ARMY | BCMR | CY2003 | 2003091407C070212
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE : He provides a copy of a statement from a former comrade, who attests that the applicant was assigned to the 194th and was injured as the applicant so states. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 2003091415C070212
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 | 2003091425C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. By regulation, SPD code JPD and RE-4 code are the proper codes to assign members separating under the provisions of chapter 9, Army Regulation 635-200, by reason of alcohol rehabilitation...
ARMY | BCMR | CY2003 | 2003091429C070212
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. The SPD code of LBK is assigned to soldiers who are separated under the provisions of chapter 4, Army Regulation 635-200, completion of required active service when they are ineligible for, barred from, or...
ARMY | BCMR | CY2003 | 2003091434C070212
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’s case was referred to the United States Army Court of Military Review (USACMR). The evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2003 | 2003091447C070212
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 | 2003091450C070212
After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 16 November 1967 through 19 October 1969. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2003 | 2003091451C070212
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. 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 separation document.
ARMY | BCMR | CY2003 | 2003091452C070212
There is no indication that the applicant was disqualified for award of the Good Conduct Medal. 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 20 September 1948 through 19 September 1951.
ARMY | BCMR | CY2003 | 2003091471C070212
However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge. The applicant's records indicate that the Army Discharge Review Board denied the applicant's petition to upgrade his discharge in 1974 and that this Board denied his petition to upgrade his discharge in 1975. In 1981 the Army Discharge Review Board again denied his request to upgrade his discharge.
ARMY | BCMR | CY2003 | 2003091472C070212
The applicant provides a copy of a Korean War Casualty Listing, which reflects his branch as infantry and his military occupation specialty (MOS) as 01745. However, the DD Form 214 does not contain a specialty code and the Board in its previous decision did not have any evidence to corroborate the applicant's claim that he served as an infantryman. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this...
ARMY | BCMR | CY2003 | 2003091476C070212
The Board considered the following evidence: On 29 January 1998, the applicant was notified that his commander was initiating action to separate him from the Army under the provisions of Army Regulation (AR) 635-200, chapter 14, section III, paragraph 14-12c(2), for misconduct – abuse of illegal drugs (marijuana). On 26 July 2002, the ADRB reviewed the applicant's discharge and by unanimous decision voted to grant relief and upgrade the discharge to honorable.
ARMY | BCMR | CY2003 | 2003091481C070212
The FSM's military records are not available to the Board for review. Accordingly, lacking evidence to show that he was injured as a result of action by the enemy during WWII, that medical treatment was rendered and made a matter of record for that injury, there is no basis to award the FSM the Purple Heart at this time. While it is unfortunate that the records to substantiate the applicant's claim are not available for the Board's review, based on the available evidence, the Board is...
ARMY | BCMR | CY2003 | 2003091484C070212
The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of her discharge on 13 July 1983. After reviewing all of the evidence in her case, the ADRB determined that her discharge properly characterized her service and voted unanimously to deny her request on 28 December 1983. Records show the applicant should have discovered the error or injustice now under consideration on 28 December 1983; therefore, the time for the applicant to file a request for correction of any...
ARMY | BCMR | CY2003 | 2003091490C070212
The applicant requests, in effect, that his DD Form 214, Report of Separation from the Armed Forces of the United States, be corrected to show that he volunteered to serve in Korea during the Korean War. 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 his DD Form 214. That all Department of the Army records related to this case be corrected by awarding the...
ARMY | BCMR | CY2003 | 2003091491C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 9 June 2003, the applicant submitted an application to the Army Board for Corrections of Military Records (ABCMR) requesting amendment to DA Form 1059 to reflect that he satisfactorily completed BNCOC 98-05. The evidence of record shows the applicant submitted driving record transcripts from the State of Virginia showing no history of DUI as additional evidence and a copy of Periodic...
ARMY | BCMR | CY2003 | 2003091492C070212
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. A Safety Accident Investigation Report (SI) was also initiated by the GCMCA on 17 February 2001. Because of this violation, the Board determined that the GOMOR, dated 8 August 2001, and all associated documents, to include the applicant’s rebuttal and any other document that refers to the GOMOR, should be...
ARMY | BCMR | CY2003 | 2003091493C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. However, the ESRB partially approved the applicant’s appeal on 21 January 2000 and directed: a. that USAEREC will change Part IVc (Height) of the contested report from 64 inches to 66 inches; b. that promotion reconsideration is not warranted because of the change in height; c. that the rating officials on the contested report are correct; d. that the supporting documentation submitted...
ARMY | BCMR | CY2003 | 2003091494C070212
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE : The applicant’s brigade commander approved the applicant’s removal from the Drill Sergeant Program under the provisions of paragraph 8-18a (7), Army Regulation 614-200. However, the evidence of record confirms that the applicant was involved in an incident with a soldier in training that led to her receiving a LOR.
ARMY | BCMR | CY2003 | 2003091495C070212
The applicant's Officer Qualification Record shows his service in Vietnam and the awards that he received. There is no evidence and the applicant has not submitted any to show that he was wounded in action. Consequently, there is insufficient evidence to grant his request for award of the Purple Heart.
ARMY | BCMR | CY2003 | 2003091497C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Appendix l (Separation Program Number and Authority Governing Separations) of Army Regulation 635-5 (Personnel Separations Separation Documents), in effect at the time, states the reason for discharge based on separation program number “386” is “An established pattern for shirking” and the regulatory authority is Army Regulation 635-208. The Board reviewed the applicant’s...
ARMY | BCMR | CY2003 | 2003091501C070212
The applicant's military records are not available; however, his records were summarized in a previous consideration of his case by the Army Board for Correction of Military Records on 29 March 1995 in Docket Number AC93-08001. The Board on that date acted jupon the applicant's request that his bad conduct discharge be upgraded to honorable. Accordingly, on 24 March 1987 the applicant was discharged with a bad conduct discharge.
ARMY | BCMR | CY2003 | 2003091524C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant’s request that the Board review the evidence of record and determine for itself whether his command proved that he was guilty of the charges preferred against him beyond a reasonable doubt and whether he was denied due process must also be addressed.
ARMY | BCMR | CY2003 | 2003091540C070212
IN THE CASE OF: BOARD DATE: 25 MARCH 2004 DOCKET NUMBER: AR2003091540 On 21 May 2003, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2003 | 2003091546C070212
On 2 January 2002, the appropriate separation authority approved the applicant’s separation under the provisions of Army Regulation 635-200, chapter 14, for a pattern of misconduct, and directed the issuance of a general discharge. On 28 Mary 2003, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable...
ARMY | BCMR | CY2003 | 2003091553C070212
The applicant was promoted to first lieutenant effective 22 July 1996. ROPMA provides that Reserve officers appointed on or after 1 October 1996 in the grade of second lieutenant will be considered for promotion to first lieutenant after serving 2 years time in grade without review by a selection board. Under ROPMA an officer appointed as a second lieutenant on or after 1 October 1996 would be eligible for promotion to first lieutenant upon completion of 2 years time in grade.
ARMY | BCMR | CY2003 | 2003091557C070212
The applicant's records show that he was awarded the Vietnam Service Medal. Evidence of record shows that the applicant was awarded the BSM for meritorious service in action for the period 14 March 1968 through 28 March 1969. Evidence of record shows that the applicant participated in three campaigns during his assignment to the RVN.
ARMY | BCMR | CY2003 | 2003091559C070212
In effect, the applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that his MOS (Military Occupational Specialty) was not that of a receiving clerk, but as a 36K10, 05M, and/or a 31V (communications). He also requests, in effect, that his DD Form 214 be corrected to delete the remark that he was discharged because of an established pattern of shirking. On 14 January 1982 the applicant's commanding officer notified the...
ARMY | BCMR | CY2003 | 2003091562C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. However, his record does show that he earned the PH, for being wounded in action while serving in the RVN and that he received the Parachutist Badge based on his completion of the Airborne Course. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal, for his qualifying period of...
ARMY | BCMR | CY2003 | 2003091563C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's military records show that he enlisted in the Army on 29 November 1971. Army Regulation 600-8-22 (Military Awards) provides that marksmanship badges are awarded to indicate the degree in which an individual has qualified in prescribed weapons firing courses or events.
ARMY | BCMR | CY2003 | 2003091567C070212
The Board considered the following evidence: On 14 June 2001 the applicant consulted with counsel and voluntarily requested discharge in lieu of trial by court-martial under the provisions of Army Regulation 635-200, Chapter 10. It prescribes basic eligibility for prior service applicants for enlistment, and includes a list of armed forces RE codes, including RA RE codes.
ARMY | BCMR | CY2003 | 2003091570C070212
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 correction of his records to show award of the "Combat Aviation Badge" (correctly known as the Aircraft Crew Member Badge) and the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by awarding him the Army...
ARMY | BCMR | CY2003 | 2003091573C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. The Board determined that administrative error in the records of the individual should be corrected.
ARMY | BCMR | CY2003 | 2003091574C070212
The applicant states that he received three awards of the Purple Heart for wounds received in action in Vietnam; however, none of them are entered on his DD Form 214. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation, and the Valorous Unit Award (VUA)...
ARMY | BCMR | CY2003 | 2003091577C070212
The applicant requests, in essence, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart (PH); Combat Infantryman Badge (CIB); Vietnam Gallantry Cross Unit Citation with Palm; Overseas Service Bar; "V" Device for wear on the Bronze Star Medal (BSM); 60 Device for wear on the Vietnam Campaign Medal (VCM); the oak leaf cluster to show the 2nd award of the Army Commendation Medal (ARCOM) and the Sharpshooter...
ARMY | BCMR | CY2003 | 2003091578C070212
The applicant states, in effect, that the PH he earned for being wounded in action while serving in the Republic of Vietnam (RVN) was not included in the list of awards contained on his 23 October 1968 separation document (DD Form 214). Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. ...
ARMY | BCMR | CY2003 | 2003091579C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review. A review of all available records confirms the applicant's entitlement to the PH and CIB.
ARMY | BCMR | CY2003 | 2003091581C070212
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 600-8-22, paragraph 2-8, provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. However, there is insufficient evidence to show that the applicant’s wounds were not received at the same instant or from the same missile, force, explosion, or agent.
ARMY | BCMR | CY2003 | 2003091583C070212
The board found the applicant to be medically fit for military service. Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years active service and a disability rated at less than 30 percent. He was medically evacuated from Vietnam and, at Ireland Army Hospital, he underwent physical evaluation processing which found him to be unfit for duty with an 80 percent disability.
ARMY | BCMR | CY2003 | 2003091585C070212
The fact that the VA may now have determined that the applicant exhibited signs of MS while on active duty is not evidence that her service medical records are in error. If the VA did grant the applicant a disability rating for MS, that does not necessarily demonstrate any error or injustice in the basis for her separation from the Army. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 2003091586C070212
The applicant requests that the records of her deceased husband, a former service member (FSM), be corrected to show his date of induction into the Army as 27 January 1942, vice the 27 June 1942 date shown; and that he be awarded the Combat Infantryman Badge. She states that he would have been awarded the Combat Infantryman Badge because of his service in the Philippines and the awards that he received. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2003 | 2003091587 C070212
The applicant's military records contain a copy of his enlistment contract, which includes a DD Form 1966/5 that contains background data on the applicant. On 6 March 1985, the separation authority approved the separation action and directed that the applicant be discharged under the provisions of Army Regulation 635-200, Chapter 7, by reason of fraudulent enlistment. The evidence of record clearly shows that the applicant failed to disclose his past criminal record at the time of his enlistment.
ARMY | BCMR | CY2003 | 2003091588C070212
The applicant requests, in effect, that the DA Form 1059, Service School Academic Evaluation Report (AER), dated 9 August 1996, be expunged from her Official Military Personnel File (OMPF). The applicant's AER, for the period 15 July 1996 through 9 August 1996, shows a forwarding address for a unit in Korea. The applicant in her response and acknowledgement to the notification under the provisions of Title 10, US Code 1556 stated that she had tried for 6 years to get the erroneous DA Form...
ARMY | BCMR | CY2003 | 2003091590C070212
The applicant requests, in effect, promotion to captain with a date of rank based on the 1995 Reserve Components Selection Board (RCSB). Based on the required 4 years time in grade, his promotion eligibility date (PED) for captain was 14 October 1994. An officer selected by an SSB would be entitled to the same date of rank as if the officer had been recommended for promotion to the grade by the mandatory board that should have considered the officer.
ARMY | BCMR | CY2003 | 2003091591C070212
The applicant requests that his records be corrected by voiding his discharge from the U.S. Army Reserve, and reinstating him in the IRR (Individual Ready Reserve) in the grade of first lieutenant, with a date of rank/appointment that would allow him enough time to complete the Judge Advocate Officer Basic Course (JAOBC), and be considered by a Department of the Army Reserve Component Selection Board for promotion to captain. The applicant provides copies of documents he received from the...
ARMY | BCMR | CY2003 | 2003091597C070212
The evidence of record further shows that on 31 August 1981, an additional court-martial charge was brought against the applicant for: failing to go, at the time prescribed, to his appointed place of duty, battery formation, on 19 August 1981. The evidence of record shows that, on 16 September 1981, the applicant consulted with counsel and submitted a request for discharge from the service under the provision of Army Regulation (AR) 635-200, chapter 10, for the good of the service. The...
ARMY | BCMR | CY2003 | 2003091598C070212
The evidence of record contains active duty separation documents that confirm the applicant completed a total of 19 years, 1 month, and 18 days of active military service as of his final separation date of 14 July 1997. The information and documents considered during this review included all the documents provided by the applicant, the retired account data on file at HRC, St. Louis, and all available master pay account documents provided by the DFAS. Although the review of the applicant’s...
ARMY | BCMR | CY2003 | 2003091601C070212
Counsel requests, in effect, waiver of the law that requires a retiree to survive two years from the date of enrollment before a beneficiary is eligible for an SBP annuity. The evidence of record shows that the FSM and his spouse were married on 2 July 1955, seven months after the FSM entered active duty. The evidence of record further shows that the applicant began the process to enroll in the SBP with the intent of enrolling with an effective date of 1 December 1992; however, his formal...
ARMY | BCMR | CY2003 | 2003091605C070212
The applicant requests that she be determined to be the beneficiary of the Survivor Benefit Plan (SBP) of her deceased spouse, a former service member (FSM). The applicant provides the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 January 1964; their marriage license; his death certificate; a copy of a letter to her from the FSM dated 12 April 1983; a letter from the Chief, Army Retirement Services to the applicant dated 16...
ARMY | BCMR | CY2003 | 2003091607C070212
The evidence confirms that the applicant had more than 4 years of active enlisted and warrant officer service when he was ordered to active duty as United States Army Reserve officer and as such, at the time of his separation he would have been serving in the recognized pay grade of 0-2E. 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...