ARMY | BCMR | CY2003 | 2003091608C070212
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE : 1. The applicant was discharged on 24 October 2001. 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.
ARMY | BCMR | CY2003 | 2003091609C070212
The applicant’s military records show that he was inducted into the Army of the United States on 6 May 1968. The comment entered by the applicant in the SF 93 dated 1979 about his hospitalization in Can Tho when he was 22 years of age was classified by the applicant himself as an "injury" and not a "wound." That all of the Department of the Army records related to this case be corrected by awarding the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the...
ARMY | BCMR | CY2003 | 2003091613C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 19 February 1980, he was discharged from the DEP and enlisted in the Regular Army for 4 years and training in military occupational specialty (MOS) 72E (Telecommunications Center Operator). On 9 October 1986, the United States Court of Military Appeals denied the applicant's petition for grant of review.
ARMY | BCMR | CY2003 | 2003091642C070212
In his request for an advisory opinion, the commander asked if the convening authority could entertain and grant a request for discharge for the good of the service under Army Regulation (AR) 635-200, chapter 10, after the court-martial had sentenced an accused; and could the convening authority grant a request for discharge for the good of the service after the convening authority completes his action, when that action approves but does not suspend the punitive discharge? The evidence of...
ARMY | BCMR | CY2003 | 2003091646C070212
The Board considered the following evidence: The resultant sentence included a forfeiture of all pay and allowances, discharge from the service with a DD, and confinement for five years. The evidence of record confirms that the applicant was over 21 years of age at the time he entered active duty.
ARMY | BCMR | CY2003 | 2003091649C070212
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 | 2003091650C070212
The applicant’s military records show that the applicant was inducted in the Army of the United States on 28 January 1969. There is no evidence and the applicant provided none to show he was awarded the Bronze Star Medal and the Army Commendation Medal while he served on active duty. b. awarding the applicant the Vietnam Service Medal with four bronze service stars and adding these awards to Block 24 of his DD Form 214;
ARMY | BCMR | CY2003 | 2003091652C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 31 January 1984, the United States Army Court of Military Review upon consideration of the entire record of the special court-martial, including consideration of the issues specified by the appellant, held that the findings of guilty and the sentence as approved by the convening authority were correct in law and fact. There is no evidence of record that indicates the applicant...
ARMY | BCMR | CY2003 | 2003091653C070212
The applicant requests that his discharge under other than honorable conditions be upgraded to a more favorable discharge. The application submitted in this case is dated 3 May 2003. The applicant consulted with counsel on 15 June 1979, at which time the counsel again advised the applicant of his rights and the repercussions of requesting and/or receiving a discharge under other than honorable conditions.
ARMY | BCMR | CY2003 | 2003091656C070212
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 evidence of record...
ARMY | BCMR | CY2003 | 2003091657C070212
EVIDENCE OF RECORD : The applicant's military records show: On 7 October 1969, the appeal was denied and the punishment was ordered executed as presented. The request for the applicant's discharge submitted by command is not in the applicant's service personnel records; however, two endorsements related to the action are present.
ARMY | BCMR | CY2003 | 2003091659C070212
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant’s request to be discharge was approved and on 16 January 1976 the applicant was discharged under other than honorable conditions and was issued an undesirable discharge certificate. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2003 | 2003091660C070212
The applicant submitted a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; a self-authored, Letter of Issues, dated 17 June 2001; a copy of a DA Form 4187, Personnel Action, dated 6 December 1979; a copy of his wife's death certificate; and a character reference letter, dated 4 March 2003, in support of his request for an upgrade of his discharge. The applicant’s record does not contain his request for discharge for the good of the service under Army Regulation...
ARMY | BCMR | CY2003 | 2003091661C070212
On 10 July 1974, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Undesirable Discharge Certificate. Accordingly, the applicant was discharged under other than honorable conditions on 23 July 1974 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it...
ARMY | BCMR | CY2003 | 2003091662C070212
The applicant was reduced to the rank and pay grade, Private, E-1 with an effective date and date of rank of 11 December 1995. On 23 January 1998, the ADRB notified the applicant that his request for an upgrade of his discharge had been carefully reviewed and the board had determined that he had been properly and equitably discharged; accordingly, his request for a change in the character and/or reason for his discharge had been denied. The applicant made application to the Army Board for...
ARMY | BCMR | CY2003 | 2003091670C070212
IN THE CASE OF: BOARD DATE: 29 January 2004 DOCKET NUMBER: AR2003091670 Paragraph 7d states, "Under other disenrollment criteria established now or in the future by Army regulations, incorporated herein by reference…the Secretary of the Army or his or her designee may order me to active duty as an enlisted soldier for a period of not more than four years or, in lieu of being ordered to active duty, may require me to reimburse the United States through repayment of an amount of money, plus...
ARMY | BCMR | CY2003 | 2003091672C070212
The applicant requests, in effect, constructive service credit (CSC) for completion of a post-doctoral fellowship during the period 15 December 1992 to 12 August 1994 and adjustment to his active duty date of rank for major. The applicant states that upon completion of the United States Army Health Professions Scholarship Program, he was instructed to provide documents to determine his active duty date of rank. The applicant's military records show that he was appointed in the Reserve,...
ARMY | BCMR | CY2003 | 2003091675C070212
The applicant states that he was selected for the S-3 position of the 720 th MP Battalion prior to the assignment of his rater. The third-party supporting statements provided by the applicant include a statement from a LTC, who was the brigade S-3 at the time the applicant was the battalion S-3. There is no better example of this than the applicant.
ARMY | BCMR | CY2003 | 2003091682C070212
On 4 February 1999 Federal recognition in the grade of WO1 was extended to the applicant, then a member of the New Jersey Army National Guard, effective 5 December 1998, because of his transfer from the North Carolina Army National Guard. National Guard Bureau Form 89 (Proceedings of a Federal Recognition Examining Board) shows that the applicant was considered for promotion to CW2 on 2 February 2000. The board recommended that the applicant be granted federal recognition in that grade,...
ARMY | BCMR | CY2003 | 2003091683C070212
The applicant requests, in effect, that a General Officer Memorandum of Reprimand (GOMOR) and a relief for cause Noncommissioned Officer Evaluation Report (NCOER) be removed from his Official Military Personnel File (OMPF). The evidence confirms that the GOMOR the applicant received was properly administered in accordance with the applicable regulation and that the issuing authority reviewed all matters of extenuation submitted by the applicant prior to directing the GOMOR be filed in the...
ARMY | BCMR | CY2003 | 2003091684C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that he be granted 2 years of constructive service credit for his Masters degree. The OTSG stated that the applicant is not authorized constructive service credit for his Masters degree because it is not his qualifying degree for commissioning, and it does not add adjunctive skills that contribute directly to his primary specialty.
ARMY | BCMR | CY2003 | 2003091697C070212
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 completed a qualifying period of service for award of the Army Good Conduct Medal on 20 February 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that the applicant’s Bronze Star Medal was awarded with a “V” device;
ARMY | BCMR | CY2003 | 2003091698C070212
EVIDENCE OF RECORD: The applicant's military records show: On 20 June 1969, he enlisted in the Regular Army for 3 years. As a result, it is determined that an upgrade to the applicant’s discharge would not be appropriate at this time. BOARD VOTE: ________ ________ ________ GRANT ________ ________ ________ GRANT FORMAL HEARING ____CLG__ __EL___ __LB__ DENY APPLICATION Carl W. S. Chun Director, Army Board for Correction of Military Records INDEX |CASE ID |AR200.091698 | |SUFFIX | | |RECON |...
ARMY | BCMR | CY2003 | 2003091703C070212
On 8 January 1990, the applicant submitted an application for voluntary retirement (DA Form 2339) requesting a retirement date of 31 October 1990, in the rank and pay grade of SFC/E-7. It states, in pertinent part, that retired soldiers are entitled to be advanced on the Retired List to the highest grade they held and in which they satisfactorily served on active duty when their active service plus service on the retired list totals 30 years. By law, enlisted soldiers are retired in the...
ARMY | BCMR | CY2003 | 2003091711C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Counsel states, in effect, that consideration should be given to the applicant's post-service conduct in upgrading the applicant's discharge. There is no indication in the available records to 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 | 2003091712C070212
To be successful, students must pass the patrol requirement that is put before them in the final phase in Florida. There is no evidence, and the applicant provided none, to support his contention that Ranger students who did not fulfill all the requirements of Ranger training were graduated and awarded the Ranger Tab. The fact that the applicant was twice recycled while in the last phase of Ranger Training is evidence that he had not achieved a "GO" in the patrol evaluation that he was...
ARMY | BCMR | CY2003 | 2003091713C070212
The applicant states that he was not physically fit to perform guard duty because he was under a limited duty profile. DA Form 4187 (Personnel Action), dated 11 November 1974, shows the applicant's duty status was changed from "Present for Duty" to "Civilian Confinement" effective 7 November 1974. There is no evidence in the available records which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations.
ARMY | BCMR | CY2003 | 2003091715C070212
A 24 April 1992 military pay voucher indicates that the applicant received pay in the amount of $11,030.29. 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 showing in the remarks section of the applicant's 26 April 1992 DD Form 214 separation pay of $10,971.24, vice the $13,714.42...
ARMY | BCMR | CY2003 | 2003091716C070212
The decree of divorce specifies (beginning on pages 21 and 38) that the applicant would provide child support payments for his two dependent children born in 1986 and 1987, until such time as they turned 18 years of age or graduated from high school and that the applicant would enroll his former spouse in the SBP under former spouse coverage and that the costs were to be borne by the former spouse. At the time he became eligible for enrollment in the SBP, his children were 16 and 17 years...
ARMY | BCMR | CY2003 | 2003091719C070212
The applicant requests that the Personnel Electronic Record Management System (PERMS) be updated with his DA Form 1059 (Service School Academic Evaluation Report) for the Captains Career Course RC-503-02 Phase 4, his current officer evaluation report (OER) for the period 21 October 2002 through 28 March 2003, and his transcript for civilian education from Southwest University indicating a Bachelor of Science Degree in Criminal Justice, graduation date November 1999. The Board determined...
ARMY | BCMR | CY2003 | 2003091726C070212
There are no orders in his military personnel records awarding him the Purple Heart. 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: a. awarding the applicant the Purple Heart for the wound he sustained to his right hand in Vietnam, on 12 June 1971, and adding this award to his DD...
ARMY | BCMR | CY2003 | 2003091727C070212
The Board considered the following evidence: Incorporated herein by reference are military records which were summarized in the ABCMR's previous consideration of the applicant's case in Docket Number AR 2002075049 on 12 December 2002. The evidence of record shows the applicant concurred in the FSM's election to provide an SBP annuity at a reduced base amount.
ARMY | BCMR | CY2003 | 2003091729C070212
The applicant provides a large number of documents, amongst which are the listings that he refers to in the paragraph above and statements from a senior noncommissioned officer and a field grade officer who state that they were told by officials in the Office of the Adjutant General, State of Texas, that he would not be considered for promotion until the following year. When the promotion selection board was convened, the applicant had not submitted a promotion "packet" so it could...
ARMY | BCMR | CY2003 | 2003091730C070212
The applicant requests that he be allowed to recoup 16 days of leave lost during Fiscal Year 2002. Title 10, United States Code (USC), section 701(f), states that a soldier may accrue and carry forward up to 60 days leave at the end of each fiscal year. There is no regulation or policy that will allow the Board to grant an exception to the 60-day maximum accrued leave carryover set in the law.
ARMY | BCMR | CY2003 | 2003091731C070212
On 7 December 1984, she received an honorable discharge under the provisions of Army Regulation (AR) 635-200, paragraph 5-13, personality disorder. The applicant was discharged with an honorable characterization of service under AR 635-200, paragraph 5-13, personality disorder. The applicant has provided no evidence to show that she had PTSD rather than a personality disorder.
ARMY | BCMR | CY2003 | 2003091732C070212
He enlisted in the Army Reserve on 16 April 1992, for a period of 3 years with an established ETS of 15 April 1995. On 17 April 2001 the applicant was discharged. The applicant is authorized to receive VSI payments each year until 15 April 2014 if he qualifies and continues to reenlist.
ARMY | BCMR | CY2003 | 2003091742C070212
A 3 November 2000 Report of Medical History showed she had indicated she had been raped by the first sergeant, that she had surgery on her foot in April 2000, and that she had spent time in a mental ward at a hospital in September 2000 and was treated for depression. Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. However, the evidence of record shows the applicant stated in...
ARMY | BCMR | CY2003 | 2003091744C070212
The applicant further states that she was also informed that she was past her eligibility date for promotion and that her records had not been reviewed by a promotion selection board. The ARPERSCOM stated that she was considered for promotion to O-4 by the 1997 Department of the Army Reserve Components Selection Board (RCSB) and recommended for promotion. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that she...
ARMY | BCMR | CY2003 | 2003091749C070212
The applicant's military records show that he was properly considered for promotion to CW3 by both the FY 1999 and FY 2000 Warrant Officer Promotion Selection Boards, and that he was not selected for promotion by both these boards. The applicant contends that he met or exceeded all requirements for promotion to CW3 and that he was one of the best-qualified officers being considered for promotion but the FY 2000 Warrant Officer Promotion Selection Board erred in not selecting him for...
ARMY | BCMR | CY2003 | 2003091750C070212
The applicant states that he was not provided due process because the majority of his official military personnel file (OMPF) was not available for review by the promotion selection boards and the special selection boards (SSB's). Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM), it was determined that the applicant’s OMPF contained material error when he was considered and not selected for promotion to...
ARMY | BCMR | CY2003 | 2003091771C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s ARNG separation document is sufficient evidence to verify that he was a sergeant at the time of his discharge from that component. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his discharge orders and certificate to show that he was honorably discharged in the rank of sergeant on 20 January 1961.
ARMY | BCMR | CY2003 | 2003091773C070212
The applicant's reconstructed records show the applicant was inducted on 8 June 1951. 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. Therefore, his DD Form 214 should be corrected to show this medal.
ARMY | BCMR | CY2003 | 2003091776C070212
The Board considered the following evidence: The applicant requests that his records be corrected to show that he was promoted to master sergeant (MSG/E-8) and awarded the Legion of Merit (LOM) as a retirement award. For meritorious service awards at retirement, this paragraph also permits inclusion of service longer than that served within the command recommending the award.
ARMY | BCMR | CY2003 | 2003091778C070212
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 June 2004 DOCKET NUMBER: AR2003091778 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 considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of...
ARMY | BCMR | CY2003 | 2003091783C070212
The evidence of record shows the applicant was promoted to SPC on 10 August 1996 and laterally appointed to CPL with an effective date of 25 March 2000. In his rebuttal to the advisory opinion, the applicant confuses his 23 April 2001 discharge date from the Army National Guard with his 23 May 2003 discharge date from the U.S. Army Reserve. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Department of the Army,...
ARMY | BCMR | CY2003 | 2003091784C070212
The Department of Defense Financial Management Regulation (DODFMR) provides for the payment of half separation pay when a service member is involuntarily separated from active duty and who has completed at least 6 years but less than 20 years active service; the member's separation is characterized as honorable or general; the member did not separate at his or her own request; and the member is not fully qualified for retention and is denied reenlistment under any of several conditions,...
ARMY | BCMR | CY2003 | 2003091786C070212
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. Therefore, the evidence presented was sufficient to excuse failure to timely file and to warrant a recommendation for relief by awarding the applicant the Purple Heart for wounds received on 10 January 1951. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2003 | 2003091787C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam and is entitled to award of four BSSs for wear on his Vietnam Service Medal.
ARMY | BCMR | CY2003 | 2003091788C070212
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. Therefore, his records should be corrected to shows these awards. 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 | 2003091792.C070212
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 serving in the pay grade of E-5 at the time he was discharged from the OHARNG and was transferred to the USAR. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.