ARMY | BCMR | CY2004 | 20040002616C070208
Curtis Greenway | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 August 1955; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 8 August 1958. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of...
ARMY | BCMR | CY2004 | 20040002633C070208
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of a Record of Induction (DD Form 47). Therefore, it would appropriate to correct the applicant’s DD Form 214 to show the correct period of overseas service he completed and the correct dates of his RVN service.
ARMY | BCMR | CY2004 | 20040002649C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 8 October 1970, the applicant was convicted by a SPCM of being AWOL from 18 June to 24 September 1970. Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 October 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 October 1973.
ARMY | BCMR | CY2004 | 20040002660C070208
The Army of Occupation Medal is awarded for service in Italy between 9 May 1945 and 15 September 1947. The evidence shows that the applicant’s record contains administrative error that does not require action by the Board. The Case Management Support Division in St. Louis is requested to correct the applicant’s records to show award of the World War II Victory Medal and the Army of Occupation Medal with Germany and Japan clasps.
ARMY | BCMR | CY2004 | 20040002676C070208
The applicant requests award of the Purple Heart for injuries he sustained in combat in the Philippines in 1945 during World War II. The evidence shows that the applicant’s record contains administrative error that does not require action by the Board. The Case Management Support Division at St. Louis is requested to correct the applicant’s records to show award of the Bronze Star Medal and the Army of Occupation Medal with Japan clasp.
ARMY | BCMR | CY2004 | 20040002680C070208
He then signed a Multi-year Special Pay (MSP) agreement in October 2003, believing he was extending his obligation 2 years from the effective date of that agreement – from 1 October 2003 to October 2005. On 18 September 2003, the applicant signed an MSP and an MISP agreement to be effective 1 October 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. negating his new renegotiated 2-year MSP/MISP effective 1...
ARMY | BCMR | CY2004 | 20040002695C070208
Robert Rogers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. A copy of his NCO (Noncommissioned Officer) Evaluation Report (NCOER) for the period June 2000 to May 2001. b. Neither the NCOER, nor the USAREC memorandum appear to have any impact on the applicant's failure to be promoted to the rank of Sergeant First Class.
ARMY | BCMR | CY2004 | 20040002709C070208
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show: a. The applicant requested correction of his records to show award of the Bronze Star Medal. Adding the Purple Heart, Army Commendation Medal, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, Meritorious Unit Commendation, and the Vietnam Gallantry Cross Unit Citation with Palm.
ARMY | BCMR | CY2004 | 20040002718C070208
The applicant provides: a. One of these documents was the Final Decree of Divorce which the applicant signed and returned. The Finance Office informed him that he was not entitled to BAH at the with dependents rate from 27 December 2002 to present and established a debt for overpayment of BAH.
ARMY | BCMR | CY2004 | 20040002729C070208
The applicant states that she completed 18 years and 5 months of qualifying service, most recently with the California Army National Guard (CAARNG). Her Army National Guard (ARNG) Retirement Points History Statement prepared on 13 February 2002 showing 18 years, 5 months, and 21 days of creditable service for retired pay. d. Discharging her from the CAARNG and transferring her to the USAR Retired Reserve effective 5 January 2003. e. Issuing her a 20-year letter certifying her eligibility...
ARMY | BCMR | CY2004 | 20040002734C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The sergeant soon realized that he was not interested in him and he moved on to another Soldier. The available records show the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service.
ARMY | BCMR | CY2004 | 20040002736C070208
In effect, the applicant requests that the order awarding him the Air Medal be corrected to show his correct social security number, and that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Air Medal. The applicant’s 9 April 1972 DD Form 214 was corrected to show award of the Air Medal on 30 March 1973. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.
ARMY | BCMR | CY2004 | 20040002742C070208
The applicant requests that his records be corrected to show he enlisted in the Regular Army in pay grade E-5. That office noted that Army policy in effect at the time of the applicant's 6 May 2003 enlistment authorized applicants with prior service to retain their current grade, if enlisting within 24 months following separation, or if a current member of a Reserve component and provided a valid vacancy existed. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2004 | 20040002747C070208
The applicant requests, in effect, that a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) be removed from the restricted portion (R-Fiche) of his Official Military Personnel File (OMPF). His unit commander advised the applicant that the DA Form 2627 would be filed in the R-fiche portion of his OMPF, and that he had 5 calendar days to appeal the action. However, the evidence of record confirms that the disposition and filing of the record of NJP he accepted on 15 March 1995,...
ARMY | BCMR | CY2004 | 20040002753C070208
On 3 June 2003 an informal PEB found the applicant unfit and recommended that he receive a 10 percent disability rating for chronic lower back pain and a 10 percent rating for chronic neck pain. On 15 April 2003 the applicant appealed the MEB dictation of a MEB physician, stating that he was still receiving therapy treatments on his back, neck and knee, and was showing improvement. Consequently, his request for physical disability retirement with a 30 percent disability rating is not granted.
ARMY | BCMR | CY2004 | 20040002754C070208
Again the basis for authorizing the decorations, which were not confirmed on either the applicant’s original separation document or the 1989 Department of Defense Form 215, was not in records available to the Board, but may merely have duplicated some of the awards listed on the questionable 30 September 1991 issuing document. Army Regulation 600-8-22 states that the Silver Star is awarded for gallantry in action against the enemy. There is no medical evidence, and the applicant has not...
ARMY | BCMR | CY2004 | 20040002755C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 March 2005 DOCKET NUMBER: AR20040002755 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 petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade. Had the applicant served in the Army of the 1960's during the Vietnam War, instead of in the Army of the 1950's during the...
ARMY | BCMR | CY2004 | 20040002757C070208
The applicant provides: a. d. DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application), dated 20 October 2003. e. A copy of his promissory note. As a result, the Board recommends that the applicant’s DA Form 3286-66, Statement of Understanding, US Army Incentive Enlistment Program, be amended to include the sentence “If a student loan is accepted by the official processing you for enlistment as payable under the SLRP, and the government fails to verify that...
ARMY | BCMR | CY2004 | 20040002759C070208
The applicant provides an extract from Title 10, section 2107a; his DA Form 597-3 (Army Senior Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract) and his DA Form 597-3A (Addendum to Army Senior Reserve Officers' Training Corps Scholarship Cadet Contract); his ROTC Cadet Command Form 203-R (Guaranteed Reserve Forces Duty (GRFD) Scholarship/DASE- COOP Cadet Contract Endorsement); an extract from Cadet Command Regulation 145-10; an ROTC Cadet Command Form 204-R (Revocation of...
ARMY | BCMR | CY2004 | 20040002762C070208
A 15 July 2002 memorandum, the document which the applicant is asking to be removed from his file, states that the applicant’s name was administratively removed from the promotion list based on his “release from ANCOC due to [his] failure to meet the standards of AR [Army Regulation] 600-9.” Army Regulation 600-9 established the Army’s Weight Control Program. Although the applicant has requested that the 15 July 2002 memorandum notifying him of his removal from ANCOC be expunged from his...
ARMY | BCMR | CY2004 | 20040002766C070208
In Part IVb-f of the first contested report, the rater gave the applicant three “Success” ratings and two “Needs Improvement (Some)” ratings. The applicant based her appeal on the following factors: the areas of special emphasis identified in Part IIIb were not addressed in Part IV; the counseling dates in Part IIIf were fabricated; the ratings in Part IVa1 and 2 do not equal a Needs Improvement- Some rating; the Needs Improvement-Some rating in Part IVb was for failing a Skill Development...
ARMY | BCMR | CY2004 | 20040002767C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 April 2005 DOCKET NUMBER: AR20040002767 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 8 April 1998, the Army Discharge Review Board (ADRB) voted to deny the applicant’s request for an upgrade of his discharge after concluding that his discharge was...
ARMY | BCMR | CY2004 | 2004000276C070208
The applicant requests, in effect, that his Louisiana Army National Guard (LAARNG) Federal Recognition order be corrected to show the effective date of 25 August 2002. The applicant states he was initially appointed as a second lieutenant on 25 August 2002 and that his initial Federal Recognition packet was never processed by the National Guard Bureau (NGB). If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition...
ARMY | BCMR | CY2004 | 20040002778C070208
The applicant states that he was informed that by signing the DD Form 2366 (Montgomery GI Bill Act of 1984) (MGIB), he would be able to have the $11,600.00 SLM Financial Corporation loan repaid under the loan repayment program (LRP). That form indicates that he enlisted for the LRP. That form contained a number of statements, to include, "If the incentive … is for the … LOAN REPAYMENT PROGRAM (LRP), I understand that I must disenroll from the GI Bill in order to qualify for the program …...
ARMY | BCMR | CY2004 | 20040002782C070208
Finally, based on his total constructive service credit of 5 years, 4 months and 1 day, he was appointed in the rank of CPT and given a date of rank of 17 July 1997. By regulation, authorized constructive service credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within that grade. Based on the policy in effect at the time of his appointment, his adjusted constructive service credit would have allowed the...
ARMY | BCMR | CY2004 | 20040002783C070208
The applicant stated, in a 12 September 2003 email to his Representative in Congress, that he had been assured by both his unit technician and a senior noncommissioned officer that he had qualified [for a Reserve retirement] and would be transferred to the Retired Reserve and would soon receive orders to that effect. He had also requested a medical retirement and was told that he did not need one, due to already qualifying for a Reserve retirement. Title 10, U.S. Code, Section 1552(b),...
ARMY | BCMR | CY2004 | 20040002784C070208
The applicant requests that his 1992 separation document be corrected to show his service in Southwest Asia between October 1990 and April 1991. He requests that the document be corrected to show entitlement to the awards associated with service in Southwest Asia, including the National Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by correcting item 18 on his 1992 separation document to...
ARMY | BCMR | CY2004 | 20040002806C070208
The applicant requests, in effect, that his undesirable discharge (UD) be upgraded to an honorable discharge (HD). The applicant’s record shows that he was inducted into the Army and entered active duty on 25 April 1968. The evidence does include a properly constituted DD Form 214 that shows on 7 April 1971, the applicant was separated under the provisions of Section VI, Army Regulation 635-206, by reason of misconduct (civil court conviction) and that he received an UD.
ARMY | BCMR | CY2004 | 20040002809C070208
ARMY | BCMR | CY2004 | 20040002811C070208
In the absence of orders, or evidence to the contrary, the Board accepts the applicant’s award certificates as authentication of entitlement to two additional awards of the Bronze Star Medal and in the interest of justice concludes it would be appropriate to add the awards to his separation document. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 16 September 1971. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2004 | 20040002832C070208
As a result of this decision, section 503 of the National Defense Authorization Act for FY 2002 enacted Title 10, U. S. Code, section 1558 and amended Title 10, U. S. Code, section 628 to require that members challenging unfavorable treatment by a selection board to apply to their Service Secretary for consideration by a special board or a special selection board. The evidence of record shows the applicant was selected for promotion to COL by a special selection board subsequent to his...
ARMY | BCMR | CY2004 | 20040002837C070208
There is no evidence that the applicant was awarded permanent Federal Recognition by the National Guard Bureau based on the results of the 16 February 2000 TNARNG 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. Records show that the applicant was granted temporary Federal Recognition effective 16 February...
ARMY | BCMR | CY2004 | 20040002843C070208
At the time the applicant retired from active duty in 1995 his specialty was recorded as 13Z5M. The regulation states that noncommissioned officers holding the grade of master sergeant at retirement, whose records show successful service as a first sergeant will be placed on the retired list in the grade title “first sergeant.” The Soldier must be serving in, and retiring in the grade of master sergeant, must possess Special Qualification Identifier “M,” and must have served as a first...
ARMY | BCMR | CY2004 | 20040002845C070208
Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) provides the policy and guidance for USAR and ARNG retired pay. The citation of the wrong authority on the 1994 reduction gives the impression that the applicant was never actually authorized pay grade E-7. The applicant's record clearly shows, however, that he was promoted to SFC (E-7) on 1 May 1990 and that he served in that grade until 16 June 1994 when he was reduced to pay grade E-6 through no fault of his own.
ARMY | BCMR | CY2004 | 20040002848C070208
There is no evidence that the applicant was awarded permanent Federal Recognition by the National Guard Bureau based on the results of the 9 October 2002 OHARNG 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. Records show that the applicant was granted temporary Federal Recognition effective 9 October 2002...
ARMY | BCMR | CY2004 | 20040002865C070208
The applicant requests that his records be corrected to note that he was twice wounded in action during the Korean War. The applicant states that he was wounded in action in Korea on 3 September 1951 and again on 8 October 1951, but only the 8 October 1951 wounding is annotated in the records. 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...
ARMY | BCMR | CY2004 | 20040002869C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 MARCH 2005 DOCKET NUMBER: AR20040002869 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 records be correct to show that he now goes by the hyphenated first name of “Paul-Andrew” vice the first name of “Paul” and a middle name of “Andrew.” The applicant also states that...
ARMY | BCMR | CY2004 | 20040002883C070208
The applicant states, in effect, that he was guaranteed by his counselor, before enlisting, that his loans qualified for and would be repaid by the LRP (Loan Repayment Program); however, his loans were not eligible for and were not paid by the LRP. Broad discretion is available to this Board under Title 10, US Code, Section 1552, which includes the authority to amend the applicant’s enlistment contract to include the sentence, “If a student loan is accepted by the officials processing you...
ARMY | BCMR | CY2004 | 20040002909C070208
Peter Fisher | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The 13 January 2004 Board proceedings corrected the applicant’s records to reflect his PEBD as 24 August 1966, per the applicant’s request. The Board proceedings did not mention his service in the Marine Corps Reserve or the DCARNG; nonetheless, the Board noted that he had no break in military service from the date that initially enlisted in the Army on 24...
ARMY | BCMR | CY2004 | 20040002914C070208
The applicant requests that his discharge be upgraded from an undesirable discharge to an honorable discharge. His DD Form 214 shows that he was discharged under the provisions of Army Regulation 635-200 by reason of "For Good of the Service" with a characterization of service of under other than honorable conditions. The applicant's records show two instances of extended AWOL.
ARMY | BCMR | CY2004 | 20040002922C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant’s record shows that he enlisted in the Regular Army and entered active duty on 11 February 1971. 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 | 20040002943C070208
The applicant requests, in effect, reconsideration of his earlier request to correct his military records by adding the Glider Badge and the Glider Training Course, to his WD AGO Form 53-55. In the applicant's original request to the Board for correction of his records, he stated that he had been awarded the Glider Badge but it was not included, in effect, in Item 31 of his separation document. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2004 | 20040002945C070208
He had qualifying years (earned 50 or more retirement points a year) for a non-regular retirement up through retirement year ending (RYE) date 5 September 1986. Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60. Although the FSM completed his 15 years of qualifying service under this law by 1 October 1991, the law established the period of retirement as beginning on 23 October 1992, four years after his separation.
ARMY | BCMR | CY2004 | 20040002949C070208
The applicant requests, in effect, that his record be corrected to show award of the Purple Heart (PH), the Bronze Star Medal (BSM) with "V" Device and any additional awards he is authorized. On 4 January 2000, the National Personnel Records Center (NPRC), St. Louis, Missouri corrected the applicant's record and issued him a DD Form 215 (Correction to DD Form 214) to show award of the PH for wounds received in action on 22 February 1968. The available evidence shows it would be appropriate...
ARMY | BCMR | CY2004 | 20040002956C070208
The applicant requests reconsideration of her earlier requests to correct the records of her deceased former spouse, a former service member (FSM), to show he changed his Survivor Benefit Plan (SBP) coverage from spouse to former spouse. Counsel states that the FSM's widow has now provided her consent to change the FSM's records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the FSM made a written request to...
ARMY | BCMR | CY2004 | 20040002960C070208
Army Regulation 670-1 authorizes award of the overseas service bar; c. He was assigned to the 2nd Battalion, 25th Aviation Regiment, during the period when it was awarded the Valorous Unit Award; d. An Army Continuing Education System in processing counseling session shows his primary MOS as 55B2P; e. His packet recommending him for promotion to sergeant was lost, his name was removed from the promotion standing list, and he was unable to add 54 (promotion points) to his total of 681...
ARMY | BCMR | CY2004 | 20040002983C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The evidence of record shows the applicant was transferred to the Retired Reserve on 10 August 1984 as a result of physical disability and received his first retirement check on 1 September 1984. Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 September 1989, the date he turned age 60; therefore, the time for the applicant to file a request for correction of any error or...
ARMY | BCMR | CY2004 | 20040002985C070208
During his separation processing, he was again hospitalized after becoming agitated over this same issue. The separation document (DD Form 214) he was issued upon his separation shows he had completed a total of 3 years, 7 months and 20 days of active military service and held the rank and pay grade of PVT/E-1 at the time. The medical evidence of record in this case confirms the applicant suffers from a mental illness that ultimately resulted in him being found unfit for retention and...
ARMY | BCMR | CY2004 | 20040002996C070208
Documents available to the Board indicate that the applicant was a member of the California Army National in July 2003 when he was ordered to active duty for a period not to exceed 270 day in support of Operation Enduring Freedom. While the applicant does not address the reason his separation document was not corrected prior to his discharge, in spite of noting the error on 1 March 2004, more than a month prior to his April separation date, the evidence supports a conclusion that the...
ARMY | BCMR | CY2004 | 20040003027C070208
The applicant requests, in effect, that his 1970 separation document be corrected in order to show that he had continuous active duty. A separation document was issued reflecting his military service between 3 August 1967 and 31 July 1970. The entry in item 22a(2) on the applicant’s separation document is correct and reflects the six days of military service which occurred between the date the applicant was inducted and the date he was discharged for the purpose of immediate reenlistment.