ARMY | BCMR | CY2003 | 2003083527C070212
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 STATES : That his overall combat service was not given consideration at the time of his discharge. There is no evidence in the available records to show that he 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 | 2003083538C070212
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 Board considered the applicant's request for award of the Purple Heart to the FSM and noted the applicant's description of the FSM’s wounding.
ARMY | BCMR | CY2003 | 2003083540C070212
Counsel requests that the punishment received by the applicant on 20 August 1999 be removed from his military records and that his pay account be corrected. Applicant's counsel correctly argues that, although the applicant was in a Title 32 State AGR duty status and not subject to the MCM, his two- grade reduction was improper. Immediately following the incident at the firing range, it was the applicant's battery commander who restricted the applicant to the unit area for the remainder of...
ARMY | BCMR | CY2003 | 2003083543C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The DD Form 214 also confirms that the authority for the applicant’s separation was paragraph 16-2, Army Regulation 635-200, and the reason was to enter an officer training program. The record also shows that the applicant was properly assigned the SPD code of KGX in accordance with the applicable regulation based on the authority and reason for his separation.
ARMY | BCMR | CY2003 | 2003083549C070212
Effective 29 August 2003, the applicant was discharged from the USAR based on his nonselections for promotion. The regulation in effect at the time provided for standby advisory boards (STAB) in those cases where an officer was eligible for consideration and whose records were not submitted for review and for officers whose records contained material error when viewed by the board. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 2003083551C070212
The applicant states that his clinical record proves that he was wounded in action and awarded the PH. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm. The clinical record of treatment for the applicant’s wound, along with the entry on the SGO Files that the applicant was wounded in action, is more than...
ARMY | BCMR | CY2003 | 2003083552C070212
There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. In support of his claim for award of the Purple Heart, the applicant provided an e-mail from a Navy corpsman at the time in question who indicates that he kept a diary of his service in Vietnam and that he has a personal knowledge of the applicant being treated for his wounds in Vietnam. That all of the Department of the Army...
ARMY | BCMR | CY2003 | 2003083556C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable.
ARMY | BCMR | CY2003 | 2003083557C070212
He received nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) for the second period of AWOL. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. DISCUSSION : Considering all the evidence, allegations, and information presented by the...
ARMY | BCMR | CY2003 | 2003083558C070212
The applicant was discharged on 5 April 1991. A resignation for the good of the service when approved by Department of the Army is normally accepted under other than honorable conditions. However, in his 28 January 1991 statement, submitted with his request for resignation he did not admit to having an affair; in fact, in a statement less than two months prior to his request for resignation, the applicant adamantly denied an improper relationship.
ARMY | BCMR | CY2003 | 2003083573C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He states, “but still could not control it.” In addition, he states, that he was absent without leave (AWOL) for a couple of days and subsequently put out of the military. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request...
ARMY | BCMR | CY2003 | 2003083606C070212
APPLICANT REQUESTS: That his undesirable discharge (UD) be upgraded to an honorable discharge. EVIDENCE OF RECORD : The applicant's military records show: That, on 17 February 1972, he enlisted in the Regular Army for 3 years. An Army Discharge Review Board (ADRB) Case Report, dated 30 March 1982, shows the applicant consulted with legal counsel and, on 27 February 1975, requested separation under the provisions of chapter 10, AR 635-200, in lieu of trial by court-martial.
ARMY | BCMR | CY2003 | 2003083607C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that the Under Other Than Honorable Conditions Discharge given his deceased son, a former service member (FSM), be upgraded to Honorable. The evidence of record shows that, on 8 February 1980, the FSM consulted with counsel and submitted a request for discharge from the service.
ARMY | BCMR | CY2003 | 2003083608C070212
The applicant states that due to no fault of his own, his officer evaluation report dated 10 April 2002 was not included in his promotion packet. Based upon review by the Office of Promotions, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected by the 2002 Reserve Components Selection Board (RCSB). The applicant’s records contained material error when reviewed for...
ARMY | BCMR | CY2003 | 2003083612C070212
He also requests that his DD Form 214 be corrected to show that he completed the German Headstart Orientation Course and his entitlement to the Army Superior Unit Award and the Expert Badge w/Grenade Component Bar. He also requested that the SATCOM Terminal Operator/Maintainer Course be entered in the “Military Training” portion of his DD Form 214 and that a 9V ASI be reflected as part of his PMOS. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for...
ARMY | BCMR | CY2003 | 2003083618C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The authority for her separation was National Guard Regulation 635-100, paragraph 5a(3)a (Resignation). DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
ARMY | BCMR | CY2003 | 2003083623C070212
A review of the available records fails to show any indication that the applicant was wounded or that he was recommended for award of the Purple Heart. The applicant participated in six campaigns during his assignment in Vietnam. Although the standard evidentiary documentation required for awarding the Purple Heart is not present in this case, the Board finds that the statements submitted by three former members of the applicant's unit at the time, of which one was the first sergeant at...
ARMY | BCMR | CY2003 | 2003083624C070212
Counsel recommended the applicant receive a general discharge based upon his service in Vietnam. Army Regulation 600-8-22 provides for award of the Vietnam Service Medal to all members of the Armed Forces of the United States who served for 1 or more days in Vietnam. Although counsel's statement with the applicant's request for discharge indicated that, "medical records at Dispensary D, Fort Carson shows at least one Purple Heart," these medical records are not available.
ARMY | BCMR | CY2003 | 2003083625C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his Report of Transfer or Discharge (DD Form 214) be corrected to show his military occupational specialty (MOS) as assistant gunner. APPLICANT STATES : That when he arrived in Vietnam he was assigned as a wireman (36K20); however, it quickly changed to assistant gunner for 105 howitzers with the 4 th /42 nd Artillery.
ARMY | BCMR | CY2003 | 2003083626C070212
APPLICANT REQUESTS: In three separate applications, that his undesirable discharge be upgraded to an honorable or a general discharge. The psychology specialist went on to state that the applicant was sent to Fort Ord as a rehabilitative measure and that his continued use of marijuana and by continuing to receive Article 15’s shows that he is unable to copy with the rigors of the military. He had NJP imposed against him on seven separate occasions for his acts of misconduct and his actions...
ARMY | BCMR | CY2003 | 2003083628C070212
The applicant requests that his records be corrected to reflect award of the Bronze Star Medal with "V" device. Army Regulation 600-8-22 states that the Bronze Star Medal may be awarded to recognize meritorious service, achievement, or heroic actions. The unit awards, and four bronze service stars on his Vietnam Service Medal, denoting his campaign participation were omitted from his separation document.
ARMY | BCMR | CY2003 | 2003083634C070212
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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. PURPOSE : To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to...
ARMY | BCMR | CY2003 | 2003083648C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-5 serves as the authority for preparation of the DD Form 214. While the Board has noted his contentions, he has failed to show through the evidence submitted with his application or the evidence of record that such was the case.
ARMY | BCMR | CY2003 | 2003083653C070212
The memorandum indicated that those soldiers who erroneously received the CSB did not initially enter military service on or after 1 August 1986; therefore under the law, they are not eligible to elect for the bonus or for participation in the REDUX that accompanied the CSB. In this, the DIEMS date is the date the soldier enlisted in the DEP, not the date the soldier came on active duty. Thus the Board concludes that it would be appropriate to void the applicant’s enlistment in the DEP on...
ARMY | BCMR | CY2003 | 2003083656C070212
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: The record of this NJP is filed on the applicant's R fiche.
ARMY | BCMR | CY2003 | 2003083659C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The psychiatrist conducting the forensic evaluation concluded that “The history I receive from [the applicant] does not support the diagnosis of any severe personality disorder. Since the applicant has stated in his application to the Board that he deliberately did poorly in training, and he falsely reported having symptoms of an inadequate personality in order to be...
ARMY | BCMR | CY2003 | 2003083661C070212
The G-1 recommends that administrative relief be granted in this case because the debts appear to have been incurred as a result of administrative oversights by military separation personnel and were not the fault of the applicant. The evidence also shows that the applicant’s ineligibility for the program is based on his DEP enlistment date being prior to the DIEMS date established as the eligibility date for the REDUX program. Therefore, it would be appropriate to void the applicant’s...
ARMY | BCMR | CY2003 | 2003083664C070212
EVIDENCE OF RECORD : The applicant's military records show: However, it does include a separation document (DD Form 214) that confirms the authority and reason for his separation. On the date of his separation, the applicant authenticated this document with his signature in Item 21 (Signature of Member Being Separated), thereby verifying that the information contained therein was correct at that time.
ARMY | BCMR | CY2003 | 2003083665C070212
EVIDENCE OF RECORD : The applicant's military records show: He served on active duty for 10 years, 11 months, and 4 days, from 14 July 1977 through 2 June 1989, at which time he received a DD as a result of a general court-martial (GCM) conviction and sentence. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
ARMY | BCMR | CY2003 | 2003083666C070212
On 9 August 1988, the applicant's commander officially notified him that he was being recommended for discharge with a GD under the provisions of chapter 14, AR 635-200, for misconduct due to frequent incidents of a discreditable nature with civil or military authorities. However, the disqualification may not be waivable for certain persons who have received nonjudicial punishment, bars to reenlistment, or separations under the provisions of chapters 9, 10, 13, and 14 of Army Regulation...
ARMY | BCMR | CY2003 | 2003083675C070212
The applicant requests that the Report of Transfer or Discharge (DD Form 214) be corrected to show his correct middle name; date of birth (DOB) and social security number (SSN). The applicant’s military records show that on 4 February 1966, prior to his enlistment, he completed a Statement of Personal History (DD Form 398) showing his middle name, his DOB and his SSN as reflected on his Certification of Birth and his social security card. This Board is unsure as to why the applicant when...
ARMY | BCMR | CY2003 | 2003083676C070212
There is no evidence in the available records that the applicant was recommended for or awarded the Army Commendation Medal. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.
ARMY | BCMR | CY2003 | 2003083679C070212
EVIDENCE OF RECORD : The applicant's military records show: Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. The applicant has failed to submit evidence that would satisfy this requirement.
ARMY | BCMR | CY2003 | 2003083681C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his records be placed before an enlisted standby advisory promotion board (STAB) for promotion consideration to Sergeant First Class, SFC/E-7. The applicant's records were considered for promotion by the 2001 SFC Promotion Board in MOS 79R.
ARMY | BCMR | CY2003 | 2003083686C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 24 September 2001, the applicant was notified that he was being recommended for financial liability in the amount of $1,985.32 as a result of the findings of the ROS. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
ARMY | BCMR | CY2003 | 2003083689C070212
The applicant requests that his records be corrected to reflect award of the Bronze Star Medal. He states that he was told by a member of his organization that he was being recommended for award of the Bronze Star Medal and that he had the award but it was misplaced. In November 1968 he was reassigned to Fort Benning, Georgia and assumed duties as a unit supply specialist with the United States Army Dental Activity.
ARMY | BCMR | CY2003 | 2003083691C070212
(Honorable Discharge from the Army of the United States and Enlistment Record), dated 3 January 1919; Treasury Department Form 581 (Award of Compensation), dated 12 January 1919; a “Brief Military History of Claimant’s Disability”, dated 25 November 1919; a “Brief Military History of Claimant’s Disability”, dated 22 March 1920; Federal Board for Vocational Education Form Med. The FSM's Enlistment Record shows that he was wounded during his service in World War I however, treatment received...
ARMY | BCMR | CY2003 | 2003083692C070212
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. On 16 September 2002, he requested promotion reconsideration to major by an SSB under 2002 criteria based on material error, missing OER’s. On 12 November 2002, the Chief, Office of Promotions, Reserve Components, Total Army Personnel Command, advised the applicant that a review of his record that was considered by the 2002 RCSB...
ARMY | BCMR | CY2003 | 2003083693C070212
In his advisory opinion, the Chief, Special Actions Branch, stated that the Board has the authority to grant a waiver or exception to policy for the date the degree was conferred, and since the applicant completed all requirements prior to the board, he recommended that the applicant be granted a waiver for the educational requirement. Paragraph 2-9, of the above regulations states, "Effective 1 October 1995, no person may be selected for promotion to the Reserve grade of CPT unless, not...
ARMY | BCMR | CY2003 | 2003083695C070212
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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant requests correction of military records as stated in the application to the Board and as restated herein. Had the Board determined that an error...
ARMY | BCMR | CY2003 | 2003083696C070212
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. 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...
ARMY | BCMR | CY2003 | 2003083705C070212
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's DD Form 214...
ARMY | BCMR | CY2003 | 2003083710C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The evidence of record shows that on 10 September 1975, the applicant consulted with counsel and submitted a request for discharge for the good of the service. On his return from Vietnam, he was assigned to Fort Sill and was again assigned to run a supply room.
ARMY | BCMR | CY2003 | 2003083730C070212
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: The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action; therefore, there is no basis for the Board to award him the Purple Heart.
ARMY | BCMR | CY2003 | 2003083734C070212
He goes on to state that he separated from a rear detachment in Germany and his last deployment to Bosnia was not indicated on his DD Form 214. Additionally, the applicant was awarded the AFSM, which was omitted from his DD Form 214 at the time of separation. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by showing that the individual concerned served in support of Operation Joint Guard from 22 March to 7 August 1998 and that he was...
ARMY | BCMR | CY2003 | 2003083736C070212
The Board's previous recommendation in this case (AR2001060210) dated 9 August 2001 was for an adjusted date of rank under the Reserve Officer Personnel Management Act (ROPMA) for captain from 25 June 1998 to 14 April 1997, with entitlement to back pay and allowances in the higher grade on that date now requires further review. At the time of the Board’s 9 August 2001 decision in this case as pertains to the applicant (AR2001060210), it was the intent of the Board to make the applicant’s...
ARMY | BCMR | CY2003 | 2003083763C070212
However, at Fort Polk, the GCM Convening Authority (GCMCA) dismissed all charges and the applicant was offered the choice of continuing his active duty career or being separated with an Honorable Discharge. He was convicted and transferred from Fort Polk to Fort Sill for service of his sentence to confinement. At Fort Polk, the GCMCA elected not to retry the applicant and offered him the option of continuation on active duty or separation.
ARMY | BCMR | CY2003 | 2003083764C070212
The applicant’s Military Personnel Records Jacket (MPRJ) contains orders showing that on 1 August 1998, the applicant was promoted to the rank and pay grade of MSG/E-8. However, as an exception, Army National Guard (ARNG) soldiers serving on active duty at the time of retirement, in a grade lower than their highest active duty enlisted grade, who were administratively reduced in grade not as a result of their own misconduct, will retire at the highest enlisted grade in which they served...
ARMY | BCMR | CY2003 | 2003083773C070212
The applicant’s military records show that he was released from active duty (REFRAD), for the purpose of voluntary early retirement under the provisions of chapter 12, Army Regulation 635-200, on 30 September 1997. By law and regulation, ARNG soldiers serving on active duty at the time of retirement, in a grade lower than their highest active duty enlisted grade, who were administratively reduced in grade not as a result of their own misconduct, will retire at the highest enlisted grade in...
ARMY | BCMR | CY2003 | 2003083774C070212
The applicant's DD Form 214 does not show his dates of service in Southwest Asia. His DD Form 214 does not show the Southwest Asia Service Medal as an authorized award. Therefore, the applicant's DD Form 214 should be corrected to show these awards.