ARMY | BCMR | CY2003 | 2003084131C070212
The sole issue in this case is the entry on the applicant’s 1992 MSP contract that he would begin his 2-year ADSO current active duty service obligation when his medical education/training ADSO obligation expired on 22 May 2000. The contract should have reflected a date which prorated the remaining amount of ADSO he incurred as a result of his 1991 MSP contract. The Board has not stated otherwise.
ARMY | BCMR | CY2003 | 2003084135C070212
On 25 July 1971 orders were issued by the 5 th Infantry Division promoting the applicant to pay grade E-4 in MOS 71B20. In February 1972, after receiving excellent conduct and efficiency ratings for his performance of duties as a 71B with the 1 st Infantry Brigade and with the 215 th Combat Support Battalion, the applicant departed Vietnam and was assigned to the United States Army Personnel Center in Oakland, California for separation processing. Although the Board members were not...
ARMY | BCMR | CY2003 | 2003084136C070212
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: Further, the applicant has failed to provide independent evidence that shows he ever performed combat service in the RVN during his tenure on active duty.
ARMY | BCMR | CY2003 | 2003084137C070212
The applicant requests reconsideration of his previous application to correct his military records by awarding him the Air Medal and the Free Fall Parachutist Badge. The applicant’s submission is new evidence and/or argument that requires Board consideration. It provides, in pertinent part, that to be eligible for award of the basic badge, an individual must have satisfactorily completed a prescribed program of instruction in military free fall approved by the United States Army John F....
ARMY | BCMR | CY2003 | 2003084139C070212
APPLICANT STATES : That the imposing commander denied him his un-waived right to present evidence in extenuation and mitigation during the NJP proceedings, that the commander ignored the evidence presented, that the members of the administrative separation board failed to advise him of his rights under Article 31(b), Uniform Code of Military Justice (UCMJ) and that the board members considered evidence not admitted during a closed session of the hearing. EVIDENCE OF RECORD : The applicant's...
ARMY | BCMR | CY2003 | 2003084140C070212
The ROS officer noted that all office personnel have keys to the office in question and that several individuals found the office door unlocked and/or open after it had been secured the previous evening. Army Regulation 735-5, paragraph 13-28 states that a survey officer's responsibility is to determine the cause and value of the loss, damage, or destruction of Government property listed on the ROS and to determine if assessment of financial liability is warranted. The missing items may or...
ARMY | BCMR | CY2003 | 2003084141C070212
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 | 2003084145C070212
Counsel advised that he had submitted the General Orders and the award certificate for award of the Bronze Star Medal with "V" Device to the applicant as evidence in support of his 6 August 2002 application. In view of the additional factors in the applicant's case, this Board has determined that there is sufficient evidence upon which to base correction of the applicant's military records to show he was awarded the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) heroism on 5...
ARMY | BCMR | CY2003 | 2003084148C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He reenlisted in the Regular Army for 3 years on 31 May 1978. 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 | 2003084151C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : Incorporated herein by reference are military records which were summarized in a memorandum, dated 26 March 1997, prepared to reflect the Board's consideration of his request to be granted a waiver of his medical condition so that he could remain in the Army Reserve and complete 20 years of qualifying service (AC96-09815). DISCUSSION : Considering all...
ARMY | BCMR | CY2003 | 2003084160C070212
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 24 August 1981, the unit commander initiated action to discharge the applicant from the Army under the provisions of Army Regulation 635-200, Chapter 14, for misconduct because of frequent incidents of discreditable nature with civil or military authorities and an established pattern for shirking. The applicant's chain of...
ARMY | BCMR | CY2003 | 2003084161C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS : That the DD Form 199 (Physical Evaluation Board Proceedings (PEB) block 16 be corrected to show that his disability retirement was in the line of duty and caused as a direct result of armed conflict or an instrumentality of war. Both the applicant’s skin condition and hearing loss were considered to be in the line of duty but were not diagnosed until...
ARMY | BCMR | CY2003 | 2003084166C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The regulation, as in effect at the time, stated that a service member had the right to a hearing before a board of officers only if they had six or more years of service. While the applicant has outlined his contentions, what he considers as violations of his rights, and submits documents showing that his mother suffered from mental illness while he was on active duty,...
ARMY | BCMR | CY2003 | 2003084173C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. This Board denied the applicant's request for an upgrade of his discharge on 21 February 1956. AR 615-364, then in effect, provided for the discharge of enlisted personnel pursuant to an approved sentence of a special or general court-martial imposing a bad conduct discharge.
ARMY | BCMR | CY2003 | 2003084174C070212
Counsel requests the removal from the applicant's military records of the Officer Evaluation Report for the period 25 October 2000 through 1 June 2001. He contends that the OER is administratively incorrect in that: the through date is 1 June 2001; the report is shown in Part IId as "referred," but the senior rater in Part VIIc states that the applicant did not complete DA Form 67-9-1 (OER Support Form). The applicant, by failing to abide by her agreement with her chain of command, showed...
ARMY | BCMR | CY2003 | 2003084177C070212
The applicant’s military records were not available to the Board for review. By regulation, in order to support awarding a member the PH, it is necessary to establish that a member was wounded or injured in action. That all of the Department of the Army records related to this case be corrected by showing that in addition to those awards already listed in his separation document, the individual concerned is entitled to the Army of Occupation Medal-Japan, the Philippine Republic...
ARMY | BCMR | CY2003 | 2003084180C070212
The applicant requests that the records of his father, a deceased former service member (FSM) be corrected to reflect award of the Bronze Star Medal (BSM) based on his award of the Combat Infantryman Badge during World War II. In addition to the Combat Infantryman Badge, his WD AGO Form 53-55 indicates he was award the Purple Heart, Army Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, a Bronze Arrowhead, “a Fourragere,” and the Decree of...
ARMY | BCMR | CY2003 | 2003084181C070212
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 rank and pay grade they hold on the date of their REFRAD, and retired soldiers are entitled to be advanced on the Retired List to the highest grade in which they satisfactorily served...
ARMY | BCMR | CY2003 | 2003084185C070212
The applicant's 16 December 2002 claim for the deceased FSM's unpaid benefits (Standard Form 1174). Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. the former spouse, A____ C____.
ARMY | BCMR | CY2003 | 2003084187C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that her recruiter told her that all of her student loans would be repaid as part of her LRP enlistment incentive. At the time of her enlistment the applicant completed several enlistment forms indicating that the Student Loan Repayment Program was part of her enlistment incentives.
ARMY | BCMR | CY2003 | 2003084192C070212
The applicant requests reconsideration of his previous request, in effect, that he be given credit for the Anzio Campaign and assault landing credit for landings on North Africa and Sicily and that they be added to his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge. The applicant's service personnel record shows that he was inducted into the Army of the United States on 2 January 1943. The Board further determined that the evidence presented is...
ARMY | BCMR | CY2003 | 2003084195C070212
There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action while serving in Vietnam. 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 award.
ARMY | BCMR | CY2003 | 2003084200C070212
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. The Board noted there is no evidence of record which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. In the absence of orders awarding the Purple Heart or military medical records showing the applicant was...
ARMY | BCMR | CY2003 | 2003084205C070212
The applicant’s military records show that he was inducted into the Army of the United States on 23 May 1967, for a period of two years. His DD Form 214 indicates he had 1 year, 11 months and 21 days of creditable service, and was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Army Commendation Medal, and sharpshooter badges for the M-14 and M-16 rifle. Evidence shows the applicant was awarded the Good Conduct Medal for the period 23...
ARMY | BCMR | CY2003 | 2003084209C070212
The applicant requests, in effect, that the records be corrected to show she applied for the Reserve Component Survivor Benefit Plan (RCSBP) in a timely manner. The applicant states that when her deceased spouse, a former service member (FSM), died in June 1996, the California Army National Guard (CAARNG) told her that she was entitled to his civil service survivor benefits but she was not eligible for the RCSBP because he did not have 20 years of service. DoD noted that there presently...
ARMY | BCMR | CY2003 | 2003084214C070212
He further states that he feels it unjust that he did not receive separation pay that other soldiers received who accepted early discharges during the draw-down and believes he should have been discharged in the pay grade of E-4, for the convenience of the government, with entitlement to compensation for his service. Chapter 6 of that regulation provides for barring from reenlistment individuals whose continued active duty is not in the best interest of the military service. It states, in...
ARMY | BCMR | CY2003 | 2003084216C070212
On the same date, the applicant’s unit commander recommended that his request for discharge be approved with a UOTHC discharge. There is no evidence in the available records to indicate 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. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment...
ARMY | BCMR | CY2003 | 2003084220C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge. His request was denied and he was told that he had to go back to Fort Hood.
ARMY | BCMR | CY2003 | 2003084226C070212
On 12 April 1976, the applicant's commander submitted a request for discharge under the provisions of Army Regulation 635-206, due to conviction by civil authorities. Accordingly, he was discharged under other than honorable conditions under the provisions of Army Regulation 635-206, for misconduct – conviction by civil authorities. 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...
ARMY | BCMR | CY2003 | 2003084230C070212
There are no orders in the applicant’s service personnel records which show that he was awarded two awards of the Purple Heart. There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action on a second occasion while serving in Vietnam. Therefore, he is entitled to correction of his records to show these awards.
ARMY | BCMR | CY2003 | 2003084237C070212
The following additional findings, conclusions, and recommendation were adopted by the Board. In view of the additional factors in this case the applicant is entitled to correction of his record to show he was honorably released from active duty on 7 May 1962 and furnished a General Discharge Certificate on 28 February 1965. That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 23 July...
ARMY | BCMR | CY2003 | 2003084239C070212
In support of his application, he submits a copy of his DD Form 214, 7 Military Pay Vouchers (DA Forms 2349), and an Allotment Authorization Form (DA Form 1341). EVIDENCE OF RECORD : The applicant's military records show: The Board notes the applicant’s request that his military records be corrected to show he was promoted to the rank of SGT/E-5.
ARMY | BCMR | CY2003 | 2003084240C070212
EVIDENCE OF RECORD : The applicant's military records show: There is no evidence of record and the applicant has provided no evidence, which supports his contention that he was entitled to a medical separation. The applicant’s record shows that he was found medically fit for separation in October 1986 after his mental and medical examination.
ARMY | BCMR | CY2003 | 2003084242C070212
In support of his request for decorations, he submits award recommendations for the ARCOM, the AAM and the Soldier’s Medal, along with statements from his unit’s former Command Sergeant Major (who did not address the incident which formed the basis of the recommendation for the Soldier’s Medal) and from a sergeant. In the processing of this case, the applicant’s request for the ARCOM, the AAM and the Soldier’s Medal was sent to the Army Decorations Board. However, the Army Decoration Board...
ARMY | BCMR | CY2003 | 2003084250C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board convened on 24 April 1957 and after hearing testimony from the applicant, whereas he stated that he wanted out of the Army, the board of officers found that he was unfit for further service and recommended that he be discharged under the provisions of Army Regulation 635-208, for unfitness. The applicant's commander submitted a recommendation to discharge him...
ARMY | BCMR | CY2003 | 2003084254C070212
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect award of the Army Achievement Medal (AAM), the AAM, First Oak Leaf Cluster (1OLC) and the “Expert Wheeled Driver Badge.” The Board considered the applicant’s request that his records be corrected to show award of the AAM, the AAM (1OLC), and the Driver and Mechanic Badge. The copy of DA Form 4980-18 (Army Achievement Medal Certificate), dated 2 December 1992,...
ARMY | BCMR | CY2003 | 2003084257C070212
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. EVIDENCE OF RECORD : The applicant's military records show: On 5 October 1976, he enlisted in the Army for 4 years in the pay grade of E-1.
ARMY | BCMR | CY2003 | 2003084258C070212
He was confined in the commander's office until he signed the discharge packet. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Without having the discharge packet to consider, the Board presumes that the applicant's commander considered the offense(s) charged and the applicant's overall record of service and determined that a discharge UOTHC was appropriate.
ARMY | BCMR | CY2003 | 2003084262C070212
A web site, "Korean War Casualties, U.S. Army," shows that the applicant was an infantryman, MOS (military occupational specialty) 1745, with the 15th Infantry Regiment who was wounded in action on 12 June 1953. The applicant was a combat infantryman assigned to an infantry company. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge, the Republic of Korea Presidential Unit...
ARMY | BCMR | CY2003 | 2003084266C070212
The applicant states that the Purple Heart awarded to him is not listed on his DD Form 214. His discharge with an ending date of 25 July 1973 does not show entitlement to any awards of the Purple Heart. There is no evidence of record available to the Board which shows the applicant's specific dates of service in Vietnam.
ARMY | BCMR | CY2003 | 2003084281C070212
In a Standard Form (SF) 93, Report of Medical History, dated 20 August 1972, which was completed by the applicant while he was undergoing a periodic physical examination, he reported that he had been hospitalized and treated for strained back muscles in Hattiesburg, Mississippi, in 1956. Block 15 of the form has the following entry; "Activated National Guard member who related chronic left knee pain since activation. An entry appears on the SF 93, Report of Medical History, which he...
ARMY | BCMR | CY2003 | 2003084283C070212
The applicant requests that his report of separation (DD Form 214) dated 30 June 2001 be corrected to reflect in items 12d and e, his correct prior active and inactive service. In view of the foregoing, the applicant’s records should be corrected as recommended below. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by showing that the individual concerned served 20 years, 5 months and 4 days of total active service for retirement purposes...
ARMY | BCMR | CY2003 | 2003084284C070212
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 records of her deceased spouse, a former service member (FSM), be changed to reflect that he elected to participate in the Survivor Benefit Plan (SBP). The applicant's records show that he failed to enroll in the SBP when it became established in 1972.
ARMY | BCMR | CY2003 | 2003084286C070212
However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with four bronze service stars and two...
ARMY | BCMR | CY2003 | 2003084288C070212
The regulation in effect at the time provided, in pertinent part, that item 12 of the DD Form 214 would be prepared to reflect the individual's unit of assignment and major command. However, 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 7 December 1961 through 6 December 1963. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2003 | 2003084290C070212
The applicant requests, in effect, that he be granted one year of Reserve service credit for the period 13 December 1982 through 13 December 1983. The commander accepted him into his unit as a company commander and the battalion administrative section was directed to submit the required paperwork to the Army Reserve Personnel Command (ARPERSCOM) in order to consummate this assignment. The evidence of record confirms that the applicant was discharged from the Army on 31 July 1983, based on...
ARMY | BCMR | CY2003 | 2003084292C070212
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: EVIDENCE OF RECORD : The applicant's military records show: The applicant entered active duty on 10 June 1980.
ARMY | BCMR | CY2003 | 2003084294C070212
The applicant’s military records show that he enlisted in the Regular Army on 19 October 1994 for 3 years. Title 10, U. S. Code, section 1552(f) states that, with respect to records of courts-martial tried or reviewed under the Uniform Code of Military Justice, the Board's action may extend only to action on the sentence of a court-martial for purposes of clemency. The Board notes that the applicant was never sentenced to 8 years confinement.
ARMY | BCMR | CY2003 | 2003084295C070212
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 a general or honorable discharge.
ARMY | BCMR | CY2003 | 2003084296C070212
At the time of the applicant’s final separation the regulation required listing of all awards and decorations for all periods of service. 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 of the Department of the Army records related to this case be corrected by adding the following awards and decorations to the 5 October 1970 DD Form...