ARMY | BCMR | CY2004 | 20040003031C070208
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier’s initial entrance of active duty that would have permanently or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at that time and does not...
ARMY | BCMR | CY2004 | 20040003037C070208
Jonathon K. Rost | |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. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be...
ARMY | BCMR | CY2004 | 20040003042C070208
The applicant’s military records are not available to the Board for review. The evidence confirms that the applicant was wounded as a result of hostile action on 26 May 1952 and as such, is entitled to an award of the Purple Heart for that injury. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by awarding him the Purple Heart for wounds sustained on 26 May 1952; and b. by showing that he is entitled to the National...
ARMY | BCMR | CY2004 | 20040003043C070208
He completed 3 years and reenlisted for six years, but the Army was never his way of life. He stated that if he were returned to duty, he would definitely go AWOL again to be with his family. The evidence of record further confirms that the applicant was separated for misconduct based on his being AWOL for a period of more than one year.
ARMY | BCMR | CY2004 | 20040003045C070208
Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214. Further, the DD Form 214 issued to the applicant upon his separation on 1 August 1953 did not include the PH in the list of authorized awards. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by adding the National Defense Service Medal to the list...
ARMY | BCMR | CY2004 | 20040003049C070208
Robert Rogers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record confirms the applicant was awarded the AAM, for meritorious service from 31 March through 21 September 1993. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his entitlement to the Army Achievement Medal, Overseas Service Ribbon and Spanish Armed...
ARMY | BCMR | CY2004 | 20040003055C070208
Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2d Battalion, 503d Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 16 March 1971 by DAGO Number 5 dated 1973. However, those records were not available to the Board. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2004 | 20040003057C070208
The applicant provides his oath of office as a second lieutenant (2LT); orders appointing him a 2LT in the Army National Guard (ARNG); a DA Form 5074-1 (Record of Award of Entry Grade Credit (Health Services Officers)); a request for Federal Recognition packet; initial appointment Federal Recognition orders; a DA Form 1059 (Service School Academic Evaluation Report); his OBC diploma; orders promoting him to 1LT; a memorandum dated 26 April 2004; his promotion Federal Recognition orders; and...
ARMY | BCMR | CY2004 | 20040003060C070208
The applicant requests correction of his records to show that he was entitled to lost pay and allowances due to the fact that he did not receive a physical evaluation board (PEB) or a line of duty (LOD) investigation was not conducted until after his heart attack, which he suffered while attending annual training (AT). The applicant was ordered to AT with a report date of 11 August 2001. It states that when a commander or other proper authority believes that a Soldier not on...
ARMY | BCMR | CY2004 | 20040003063C070208
Jonathon Rost | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The fact that he now considered the address in item 19a as a temporary address following his separation is not evidence that it was erroneous at the time, or that an injustice is created by not changing that address. The address in item 19b was the address of his mother and as such would also have been an appropriate address for inclusion on his separation document.
ARMY | BCMR | CY2004 | 20040003065C070208
The report of his medical examination does not show that he was injured or that he was wounded in action. A 14 July 1987 DD Form 149 (Application for Correction of Military or Naval Record) shows that he again requested award of the Combat Infantryman Badge. Examples of injuries or wounds which clearly do not qualify for award of the Purple Heart include frostbite or trench foot injuries, heat stroke, and accidents, to include explosive, aircraft, vehicular, and other accidental wounding...
ARMY | BCMR | CY2004 | 20040003082C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 March 2005 DOCKET NUMBER: AR20040003082 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 military records are not available to the Board for review. The records show the applicant should have discovered the error or injustice now under consideration on 29 May 1945, the date of...
ARMY | BCMR | CY2004 | 20040003083C070208
SUPPLEMENTAL RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 February 2005 DOCKET NUMBER: AR20040003083 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. Peter B. Fisher | |Member | The Board considered the following additional evidence: Exhibit C – (show the identifying data for the original Record of Proceedings) CONSIDERATION OF ADDITIONAL...
ARMY | BCMR | CY2004 | 20040003087C070208
The applicant requests, in effect, that his record be corrected to show that he separated or retired from active duty by reason of physical disability. Subsequent to his original application, he also submitted copies of his service medical records and Department of Veterans Affairs (VA) treatment records. The applicant’s statement that he received disability compensation from the VA after his separation from active duty is not confirmed in records available to the Board.
ARMY | BCMR | CY2004 | 20040003097C070208
Jonathon K. Rost | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The separation authority approved the applicant’s separation and directed he receive an UD. The applicant is also advised that the ADRB considered his case and after reviewing the evidence of record and the independent evidence he provided, determined that his discharge was proper and equitable.
ARMY | BCMR | CY2004 | 20040003118C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 March 2005 DOCKET NUMBER: AR20040003118 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. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice...
ARMY | BCMR | CY2004 | 20040003121C070208
A doctor at WRAMC, LTC “X,” completed a Form 46-2-R, Military Physician’s Statement, Soldier’s Incapacitation/Fitness for Duty, in which he stated that he examined the applicant on 21 August 2002 and that he was not fit to perform his military duties or his civilian job from 21 August 2002 until 31 January 2003. (1) The applicant was followed up on 9 May 2002. He stated that he had his elbow evaluated by Doctor “C” at WRAMC on 6 November 2001, and was informed that the paperwork...
ARMY | BCMR | CY2004 | 20040003128C070208
The applicant provides: a. The applicant's available service records have been thoroughly reviewed and offer no evidence to show that he was ever wounded in Vietnam. He was in Vietnam from 1-13 November 1969.
ARMY | BCMR | CY2004 | 20040003143C070208
The enlistment contract the applicant entered into on 6 December 2001 lists her HOR as Torrance, California in Item 3 (Home of Record). It provides guidance for corrections for members whose permanent home address was listed incorrectly in official records. In this case, the evidence of record clearly shows an error was made when the applicant's HOR address was listed differently on enlistment contracts completed between 1990 and 1999 and that a temporary residence rather than the...
ARMY | BCMR | CY2004 | 20040003152C070208
The applicant submitted a statement with his discharge request. On 28 March 1980, the applicant was discharged accordingly. However, there is no evidence of record to support this claim.
ARMY | BCMR | CY2004 | 20040003154C070208
According to an entry in item 40 (wounds), on the applicant’s Department of the Army Form 20 (Enlisted Qualification Record), a Western Union Telegram, and orders issued by the 1st Cavalry Division confirming award of the Purple Heart, the applicant sustained multiple fragment wounds to his hands and legs on 5 September 1969. 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....
ARMY | BCMR | CY2004 | 20040003159C070208
The applicant requests, in effect, an upgrade of his undesirable discharge (UD). On 8 May 1972, the applicant was discharged accordingly. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2004 | 20040003168C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 March 2005 DOCKET NUMBER: AR20040003168 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. James B. Gunlicks | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant is requesting correction of an alleged error which occurred on 6 July...
ARMY | BCMR | CY2004 | 20040003174C070208
In his request for discharge, the applicant indicated he understood the implications associated with his discharge request and that by requesting discharge, he was acknowledging that he was guilty of the charge(s) against him, or of a lesser included offense that authorized the imposition of a bad conduct or dishonorable discharge. On 30 November 1981, the separation authority approved the applicant’s request for discharge and directed he receive an UOTHC discharge. On 4 December 1981, the...
ARMY | BCMR | CY2004 | 20040003175C070208
His disciplinary history includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on three separate occasions. It also shows that at the time, he had completed a total of 1 year, 1 month and 10 days of active military service. The applicant is advised that no medical records were provided with the military records submitted for review by the Board, as result his request for copies of these records cannot satisfied.
ARMY | BCMR | CY2004 | 20040003177C070208
On 28 March 1975, the applicant was discharged accordingly. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. The evidence of record confirms that the applicant was charged with the commission of an offense...
ARMY | BCMR | CY2004 | 20040003178C070208
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Purple Heart and any other combat citations. c. The Vietnam Campaign Medal (VCM) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. The applicant is also entitled to have his DD Form 214 corrected...
ARMY | BCMR | CY2004 | 20040003180C070208
Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The applicant's records show that he received one Article 15 and was AWOL over 30 days. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
ARMY | BCMR | CY2004 | 20040003184C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2004 | 20040003189C070208
The applicant requests correction of his records to show award of the Purple Heart. There are no orders in the applicant’s service personnel records supporting award of the Purple Heart. The applicant's records contain a letter from the NPRC, dated 25 February 2004, which stated in part, that they were unable to verify the applicant's entitlement to the Purple Heart and suggested that the applicant contact the DVA to determine if they had any military medical records on file which showed...
ARMY | BCMR | CY2004 | 20040003224C070208
Antonio Uribe | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides a leave and earnings statement dated 1 June 2004 and a bill for $150.00 for SGLI premiums dated 1 March 2004. On 17 February 2004, the applicant was assigned to an individual mobilization augmentee (IMA) position with the U. S. Army Human Resources Command in Alexandria, VA drilling for points only and authorized to perform up to 48...
ARMY | BCMR | CY2004 | 20040003227C070208
Jonathon K. Rost | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that her records be corrected to show she enlisted in pay grade E-4. Applicants who have successfully completed a degree-producing college program of 4 years duration and the college or university is properly accredited and have been awarded a Bachelor's or higher degree are authorized enlistment in pay grade E-4.
ARMY | BCMR | CY2004 | 20040003235C070208
Peter B. Fisher | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The FSM and the applicant married on 8 June 1999. The SBP provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.
ARMY | BCMR | CY2004 | 20040003237C070208
The applicant states that his time in service and his record will show that he did the best he could. The applicant's complete records were not available and circumstances surrounding his discharge under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in lieu of trial by court-martial were not in the available records. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable...
ARMY | BCMR | CY2004 | 20040003238C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 March 2005 DOCKET NUMBER: AR20040003238 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. 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. Therefore, it would be appropriate to...
ARMY | BCMR | CY2004 | 20040003243C070208
The applicant provides: a. A complete copy of the Board's original Record of Proceedings in his case, including his application and all supporting documents. In this case, the Board expunged the drunk driving GOMOR issued to a Soldier after he was found not guilty in a court of law because he successfully challenged the reliability of the results of his blood-alcohol content (BAC) test and the court invalidated the results.
ARMY | BCMR | CY2004 | 20040003248C070208
The applicant requests, in effect, that the reviewer non-concurrence statement included with his Noncommissioned Officer Evaluation Report (NCOER) for the period July 1998 through December 1998 be removed from his Official Military Personnel File (OMPF), and that he be reconsidered for promotion to E-8 by a Stand-By Advisory Board (STAB). He claims the reviewer was not present at his duty location during much of the rating period. The evidence of record does not confirm the extent of the...
ARMY | BCMR | CY2004 | 20040003268C070208
The applicant’s Military Personnel Record Jacket (MPRJ) contains no documentary evidence showing that he ever requested a hardship discharge and it is void of a separation packet containing the specific facts and circumstances surrounding his separation processing. The record does include a separation document (DD Form 214) that shows the applicant was separated with an UD on 19 October 1973, under the provisions of chapter 10, Army Regulation 635-200, for the good of the service, in lieu...
ARMY | BCMR | CY2004 | 20040003270C070208
A Medical Evaluation Board (MEB) Narrative Summary dated 3 March 1998 stated that the applicant began complaining of bilateral knee pain with exercise shortly after her entry on active duty. The rating action by the VA does not necessarily demonstrate an error or injustice on the part of the Army. Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 April 1998; therefore, the time for the applicant to file a request for correction of...
ARMY | BCMR | CY2004 | 20040003279C070208
The evidence of record confirms this Board directed the actions that resulted in the applicant’s promotion to SFC prior to his REFRAD for retirement. The evidence of record further confirms that based on the recommendation of this Board, the applicant was considered for promotion by a STAB, which resulted in his selection for and promotion to SFC, effective 1 September 2001. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2004 | 20040003280C070208
Title 10, U. S. Code, section 619(a)(5)(c)(2)(C) states that the Secretary of the military department concerned may, by regulation, preclude from consideration by a selection board by which he would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date the promotion board is convened. Paragraph 1-10e(1) stated that officers whose established separation or retirement date was within 90 days after the date on which the...
ARMY | BCMR | CY2004 | 20040003291C070208
The applicant requests that his records be corrected to show he was authorized severance pay. 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. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2004 | 20040003295C070208
The evidence of record shows the applicant was released from active duty on 30 September 2000 in the rank of LTC after completing 20 years and 5 days of creditable active service. Although the applicant states he does not request correction of his records to show he served the additional time on active duty, such a correction is administratively necessary to facilitate the relief he does request. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2004 | 20040003301C070208
The applicant provides his enlistment contract dated 8 October 1999; his DA Form 4836 dated 1 June 2000; his DA Form 4836 dated 29 April 2001; two USARC (U. S. Army Reserve Command) Forms 130-R (Reenlistment Eligibility Worksheet); and his DA Form 2A (Personnel Qualification Record). The advisory opinion recommended correction of the 1 June 2000 extension, voiding of the 29 April 2001 extension, and authorizing the applicant a reenlistment bonus and the SLRP. As a result, the Board...
ARMY | BCMR | CY2004 | 20040003334C070208
The applicant states that his records were lost and all information about his prior service was not entered on his DD Form 214. The applicant's DD Form 214 for the period 2003-02-24 to 2004-04-19 does not reflect the appropriate service in Block 12d and e. The applicant had prior active service in the USMC from 1987-09-10 to 1991-09-09. As a result, the Board recommends denial of so much of the application that pertains to Block 11 (Primary Specialty), Block 13 (Decorations, Medals,...
ARMY | BCMR | CY2004 | 20040003367C070208
His DD Form 214 shows that he was discharged under the provisions of Army Regulation 635- 212 by reason of unfitness with an undesirable discharge and with a characterization of service of under other than honorable conditions. There is no medical evidence of record that shows the applicant had any illness or medical problem prior to his discharge on 21 September 1971. Evidence shows that the applicant was properly and equitably discharged in accordance with the regulations in effect at...
ARMY | BCMR | CY2004 | 20040003381C070208
Therefore, the applicant is entitled to have his records corrected to show this award. Navy Orders Number 1650, dated 23 July 1969, shows that the applicant was awarded the Purple Heart for wounds received in action against armed enemies of the United States on 3 April 1969. Therefore, he is entitled to correction of his military records to show these awards.
ARMY | BCMR | CY2004 | 20040003384C070208
The applicant provides his General Discharge Certificate; his advanced individual training (AIT) completion certificate; his DD Form 214 (Certificate of Release or Discharge from Active Duty); a DA Form 2627 (Record of Proceedings under Article 15, UCMJ); one page of his DA Form 2-1 (Personnel Qualification Record); a request for civilian medical records dated 31 March 2004; a psychiatric evaluation dated 10 November 1993; his Associate in Arts diploma; and his Bachelor of Science diploma. ...
ARMY | BCMR | CY2004 | 20040003390C070208
The applicant provides in support of his request: a. WD AGO Form 55 (Military Record and Report of Separation Certificate of Service), issued on 18 October 1944. b. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. c. Issuing the individual a DD Form 215 for the period of service ending on 18 October 1944 to show award of the BSM, five bronze service stars to be worn on the EAME Campaign Medal, and the bronze arrowhead.
ARMY | BCMR | CY2004 | 20040003398C070208
The applicant’s Personnel Qualification Record (DA Form 2-1) shows, in Item 18 (Appointments and Reductions), that he was promoted to sergeant/E-5 (SGT/E-5) on 1 September 1990 and that this is the highest rank he attained while serving on active duty. The applicant’s Military Personnel Records Jacket (MPRJ) is void of a promotion point worksheet, or of any other documents or orders indicating that he was ever recommended for promotion by any members of his chain of command, that he was...