army Reserve for 6 years. However, the MFR from USAREC dated 19 May 2003 confirms that the enlistment contract is incorrect and should be corrected to reflect her term of enlistment as 8 years. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract of the individual concerned to show that she enlisted in the...
ARMY | BCMR | CY2003 | 2003091363C070212
The applicant states, in effect, that her enlistment contract erroneously shows that she enlisted in the Army for 3 years. The applicant clearly enlisted in the Army for 2 years and 00 weeks. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by amending the enlistment contract of the individual concerned to show that she enlisted in the Army for 2 years and 00 weeks instead of 3 years and 00 weeks as currently reflected.
ARMY | BCMR | CY2003 | 2003091364C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Table 2-1 of this regulation states that “NA” will be entered in Item 27, REENTRY CODE, of the DD Form 214 when separating a reservist or guardsman upon completion of active duty for training (ADT) or full time training duty. This program essentially provides for the separation, in an entry level status, of new personnel who are recommended for separation during their initial 180 days...
ARMY | BCMR | CY2003 | 2003091365C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Therefore, a DD Form 215 should be prepared, correcting Item 13 of the applicant’s last DD Form 214, dated 16 June 1994, showing that the applicant is entitled to the following awards and decorations: the Army Commendation Medal; the Southwest Asia Service Medal with two bronze service stars; the National Defense Service Medal; the Army Service Ribbon; the Overseas Service Ribbon; the...
ARMY | BCMR | CY2003 | 2003091366C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Since the applicant was properly assigned a code of RE-3, there is no reason to change that code. These individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE code.
ARMY | BCMR | CY2003 | 2003091367C070212
The applicant requests that his DD Form 214 (Report of Transfer or Discharge) show that he was awarded the Purple Heart, the Bronze Star Medal with "V" device, and the Army Commendation Medal. The dates on the certificate showing award of the Army Commendation Medal were apparently prepared based on an assumption by administrative personnel that he served a one-year tour of duty in Vietnam. The Board determined that the evidence presented was sufficient to warrant a recommendation for...
ARMY | BCMR | CY2003 | 2003091374C070212
The Board considered the following evidence: The applicant requests, in effect, that the reentry (RE) code of RE-3 he was assigned upon his separation from active duty be removed from his separation document (DD Form 214). The separation document issued to the applicant on the date of his separation confirms that the authority for his separation was paragraph 16-8, Army Regulation 635-200, by reason of reduction in force.
ARMY | BCMR | CY2003 | 2003091375C070212
He was honorably released from active duty on 11 March 1997 under the provisions of Army Regulation 635-200, chapter 4 at the completion of his required active service. The applicant was released from active duty on 11 March 1997 under the provisions of Army Regulation 635-200, chapter 4 at the completion of his required active service with the bar to reenlistment in effect. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief...
ARMY | BCMR | CY2003 | 2003091377C070212
The applicant requests that his DD Form 214 (Report of Separation From The Armed Forces of the United States) be corrected to show award of the Purple Heart (PH), Good Conduct Medal (GCMDL), National Defense Service Medal (NDSM), Korean Service Medal (KSM), and United Nations Service Medal (UNSM). The applicant’s military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2003 | 2003091378C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The regulation states that the Distinguished Service Cross is awarded to any person who, while serving in any capacity with the Army of the United States, shall have distinguished himself or herself by extraordinary heroism in connection with military operations against an armed enemy. Military records further show that the Acting Vice Chief of Staff of the Army approved the...
ARMY | BCMR | CY2003 | 2003091379C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Therefore, he is entitled to correction of his records to show this award. Therefore, he is entitled to correction of his records to show this unit award.
ARMY | BCMR | CY2003 | 2003091380C070212
Item 33 of the applicant's DA Form 20 correctly shows he was serving in the rank and pay grade, Specialist Four, E-4, on the date of his release from active duty; hence, no change to Item 33 is required at this time. No formal certificate (discharge certificate) was authorized to be issued; therefore, the entry, "None" in Item 33 of the applicant's DD Form 214 is correct, and no change is required. There is no evidence, and the applicant has provided none, to show that he was either...
ARMY | BCMR | CY2003 | 2003091382C070212
The applicant states he inquired about appearing before a MEB (Medical Evaluation Board) but was told he had signed a declination for continued service and as such, would separate on his scheduled separation date (ETS). A 13 May 2002 Enlisted Record Brief indicates that the applicant had no significant physical limitation and his physical profile was recorded as 1 1 1 1 1 1 on that document. There is no evidence, and the applicant has not provided any, which confirms that he was physically...
ARMY | BCMR | CY2003 | 2003091385C070212
The applicant’s military records are not available to the Board for review. Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 November 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 19 November 1956. BOARD DETERMINATION/RECOMMENDATION: 1.
ARMY | BCMR | CY2003 | 2003091390C070212
He had engaged in homosexual relationships during the time he was enlisted and up until the present, but not with anyone in military service. There is no evidence that the applicant ever applied to the Army Discharge Review Board within that board's 15-year statute of limitations. The evidence of record clearly shows that the applicant admitted to being a homosexual no less than three times and signed sworn statements to that effect at least twice.
ARMY | BCMR | CY2003 | 2003091392C070212
This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. The applicant declined counsel, waived his right to a hearing before a board of officers, declined to submit statements in his own behalf, and acknowledged that he understood the effects of an undesirable discharge. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 2003091394C070212
The applicant states by listing Army Discharge Review Board issue numbers, that he was not a drug and alcohol rehabilitation failure, and that he would like his record of court-martial convictions, his record of convictions by civil authorities while he was in the Army, and his application for compassionate reassignment to be taken into consideration in determining whether his discharge should be upgraded. The board of officers found “That a clear pattern of continued misconduct has been...
ARMY | BCMR | CY2003 | 2003091395C070212
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 requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he separated in the pay grade of E-5. 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 | 2003091397C070212
The applicant requests that his records be corrected to show his overseas and combat service. Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the Purple Heart to prisoners of war, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war. 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 CIB.
ARMY | BCMR | CY2003 | 2003091406C070212
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE : The applicant’s request for discharge was approved and on 25 February 2002 the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by court-martial. That regulation also states that an individual separated from any United States Armed Forces, or its Reserve Component, whose separation documents contain a disqualifying RE Code will not be considered for...