ARMY | BCMR | CY2004 | 20040000576C070208
The officer must also have been assigned to a qualifying infantry unit that engaged in active ground combat and must actively participated in such ground combat in order to have been awarded the CIB, campaign or battle credit alone is not sufficient to receive the award. The evidence does show that based on his RVN service and campaign participation, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation and 4 bronze service stars with his VSM. Therefore, the Board...
ARMY | BCMR | CY2004 | 20040000598C070208
Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2004 | 20040000611C070208
He was evacuated for a wound in the left calf of leg (not varicose veins). Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. There is nothing in any other hospital documents regarding the wound.
ARMY | BCMR | CY2004 | 20040000612C070208
Yolanda Maldonado | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he is a combat veteran. Although it appears he deployed as an individual and not as a member of his unit, it would be equitable to amend item 18 of his DD Form 214 for the period ending 19 December 2003, as an exception to policy, to show...
ARMY | BCMR | CY2004 | 20040000632C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 February 2005 DOCKET NUMBER: AR20040000632 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 application submitted in this case is dated 29 October 2003 and was received by the Army Board for Correction of Military Records (ABCMR) on 13 May 2004. On 25 May 1978, the applicant was discharged, with a...
ARMY | BCMR | CY2004 | 20040000638C070208
The board determined that the applicant did wrongfully use marijuana, and recommended that he be discharged from the Illinois Army National Guard for misconduct with a General Discharge, with the stipulation that his discharge be suspended as the convening authority may determine. On 26 June 1995 the applicant appealed to the Army Discharge Review Board (ADRB) requesting that his discharge be upgraded to honorable and also requesting that he be reinstated [in the Army National Guard]. The...
ARMY | BCMR | CY2004 | 20040000639C070208
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 2001 be corrected (1) in item 11 (Primary Specialty) to show he held military occupational specialty (MOS) 88M for 21 years and 9 months; (2) in item 12b (Separation Date this Period) to show he separated on 31 October 2003;...
ARMY | BCMR | CY2004 | 20040000640C070208
Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. Records show that the applicant was 19 years and 4 months old at the time his active service began and 22 years and 6 months old at the time of his discharge. Evidence shows that the applicant was properly and equitably discharged in accordance with the regulations in effect at the time and that the ADRB later upgraded the applicant's discharge from Under...
ARMY | BCMR | CY2004 | 20040000644C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2003095347, on 30 March 2004. On 3 June 1966, the applicant was separated under the provisions of Army Regulation 635-206, by reason of a civil court conviction, and received an UD.
ARMY | BCMR | CY2004 | 20040000650C070208
The applicant requests, in effect, that all derogatory information related to his separation for unsatisfactory performance be removed from his record and that he be granted an honorable discharge. On 1 April 1983, the applicant was honorably discharged under the provisions of chapter 13, Army Regulation 635-200, by reason of unsatisfactory performance. However, the record shows his service was characterized as honorable at the time of his separation; thus, no correction is necessary.
ARMY | BCMR | CY2004 | 20040000653C070208
The applicant’s military records are not available to the Board for review. His separation document reflects participation in three designated campaigns, award of the American Campaign Medal (recorded as the American Theater Medal), the European-African-Middle Eastern Campaign Medal (Recorded as the European African Middle Eastern Theater Medal) with 3 bronze service stars, the Good Conduct Medal, two awards of the Purple Heart, and two awards of the Bronze Star Medal. His records should...
ARMY | BCMR | CY2004 | 20040000661C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is no evidence that the applicant ever applied to the Army Discharge Review Board for review of his discharge under that board's 15- year statute of limitations. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.
ARMY | BCMR | CY2004 | 20040000662C070208
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was discharged on 16 October 1967 with 91 days of creditable active service. In 1974, the applicant requested enlistment. Paragraph 5-9a, in effect at the time, provided for the discharge of individuals who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment when a medical board, regardless of the...
ARMY | BCMR | CY2004 | 20040000664C070208
The applicant requests, in effect, that the Purple Heart he was awarded in Vietnam for injuries he received in combat on 21 September 1968 be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, during his service in...
ARMY | BCMR | CY2004 | 20040000668C070208
Powers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The available records fail 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. The evidence of record shows that he was convicted by one summary court-martial and by one special court-martial and that he had NJP imposed against him on seven separate occasions as...
ARMY | BCMR | CY2004 | 20040000671C070208
The applicant provides a letter from the National Personnel Records Center dated 13 April 2004; his DD Form 214 (Certificate of Release or Discharge from Active Duty); a 4-page printout entitled "Awards Issued Since the Cold War" from an unknown Internet site indicating the UNM and the Armed Forces Expeditionary Medal (AFEM) were awarded for service in Haiti during the period 16 September 1994 through 31 March 1995 for Operation Uphold Democracy; a Certificate of Achievement; a...
ARMY | BCMR | CY2004 | 20040000690C070208
The applicant requests that his under other than honorable conditions discharge be upgraded to a general discharge. Army Regulation 635-206 (Discharge Misconduct (Fraudulent Entry, Conviction by Civil Court, and Absence Without Leave or Desertion)), in effect at that time, set forth the basic authority for the separation of enlisted personnel for conviction by civil court. In pertinent part, it states that, upon determination by the general court-martial authority that an individual is to...
ARMY | BCMR | CY2004 | 20040000700C070208
Injuries or wounds which clearly do not qualify for award of the Purple Heart include accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. There is no evidence and the applicant has not provided any to show that he was wounded as a result of hostile action. Since there is insufficient evidence to show that the applicant was wounded as a result of hostile action, he is not entitled to award of the Purple Heart.
ARMY | BCMR | CY2004 | 20040000710C070208
The applicant provides in support of his request a: a. Memoranda dated 3 and 30 March 2004, 23 April 2004, 5 May 2004 and 22 June 2004. b. DA Form 5315, United States (US) Army Advanced Education Financial Assistance Record, dated 2 May 2003, that shows the SM's total SROTC debt equals $17,813.00. Based on information that is available, the SM is serving in an active duty status, but his active duty is not the result of being ordered to active duty through SROTC channels. The SM's unit...
ARMY | BCMR | CY2004 | 20040000711C070208
The applicant requests, in effect, upgrade of his discharge under other than honorable conditions (UOTHC) and change in his service entry date to 1 May 1975. At a 4 December 1979 mental status evaluation (MSE) the applicant's behavior was normal. The separation authority approved the applicant 's request and directed that a UOTHC discharge be issued.
ARMY | BCMR | CY2004 | 20040000714C070208
Curtis Greenway | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In connection with his application, the HRC, Alexandria provided an advisory opinion, dated 14 July 2004, which states that chapter 3-17, Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, provided that an individual with prior service could retain their current grade if enlisting within 24 months...
ARMY | BCMR | CY2004 | 20040000721C070208
f. Military medical documents, dated between September 1986 and 6 January 1988, which show he complained of chronic pain in the right foot. On 9 December 1986, the applicant was evaluated for drug dependency. The available evidence does not show the applicant ever petitioned the Court of Military Appeals for grant of review.
ARMY | BCMR | CY2004 | 20040000725C070208
There is no evidence that the applicant was awarded permanent Federal Recognition by the National Guard Bureau based on the results of the 30 October 2001 MAARNG Federal Recognition Board. If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the grade and branch in which the member is qualified. If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB...
ARMY | BCMR | CY2004 | 20040000763C070208
While serving in the United States Army Reserve (USAR) as an MI MAJ, recruiters induced him to drop his rank and switch his specialty to 65D (Physician Assistant) by promising that he could receive both his VSI and recruiting incentives. He opted to select HPLR and Bonus incentives and to reduce his VSI payments for the time he was participating in these two programs. However, the evidence of record clearly shows the conflict in payment of both the SELRES incentives in question and the VSI...
ARMY | BCMR | CY2004 | 20040000767C070208
The SLRP is a Department of the Army enlistment option authorized by Title 10 of the United States Code, section 2171 (10 USC 2171), which provides the legal authority for the education loan repayment program for enlisted members on active duty in specified military specialties. In doing so, the applicant's military records should be corrected to show her DA Form 3286-66 was amended to include the sentence “If a student loan is accepted by the official processing you for enlistment as...
ARMY | BCMR | CY2004 | 20040000768C070208
One of the statements, included with his appeal for reinstatement, noted that in February 2003 the applicant was “selected to attend an ANCOC class” and that immediately upon notification he, (the author of the statement), began a physical training program with the applicant. In November 2003 the Army’s personnel command released a message announcing that the NCOES requirement for promotion to pay grades E-5 through E-7 was suspended. While the Board is certainly sympathetic to the...
ARMY | BCMR | CY2004 | 20040000772C070208
The applicant states that Army Regulation 135-101, paragraph 3-4e needs to be taken into account when calculations are made for constructive credit for his prior service Medical Service Corps (MSC) time and credit for dental school. The advisory opinion went on to state that, while the applicant correctly quoted DODI 6000.13, paragraph 6.1, in that instance MSC referred to the Navy Medical Service Corps and not the Army Medical Service Corps. The advisory opinion noted that the applicant...
ARMY | BCMR | CY2004 | 20040000773C070208
An official of that branch stated that the 8 years, 11 months, and 9 days of service that the applicant was claiming as service toward his retirement, is used to determine his date of rank upon entry on active duty. That form shows his total service as a member of the Reserve components (National Guard and Army Reserve Control Group), to include 1 year, 10 months, and 25 days of active duty, and shows his current active duty service from 5 June 1993 to 30 September 2004. Entry grade credit...
ARMY | BCMR | CY2004 | 20040000781C070208
The applicant's military service records show that he was assigned in Vietnam from 19 June 1969 through 23 August 1970. The evidence of record shows that the applicant is entitled to award of the Purple Heart for wounds received on 9 September 1969 in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing: a. award of the Purple Heart for wounds sustained 9 September 1969 in the Republic of...
ARMY | BCMR | CY2004 | 20040000785C070208
Jonathon Rost | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that his current RE Code precludes him from returning to military service and as such, he would like his code changed so that he can reenlist. 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 | CY2004 | 20040000786C070208
BOARD DATE: 6 January 2005 DOCKET NUMBER: AR20040000786 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, in effect, that his records be corrected to show award of the Purple Heart. Further, the Purple Heart is not included in the list of authorized awards listed on the applicant's DD Form 214, which he authenticated with his signature.
ARMY | BCMR | CY2004 | 20040000788C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. On 26 August 1981, the applicant’s commander signed an elimination packet on the applicant for separation under the provisions of chapter 14 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), for misconduct – patterns of misconduct.
ARMY | BCMR | CY2004 | 20040000802C070208
On 22 May 1985, the applicant was discharged from the active service. On 12 August 1991, the ADRB majority board members granted partial relief to upgrade the applicant's characterization of service to (general) under honorable conditions and unanimously voted no change to the narrative reason for separation. Records show that the applicant was issued a corrected DD Form 214 that showed his discharge Under Conditions Other Than Honorable was changed to Under Honorable Conditions.
ARMY | BCMR | CY2004 | 20040000806C070208
The appeal correspondence was directed to be placed in the applicant’s restricted fiche, and stated that promotion consideration was not applicable. Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from a fiche or moved to another part of the fiche unless directed by certain agencies, to include the Army Board for Correction of Military Records (ABCMR). The applicant's contention that the NCOER, even as corrected, would be damaging to her...
ARMY | BCMR | CY2004 | 20040000812C070208
Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. On 23 December 1986, the applicant was discharged in absentia under the provisions of chapter 3, Army Regulation 635-200, with a BCD as a result of his conviction by a special court-martial. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge...
ARMY | BCMR | CY2004 | 20040000814C070208
The former service member’s military records are not available to the Board for review. In April 2003 the applicant was informed that his father’s military records had likely been destroyed by the 1973 fire in St. Louis, but could confirm that his father was entitled to the World War II Victory Medal, and an Honorable Service Lapel Button based on his military service during World War II. Although the former service member’s unit of assignment while overseas cannot be confirmed, the...
ARMY | BCMR | CY2004 | 20040000815C070208
The applicant states, in effect, as a result of his Certificate of Release or Discharge (DD Form 214) showing that he completed less than 2 years of total active service, he is being denied benefits that he now needs. Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 June 1988; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 June 1991. The Board determined that the...
ARMY | BCMR | CY2004 | 20040000820C070208
Item 26, of his DD Form 214, shows that he was awarded the Army Commendation Medal. The applicant's final DD Form 214, which was issued on his retirement on 31 March 1962, has an entry in Item 27, "France, World War II"; however, this entry is not corroborated by any documentary evidence to show that he was wounded in action with enemy forces or that he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2004 | 20040000821C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 February 2005 DOCKET NUMBER: AR20040000821 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 REQUEST, STATEMENT, AND EVIDENCE: 1. On 15 December 1982, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
ARMY | BCMR | CY2004 | 20040000829C070208
On 7 March 1985, the applicant’s unit commander prepared a Bar to Reenlistment Certificate (DA Form 4126-R) on her and requested she be barred from reenlistment based on her NJP record. The regulation in effect at the time of the applicant’s separation stipulated that an SPD code of KGF and RE-4 code would be assigned to members separating under the provisions of paragraph 16-5b, Army Regulation 635-200, by reason of locally imposed bar to reenlistment. As a result, the Board further...
ARMY | BCMR | CY2004 | 20040000853C070208
One of the applicant's original enlistment documents, a printout headed "RAGET" (acronym unknown), indicated he would enlist for 6 years at an advanced rank (the rank not listed) by reason of the Army Civilian Acquired Skills Program (ACASP) for an enlisted job of 63G1O00YY with only one enlistment option – station of choice, Europe. This document indicated the applicant would enlist in the Regular Army for a period of 6 years and 00 weeks for the U. S. Army Training Enlistment Program...
ARMY | BCMR | CY2004 | 20040000855C070208
The applicant requests, in effect, a correction of his retired rank and pay grade to sergeant first class/E-7 (SFC/E-7). The evidence of record confirms the applicant held the rank and pay grade of SGT/E-5 on the date he was REFRAD for the purpose of disability retirement and that he was placed on the Retired List in that rank and pay grade. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2004 | 20040000859C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 February 2005 DOCKET NUMBER: AR20040000859 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. Kenneth W. Lapin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Conviction and discharge were effected in accordance with applicable law and...
ARMY | BCMR | CY2004 | 20040000863C070208
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Title 10 of the Untied States Code, section 3964 provides the legal authority for advancement to higher grade on the Retired List after 30 years of service for warrant officers and enlisted members. The applicant’s request that he be advanced to the rank and pay grade of LTC/0-5 on the Retired List because his active duty service and time on the Retired...
ARMY | BCMR | CY2004 | 20040000865C070208
This case is being considered using reconstructed records, which primarily consist of the applicant’s separation document (DD Form 214). The applicant’s contentions that his discharge was unjust, that he should be eligible for veterans’ benefits and the supporting documents he submitted were carefully considered. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely...
ARMY | BCMR | CY2004 | 20040000866C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 January 2005 DOCKET NUMBER: AR20040000886 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. Brenda K. Koch | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that item 12a (Date entered AD [Active Duty] This Period) of...
ARMY | BCMR | CY2004 | 20040000867C070208
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his latest DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his enlisted service. As a result, the Board recommends that the DD Form 214 for the period ending 29 February 2004 of the individual concerned be corrected: a. in item 12a to show he entered active duty on 2 October 1977; b. in...
ARMY | BCMR | CY2004 | 20040000885C070208
The applicant states that his DD Form 214 does not show his awards or service in Iraq. He states that he spoke to someone at the Army Board for Correction of Military Records (ABCMR) who advised him that it was impossible to be given an honorable discharge and receive an RE code of 4 – that the person who assigned the code must have had it in for him. A discharge under other than honorable conditions is normally considered appropriate; however, the separation authority may direct a general...
ARMY | BCMR | CY2004 | 20040000901C070208
The applicant requests that a DA Form 1059 (Service School Academic Evaluation Report), dated 30 September 2002, be removed from his Official Military Personnel File (OMPF). 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 concerned be corrected by expunging the DA Form 1059 (Service School Academic Evaluation Report), dated 30 September 2002,...
ARMY | BCMR | CY2004 | 20040000917C070208
The applicant requests that his 1995 separation document be corrected to reflect any awards and decorations that he may be entitled to, completion of any military education courses, and his “participation in the GI [Government Issue] Bill.” 2. Army Regulation 600-8-22 states that the National Defense Service Medal may be awarded for “honorable active service” between 2 August 1990 and 30 November 1995. As a result, the Board recommends that all Department of the Army records of the...