ARMY | BCMR | CY2004 | 20040002147C070208
Kenneth W. Lapin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his records be corrected to show he enrolled in the Survivor Benefit Plan (SBP) for spouse coverage within one year of his remarriage. The evidence of record shows the applicant did decline to participate in the SBP upon his retirement, a logical election among several options since he was not married.
ARMY | BCMR | CY2004 | 20040002153C070208
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the PTO. The applicant’s claim of entitlement to the PH and the supporting statement he provided were carefully considered.
ARMY | BCMR | CY2004 | 20040002154C070208
Paul M. Smith | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. The evidence of record includes a DA Form 20 entry showing he was wounded in action on 16...
ARMY | BCMR | CY2004 | 20040002161C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 February 2005 DOCKET NUMBER: AR20040002161 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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to add the Parachutist Badge, the Purple Heart, the Sharpshooter Marksmanship Qualification Badge,...
ARMY | BCMR | CY2004 | 20040002168C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 FEBRUARY 2005 DOCKET NUMBER: AR20040002168 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 requested correction of his records to show award of the Bronze Star Medal. There is no evidence, and the applicant has not provided any to show that he was wounded in action.
ARMY | BCMR | CY2004 | 20040002171C070208
Antonio Uribe | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge and Army Good Conduct Medal; by adding the Air Medal he earned to his record; by...
ARMY | BCMR | CY2004 | 20040002212C070208
In the original consideration of her case, the applicant had provided a letter from the Clerk, Superior Court, Cumberland County, Fayetteville, NC which stated that a diligent search was made in that office for divorce records between the applicant and the FSM and that their records did not reflect a divorce being granted in that county between the years of 1966 through 2003. All documentation must be State or county certified. There is no evidence and the applicant has provided no...
ARMY | BCMR | CY2004 | 20040002214C070208
The PH is not included in this list of authorized awards. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 September 1992, the date of his retirement.
ARMY | BCMR | CY2004 | 20040002225C070208
The applicant requests that his DD Form 214 (Certificate of Release or Discharge From Active Duty) for the period 4 June 1984 to 12 June 1985 be corrected by changing his reentry code (RE code) from RE-3, 3B to one that will allow him to enter the Active Guard Reserve (AGR) program. The ADRB, after considering his case on 23 June 1987, denied his request. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to...
ARMY | BCMR | CY2004 | 20040002228C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 MARCH 2005 DOCKET NUMBER: AR20040002228 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 that his 1973 separation document be corrected to show that he held a secondary military specialty (SMOS) of 91B20 (medical corpsman). There is no evidence that the applicant was ever awarded a...
ARMY | BCMR | CY2004 | 20040002229C070208
There were no service medical records available to the Board, or provided by the applicant. The evidence does, however, confirm that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 9 April 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by awarding him the Army Good Conduct Medal for the period 28 August 1968 through 9 April 1970; b. by showing that he qualified...
ARMY | BCMR | CY2004 | 20040002248C070208
On 3 March 1988, the sentence was approved, except for that portion of the sentence that provided for the execution of a BCD and that portion of the sentence that provided for confinement at hard labor for 100 days was modified to confinement at hard labor for 75 days. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Melvin H. Meyer ______________________ CHAIRPERSON INDEX |CASE ID |AR20040002248 | |SUFFIX | | |RECON |...
ARMY | BCMR | CY2004 | 20040002260C070208
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he requested Supplemental Survivor Benefit Plan (SSBP) coverage at the 20 percent level within the time frame provided for by law. The FSM and the applicant married on 25 September 2002. There is no evidence to show the FSM elected to provide SSBP for the applicant until possibly 2 November 2003 and definitely on 22 December 2003.
ARMY | BCMR | CY2004 | 20040002266C070208
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. The applicant’s record confirms he was separated under the provisions of chapter 11, Army Regulation 635-200, by reason of entry level performance and conduct.
ARMY | BCMR | CY2004 | 20040002322C070208
The applicant’s military records are not available to the Board for review. The applicant’s military records are not available to the Board. An undesirable discharge was normally considered appropriate for members separating under these provisions.
ARMY | BCMR | CY2004 | 20040002327C070208
The applicant states that he served in Korea during the Korean War with the 25th Infantry Division. 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, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of four bronze service stars to be worn on...
ARMY | BCMR | CY2004 | 20040002329C070208
The applicant requests that his September 2003 separation document be corrected to show that he was deployed to Iraq between 20 February 2003 and 6 June 2003. While the specific dates of the applicant’s deployment to the Persian Gulf region are not available, his medical records indicate that he was deployed in May 2003 when he first began receiving treatment for suicidal threats. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2004 | 20040002330C070208
On 17 January 2003, the Office of Promotions, Reserve Components, U. S. Total Army Personnel Command notified the New York ARNG of his selection for LTC and that his transfer to the Retired Reserve should be voided. The ABCMR, in docket number AR2003093661, noted that the applicant's original first nonselection for promotion to LTC precipitated his TERA application. The needs of the Army, rather than a member's retired pay status, is the determinant factor in whether that member may or...
ARMY | BCMR | CY2004 | 20040002334C070208
Peter B. Fisher | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record includes a DA Form 20 entry that confirms he was wounded in action on 10 February 1971, while serving in the RVN. As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 24 April 1970 through 15 December 1971.
ARMY | BCMR | CY2004 | 20040002351C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He started using drugs and he did not care about anything, to include himself. On 3 May 1971, the applicant’s unit commander recommended that the applicant's request for discharge under chapter 10 be approved with a UD.
ARMY | BCMR | CY2004 | 20040002367C070208
It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN. The evidence of record confirms the applicant was awarded the PH in Headquarters, 1st Cavalry Division GO Number 4750, dated 30 March 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Army Good Conduct...
ARMY | BCMR | CY2004 | 20040002371C070208
The separation document further shows that at the time of his discharge, he had completed a total of 1 year, 5 months and 1 day of active military service and had accrued 116 days of time lost. There is no indication that the applicant requested an upgrade of his discharge from the Army Discharge Review Board within its 15-year statute of limitations. ____John E. Denning ____ CHAIRPERSON INDEX |CASE ID |AR20040002371 | |SUFFIX | | |RECON | | |DATE BOARDED |2005/03/17 | |TYPE OF DISCHARGE...
ARMY | BCMR | CY2004 | 20040002374C070208
The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to reflect completion of a sniper school course and advanced individual training (AIT). The applicant’s DD Form 214 does show that he completed AIT. Consequently, the sniper school course which he completed is not required to be listed on his DD Form 214.
ARMY | BCMR | CY2004 | 20040002398C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 MARCH 2005 DOCKET NUMBER: AR20040002398 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. Jonathon Rost | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his specialty title, reflected in item 11 (primary...
ARMY | BCMR | CY2004 | 20040002421C070208
Larry Olson | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. His request to correct is reentry code is not granted.
ARMY | BCMR | CY2004 | 20040002443C070208
On 17 December 2003 a formal PEB found that the applicant was physically unfit because of fibromyalgia and recommended that he be separated with a 10 percent disability rating. Congress established the VA Schedule for Rating Disabilities (VASRD) as the standard under which percentage rating decisions are to be made for disabled military personnel. DODI 1332.39 provides instructions for specific VASRD codes, to include fibromyalgia, and states that fibromyalgia is a syndrome of chronic, and...
ARMY | BCMR | CY2004 | 20040002450C070208
United States Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show entitlement to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Meritorious Unit Commendation, and a...
ARMY | BCMR | CY2004 | 20040002463C070208
The evidence also confirms that the applicant was awarded an Army Commendation Medal, which was omitted from his separation document, and that he is also entitled to one bronze service star on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 1 December 1971. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2004 | 20040002468C070208
That command opined that the applicant’s enlistment contract should not be amended, but instead his discharge order be revoked, and a letter of notification that the applicant vacated his Reserve appointment be issued in accordance with the provisions of Army Regulation 135-175, paragraph 5-1. Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the Army Reserve, and states in effect, that in order...
ARMY | BCMR | CY2004 | 20040002480C070208
The applicant requests that his records be corrected to show that he was retired by reason of disability in 2004 rather than separated by reason of disability. The document recommending his evacuation noted that the applicant reinjured his lower back in April 2003 when he experienced low back “pain shooting down the left leg while lifting tents in Kuwait.” The applicant’s temporary profile was extended an additional 30 days on 30 July 2003. A July 2003 MRI of the lumbar spine noted that...
ARMY | BCMR | CY2004 | 20040002488C070208
The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge (GD). On 13 February 1979, he was discharged from the DEP and he enlisted in the Regular Army for 4 years and training in military occupational specialty (MOS) 71D (Legal Clerk). On 19 November 1981, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
ARMY | BCMR | CY2004 | 20040002494C070208
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 December 1991 be corrected to add his reentry (RE) code. In the regulation in effect at the time, the instructions for completing item 27 were to enter "NA" for Army National Guard of the United States or U. S. Army Reserve members released after serving active duty for training or ARNG members after serving on full-time training duty (unless they were separated for...
ARMY | BCMR | CY2004 | 20040002495C070208
The applicant’s OMPF contains no evidence of his overseas service, other than his service in Korea, and as indicated on his DD Form 214. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry (RE) codes, based on their service records or the reason for discharge. Separation Program Designator Code (SPD)/Reentry (RE) Code Cross- Reference Table, dated 31 March 2003, provides instructions for determining the RE code for...
ARMY | BCMR | CY2004 | 20040002503C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The ADAPCP staff believed that continued treatment would not have been practical and supported declaring the applicant a rehabilitation failure. On 15 November 1982, the applicant was discharged with a GD under the provisions of chapter 9, Army Regulation 635-200, by reason of alcohol rehabilitation failure.
ARMY | BCMR | CY2004 | 20040002505C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 March 2005 DOCKET NUMBER: AR20040002505 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of his records to show the Bronze Star Medal with "V" Device, the Army Commendation Medal, and the Purple Heart. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2004 | 20040002510C070208
The contested OER was reviewed by the personnel officer on 11 March 1991 and he prepared a memorandum for the SR. Army Regulation 623-105, in pertinent part, stated that, among other mandatory reasons, an OER with a SR potential evaluation in one of the bottom three blocks in Part VIIa or any report with ratings or comments that, in the opinion of the SR, were so derogatory that the report could have an adverse impact on the rated officer's career would be referred to the rated officer for...
ARMY | BCMR | CY2004 | 20040002524C070208
The MEB Narrative Summary, dated 26 November 1968, stated that the [medical] transfer records indicated the applicant had been hospitalized in Vietnam on 8 September 1968 after having frequent right-sided headaches for several weeks. In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. While the 11 September 1968 casualty roster indicated he had been hospitalized on...
ARMY | BCMR | CY2004 | 20040002535C070208
The applicant requests, in effect, that his records be corrected to show he completed a full 3 years of service. He was released from active duty on 24 July 1964, under the provisions of Army Regulation 635-200 upon his expiration term of service (ETS), after completing 2 years, 11 months, and 28 days of creditable active service, and transferred to the U. S. Army Reserve to serve until his terminal date of obligation of 26 July 1967. There is no evidence of error or injustice in showing...
ARMY | BCMR | CY2004 | 20040002536C070208
The applicant’s disciplinary history includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice UCMJ) on two separate occasions. On 13 June 1972, the applicant was separated with a BCD. 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...
ARMY | BCMR | CY2004 | 20040002539C070208
In effect, the applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Combat Medical Badge, Meritorious Unit Commendation, Presidential Unit Citation, and the Vietnam Service Medal with bronze stars. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that the applicant’s 19 December 1973 DD Form 214 be...
ARMY | BCMR | CY2004 | 20040002547C070208
ARMY | BCMR | CY2004 | 20040002551C070208
The award certificate, provided by the applicant in support of his request, indicates that he was awarded an Army Commendation Medal for meritorious service during the period December 1969 to November 1970. In the absence of orders, or evidence to the contrary, the Board accepts the applicant’s award certificate as authentication of entitlement to the Army Commendation Medal and in the interest of justice concludes it would be appropriate to add the award to his separation document. As...
ARMY | BCMR | CY2004 | 20040002565C070208
On 25 November 2003, the Massachusetts USPFO also notified the applicant that the regulation governing the remission or cancellation of indebtedness for enlisted members stipulated that a debt could not be remitted or cancelled after a member is discharged from the ARNG unless the Soldier has reenlisted or extended the term of service, or when a Soldier is retired, whether the debt occurred before or after retirement. Even though the promotion order is revoked, the promotion authority or...
ARMY | BCMR | CY2004 | 20040002570C070208
The available evidence on file does not include orders or documents indicating that the applicant was ever recommended or selected for promotion to Tec 4, or that he was ever promoted to that rank by proper authority. The documents provide no information on the applicant being recommended for or promoted to a rank above PFC during his active duty tenure. However, while it is clear the applicant was wounded in action and subsequently hospitalized, there is no indication that he was ever...
ARMY | BCMR | CY2004 | 20040002571C070208
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his enlistment contract that was signed on 10 January 2004 and antedated to 1 April 2001 be corrected to show a term of service of 6 years vice indefinite. Following approval, it was noted that the antedated reenlistment was for an indefinite period; however, indefinite reenlistments were not an option in 2001.
ARMY | BCMR | CY2004 | 20040002572C070208
The applicant requests, in effect, that his military records be corrected to show that he was permanently retired from the Army with a disability rating of 30 percent. The evidence shows that the applicant’s contention that he was medically retired with a 30 percent disability rating is not entirely accurate. The applicant’s separation document is correct and the fact that he was subsequently granted disability severance pay vice being permanently retired is not a basis to change his 1977...
ARMY | BCMR | CY2004 | 20040002578C070208
The applicant’s military records are not available to the Board for review. However, on 26 July 1957 the applicant was released from active duty upon the expiration of his term of service (ETS) and transferred to the United States Army Reserve “Iowa Military District.” His service was characterized as honorable and item 24c (foreign and/or sea service) reflects 1 year, 3 months, and 12 days. The applicant entered active duty service 2 days after the period, for which the National...
ARMY | BCMR | CY2004 | 20040002584C070208
In effect, the applicant requests physical disability discharge or retirement. There is no evidence, and the applicant has not submitted any to show that he was physically unfit for duty when he was discharged in June 1992. The Army must find a member physically unfit before he can be medically retired or separated.
ARMY | BCMR | CY2004 | 20040002603C070208
The applicant requests, in effect, that his DD Form 214 (Report of Separation from Active Duty) be corrected to reflect his correct amount of active service, total service for pay, and foreign service. This regulation states that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army. Section II, paragraph 2-4(12) (Record of Service) of Army Regulation 635-5, currently in effect, shows that for items where a period of...
ARMY | BCMR | CY2004 | 20040002615C070208
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his reentry eligibility (RE) code be changed from RE-4 to RE-3. The applicant was discharged by reason of disability with severance pay, which is a waivable disqualification.