ARMY | BCMR | CY2004 | 20040004920C070208
Antonio Uribe | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 5 December 1969 through 27 August 1970. Notwithstanding the entry in Item 40 his DA Form 20, there are no orders or documents on file in his MPRJ that indicate the applicant was ever recommended for, or awarded the PH by proper authority.
ARMY | BCMR | CY2004 | 20040004921C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 April 2005 DOCKET NUMBER: AR20040004921 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. 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...
ARMY | BCMR | CY2004 | 20040004926C070208
The application submitted in this case is dated 28 July 2004. On 19 July 1977, the applicant was separated with a UOTHC discharge. On 21 May 1980, the Army Discharge Review Board (ADRB) denied the applicant's request for an upgrade of his discharge.
ARMY | BCMR | CY2004 | 20040004936C070208
The applicant states, in effect, that the FSM never received award of the Purple Heart for his eye injury and hearing loss which occurred on 24 September 1944. The FSM’s military records are not available. This form shows that the applicant sustained injuries to his eyes on 12 September 1943.
ARMY | BCMR | CY2004 | 20040004945C070208
Peter B. Fisher | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The separation authority approved the applicant’s separation under the provisions of the EDP and directed the applicant receive a GD. There is no indication in the record that the applicant applied for an upgrade of his discharge to the Army Discharge Review Board within its 15 year statute of limitations.
ARMY | BCMR | CY2004 | 20040004963C070208
Powers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect that his military record be corrected to show all awards that he may be authorized. The applicant is authorized award of the GCMDL for his honorable period of service from 17 January 1949 to 11 September 1952.
ARMY | BCMR | CY2004 | 20040004980C070208
Diane J. Armstrong | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that his separation document (DD Form 214) does not reflect that he received the PH for being wounded while serving in the Republic of Vietnam (RVN). The applicant’s Military Personnel Records Jacket (MPRJ) contains no indication the applicant received a wound/injury as a direct result of, or that was caused by enemy action...
ARMY | BCMR | CY2004 | 20040004983C070208
In 2004, apparently as a result of a court order, the applicant was again considered for promotion to LTC by an SSB, acting under Title 10, U. S. Code, section 628, under the promotion criteria for fiscal year 1997. 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 to enable members challenging unfavorable treatment by a selection board to apply to their Service Secretary for consideration by a special...
ARMY | BCMR | CY2004 | 20040005037C070208
On 5 July 1985, the ADRB reviewed and denied the applicant's request for upgrade. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3-year limit on filing to the Army Board for Correction of Military Records (ABCMR) should commence on the date of...
ARMY | BCMR | CY2004 | 20040005068C070208
There are no orders in the applicant's military service records awarding him the Purple Heart. The records contain a statement, dated 12 December 2001, from a Soldier who stated he was assigned with the applicant in Company D during 1967 and 1968. The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.
ARMY | BCMR | CY2004 | 20040005088C070208
The applicant requests, in effect, that two military courses he completed be added to his separation document (DD Form 214). He states that he successfully completed the courses and earned having them properly recorded in his record. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing by amending Item 31 of his 22 July 1955 DD Form 214 by adding the following entries: “Projectionist Training (License Number F-40)”...
ARMY | BCMR | CY2004 | 20040005089C070208
On 6 March 2003, the applicant underwent a mental status evaluation for consideration of a discharge due to a personality disorder. On the same date, the applicant was issued a temporary Physical Profile due to adjustment disorder/personality disorder. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.
ARMY | BCMR | CY2004 | 20040005102C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 March 2005 DOCKET NUMBER: AR20040005102 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. He further states that he has only one act of misconduct in the service and has many service decorations and awards. Conviction and discharge were effected in accordance with applicable law and regulations, and the...
ARMY | BCMR | CY2004 | 20040005103C070208
Larry J. Olson | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that the FSM was short one year of qualifying service for retired pay at the time of his discharge from the United States Army Reserve (USAR) in 1980. The ARPC Form 249-3 further shows that the FSM served in the United States Army Reserve (USAR) from 24 April 1974 through 19 March 1980.
ARMY | BCMR | CY2004 | 20040005123C070208
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that when he retired from the Army National Guard he was told the SBP would cost about 50 percent of his retired pay. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he completed his DD Form 2656 and elected to participate in the SBP for spouse only...
ARMY | BCMR | CY2004 | 20040005127C070208
The applicant requests, in effect, that the National Defense Service Medal (NDSM) and any other awards to which he is entitled be added to his separation document (DD Form 214). It is authorized to members who served on active duty in Korea from 28 July 1954 to a date to be determined. Therefore, the Board requests that the CMSD-St. Louis correct the records of the individual concerned to show his entitlement to the Korean Defense Service Medal and Republic of Korea Presidential Unit...
ARMY | BCMR | CY2004 | 20040005130C070208
The applicant contends that his records should be corrected to show award of the Purple Heart and the Good Conduct Medal. In the absence of records which show the applicant was wounded as a result of hostile action or was treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award...
ARMY | BCMR | CY2004 | 20040005139C070208
Powers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. His request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial and the punitive discharge that he might have received.
ARMY | BCMR | CY2004 | 20040005173C070208
Patrick H. McGann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her Officer Evaluation Report (OER) for the period 1 December 1999 through 25 May 2000 be amended to show it was not referred; to remove the referral attachments to the OER from her records; and, in Part Vb that the sentences, "1LT ___ failed to take the APFT, administered twice during the rating period (1 Apr & 6 May). The 77th...
ARMY | BCMR | CY2004 | 20040005179C070208
The applicant requests, in effect, award of the Army Good Conduct Medal and any other awards to which he is entitled. Item 24 of (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the applicant’s DD Form 214 shows he earned the following awards during his active duty tenure: Parachutist Badge, Combat Infantryman Badge, RVN Campaign Medal, and National Defense Service Medal. Therefore, the Board requests that the CMSD-St. Louis...
ARMY | BCMR | CY2004 | 20040005186C070208
He also states that his DD Form 214 shows that he served with the 30th Infantry Division (ID), however, he was assigned to the 30th ID for separation processing and he served with the 3rd ID. Army Regulation 600-8-22 also states that marksmanship qualification badges are awarded to indicate the degree in which an individual has qualified in a prescribed record course. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by...
ARMY | BCMR | CY2004 | 20040005190C070208
His punishment included 14 days of extra duty and restriction. 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 available evidence shows the applicant was discharged under the provisions of chapter 13, Army Regulation 635-200, with an HD, due to unsatisfactory performance and was assigned a Separation Code of "JHJ" and an RE-code of RE-3.
ARMY | BCMR | CY2004 | 20040005196C070208
Further, no service medical records were included with the records provided the Board. The PH is not included in the list of authorized awards. Further, the ABCMR is not an investigative body and considers cases based on the evidence and records that are provided.
ARMY | BCMR | CY2004 | 20040005226C070208
On 12 July 1965, the applicant was discharged with an undesirable discharge and a characterization of service as under other than honorable conditions. 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 18 years old at the time of his discharge and there is no evidence that indicates that he was any less mature than other Soldiers of the same age who successfully...
ARMY | BCMR | CY2004 | 20040005229C070208
It does reveal a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on four separate occasions, and his conviction by a special court-martial (SPCM). On 1 July 1980, the applicant accepted NJP for failing to obey a lawful general order, two specifications of wrongfully communicating a threat, resisting lawful apprehension and stealing. However, there is no evidence of record or...
ARMY | BCMR | CY2004 | 20040005240C070208
He further stated that because no discharge orders could be found on the FSM, his retirement points statement was carried through the date of his death. It states, in pertinent part, that a member who has completed at least 20 years of qualifying service is eligible to receive retired pay at age 60 upon application. The evidence of record in this case, as evidenced by the HRC St. Louis advisory opinion and accompanying retirement points statement, confirm the FSM completed only 16 years,...
ARMY | BCMR | CY2004 | 20040005245C070208
The applicant states that evidence was not available at the time of the Physical Evaluation Board (PEB) so he was not correctly evaluated. The applicant provides his DA Form 199 (Physical Evaluation Board (PEB) Proceedings); an Operation Report dictated 29 May 2003; three radiologic examination reports (two 1-page reports and one 2-page report) dated 6 July 2004; two magnetic resonance imaging (MRI) reports printed 25 June 2004; a 2-page Statement of Attending Physician dated 22 June 2004;...
ARMY | BCMR | CY2004 | 20040005257C070208
Linda M. Barker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that all charges be removed from the Federal Bureau of Investigation's (FBI's) records (in effect, that information concerning the charges be removed from the records maintained by the U. S. Army Criminal Investigation Command's (CID's) Crime Records Center. Army Regulation 15-185 sets forth the procedures under which the Army Board for...
ARMY | BCMR | CY2004 | 20040005278C070208
ARMY | BCMR | CY2004 | 20040005281C070208
On 25 January 2002, the separation authority approved the applicant’s separation under the provisions of paragraph 7-17, Army Regulation 635-200, by reason of fraudulent entry, and directed that the applicant’s service be characterized as honorable. On 28 May 2004, the Army Discharge Review Board (ADRB) concluded that the applicant’s discharge was proper and there was no evidence of any error or injustice in his separation processing. The DD Form 214 issued as a result of the ADRB action...
ARMY | BCMR | CY2004 | 20040005317C070208
General Orders Number 139, Headquarters, United States Army Medical Center, Ryukyu Islands, dated 17 September 1968, shows the applicant was awarded the PH for wounds received in action on 28 August 1968. For Vietnam service, one OSB is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. The available evidence shows the applicant was awarded the PH for a wound received in action on 28 August 1968.
ARMY | BCMR | CY2004 | 20040005320C070208
The applicant requests award of the Combat Infantryman Badge and award of the Vietnam Service Medal. The applicant's service personnel records show he served a period of qualifying service in Vietnam for award of the Vietnam Service Medal. Evidence of record shows that the applicant completed qualifying service in Vietnam for award of the Vietnam Campaign Medal.
ARMY | BCMR | CY2004 | 2004000533C070208
The applicant requests that the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage to former spouse coverage. The applicant provides the FSM's death certificate. Since the available evidence shows the FSM did not remarry and no one is currently receiving the SBP annuity, as a matter of equity the applicant should be granted the SBP annuity.
ARMY | BCMR | CY2004 | 20040005370C070208
Records show that the FSM was wounded during his service in World War I. The FSM's Enlistment Record shows that he sustained wounds on 5 October 1918 as a result of hostile action during his service in World War I and was discharged with a service-connected disability. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the FSM was posthumously awarded the Purple Heart for wounds sustained during World War I.
ARMY | BCMR | CY2004 | 20040005371C070208
On 10 January 1974, the applicant was discharged, in pay grade E-1, with an undesirable discharge, under the provisions of Army Regulation 635- 200, chapter 13 for unfitness. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. In regards to her court-martial conviction, the applicant may have been accused of forging a prescription for Quaalude but the court-martial found her not guilty of that charge.
ARMY | BCMR | CY2004 | 20040005386C070208
On 6 January 1982, the approval authority approved the applicant's request for discharge under the provisions of chapter 10, Army Regulation 635-200 and directed that he be separated with a UOTHC discharge in pay grade E-1. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that, on 23 February 1982, the applicant was separated under the provisions of chapter 10, Army Regulation 635-200 with a UOTHC discharge, due to conduct triable by court-martial. ...
ARMY | BCMR | CY2004 | 20040005392C070208
Public Law 106-65, enacted on 5 October 1999, amended Title 10, U. S. Code as follows: a. section 1207a was added to provide for the medical separation of a member who otherwise would not be eligible because his disability was determined to have been incurred before the member became entitled to basic pay in his or her current period of active duty; b. section 12731b was added to provide for a member of the Selected Reserve who no longer meets the qualifications for membership in...
ARMY | BCMR | CY2004 | 20040005396C070208
In pertinent part, it provides that an officer other than Medical Corps who is awarded 7 years or more but less than 14 years of entry grade credit will be appointed as a captain and who is awarded entry grade credit 14 years or more but less than 21 years of entry grade credit will be appointed a major. Paragraph 6.1.2.2 states that constructive service credit shall be awarded as follows: Paragraph 6.1.2.2.1: four years of constructive service credit shall be granted for completion of...
ARMY | BCMR | CY2004 | 20040005402C070208
Part IVc of the applicant's NCOER for the period ending June 1996 indicated he had a profile effective December 1994 and contained the comments, "SM was on profile due to chronic back injury during the entire rating period;" "diligently conducted PT within the limits of profile;" and "profile does not interfere with assigned duties." The Board concludes that if the promotion selection boards in January 1997 and later did not recommend him for promotion after seeing later NCOERs with these...
ARMY | BCMR | CY2004 | 20040005403C070208
The applicant's DA Form 3286-66, paragraph 1a states that he was enlisting, in addition to the U. S. Army Training Enlistment Program, for the "US Army College Fund $30,000." The applicant's DA Form 3286-66, paragraph 1a stated that he was enlisting, in addition to the U. S. Army Training Enlistment Program, for the "US Army College Fund $30,000." The DVA informed the applicant that he would receive $35,460.00 in MGIB benefits plus $24,165.40 for his ACF benefits.
ARMY | BCMR | CY2004 | 20040005404C070208
The evidence of record shows that the applicant enlisted for the LRP incentive. The applicant’s military records may be corrected to show his DA Form 3286-66 was amended to include the sentence “If a student loan is accepted by the officials processing you for enlistment as payable under the LRP and the government fails to verify that the student loan accepted actually is eligible under the Higher Education Act of 1965 and such failure results in nonpayment of the loan by the LRP or the...
ARMY | BCMR | CY2004 | 20040005405C070208
The authority for the order was Title 10, USC (United States Code), section 12301(d) since he was assigned as an IMA in the Army Reserve prior to being ordered to active duty and since the active duty commitment was for less than 3 years, he would have remained on the RASL." Title 10, USC, section 14317(e) states that a reserve officer who is not on the ADL and who is ordered to active duty in time of war or national emergency may, if eligible, be considered for promotion by a mandatory...
ARMY | BCMR | CY2004 | 20040005407C070208
On 21 July 1997, the Chief, Military Awards Branch, United States Total Army Personnel Command (PERSCOM), approved a change to the SF Tab removal criteria contained in Army Regulation 600-8-22 that was recommended by the CG, USAJFKSWC. He further stated that the authority of the CG, USAJFKSWC to revoke the SF Tab is well known throughout the SF community. Further, HRC Awards Branch officials approved the changes to the SF Tab removal criteria in 1997, more than five years before action was...
ARMY | BCMR | CY2004 | 20040005419C070208
The applicant requests, in effect, that his enlistment contract be corrected to show he enlisted in the Regular Army (RA) in the rank of Specialist (SPC/E-4) with a date of rank of 27 June 2002 with entitlement to pay and allowances from that date. The available evidence clearly show the applicant contracted for enlistment in the RA in pay grade E-3. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the individual...
ARMY | BCMR | CY2004 | 20040005420C070208
The applicant requests, in effect, that a General Officer Memorandum of Reprimand (GOMOR) be removed from his Official Military Personnel File (OMPF), or in the alternative that the GOMOR be transferred from the performance portion (P-Fiche) to the restricted portion (R-Fiche) of his OMPF). The DASEB decision summary indicates all the following factors were present in the applicant’s case: the applicant acknowledges his action and believes he should be punished, the chain of command...
ARMY | BCMR | CY2004 | 20040005421C070208
The applicant requests that a memorandum pertaining to her declination of a conditional promotion to Sergeant First Class (SFC/E-7) be removed from the restricted portion of her Official Military Personnel Records (OMPF). The applicant contends that a memorandum pertaining to her declination of a conditional promotion to SFC should be removed from the restricted portion of her Official Military Personnel Records (OMPF). The evidence of record shows that the applicant was...
ARMY | BCMR | CY2004 | 20040005426C070208
The applicant requests, in effect, that his records be corrected to show he enlisted in pay grade E-4 and that he be paid the difference in pay between an E-3 and an E-4 from 31 December 2003 to 25 June 2004. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), paragraph 2-20g states that a member who has successfully completed a degree-producing college program of 4-years duration and the college or university is listed in the Accredited Institutions of Postsecondary...
ARMY | BCMR | CY2004 | 20040005450C070208
The applicant provides the following documents in support of his application: Self-Authored Statement, Student Loan Repayment Program Addendum (DA Form 5261-4-R), Reserve Component Pay Support Office Student Loan Repayment Memorandum, Draft Response to Congressional Inquiry, Educational Loan Repayment Program Annual Application (DD Form 2475) and Employer Acknowledgement of Wage Withholding Memorandum. The applicant’s record shows that he enlisted in the United States Army Reserve (USAR)...
ARMY | BCMR | CY2004 | 20040005454C070208
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 his 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 | 20040005481C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 April 2005 DOCKET NUMBER: AR20040005481 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 he receive his discharge from the Enlisted Reserve, that he receive a promotion, and that he be awarded the Purple Heart. He enlisted in the Regular Army on 6 June 1957 as a Sergeant First...