ARMY | BCMR | CY2004 | 20040005934C070208
He further states that he had completed four years of honorable active duty service at the time of his discharge. The applicant provides the following documents in support of his application: Self-Authored Statement, Record of Proceedings Under Article 15, UCMJ (DA Form 2627-1), Waiver of Rights Statement, Separation Documents, Clinical Record (SF 502), Physical Profile Record, Physical Evaluation Document, X-Ray Reports, and Post Traumatic Stress Disorder (PTSD) Diagnosis and Treatment...
ARMY | BCMR | CY2004 | 20040005937C070208
On 12 October 1982, the Army Discharge Review Board (ADRB) determined that the applicant’s discharge was proper and equitable and it voted to deny the applicant’s request for an upgrade of his discharge. 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...
ARMY | BCMR | CY2004 | 20040005939C070208
Chapter 10 of the 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 charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. The Clemency Discharge is a neutral discharge, issued neither under “honorable conditions” nor under “other than honorable conditions.” It is to be considered as ranking...
ARMY | BCMR | CY2004 | 20040005951C070208
Item 38 of his DA Form 20 (and item 35 of his DA Form 2-1) shows he was assigned to L Troop, 3d Squadron, 11th Armored Cavalry Regiment on 15 November 1967 and performed duties as an 11D40 Senior Radar Operator. The Bronze Star Medal orders show the applicant's rank as SP5, an Article 15 he received on 2 May 1969 shows his rank as SP5, and he signed a DA Form 20 on 14 July 1970 and audited it on 21 March 1974 knowing it showed he was promoted to SP5 on 12 February 1968. Records show the...
ARMY | BCMR | CY2004 | 20040005965C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 June 2005 DOCKET NUMBER: AR20040005965 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 DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly...
ARMY | BCMR | CY2004 | 20040005982C070208
The applicant was also advised of the basis for his separation under the provisions of Army Regulation 635-212. On 15 March 1972, the applicant was discharged from active duty. When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record.
ARMY | BCMR | CY2004 | 20040005999C070208
Delia R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that the date on his citation for the Bronze Star Medal is not correct and should read 10 March 1945 and not 10 April 1945. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.
ARMY | BCMR | CY2004 | 20040006012C070208
The applicant’s military records are not available to the Board for review. This case is being considered using reconstructed records that primarily consist of a WVARNG separation report (NGB Form 22) and active duty separation document (DD Form 214). 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...
ARMY | BCMR | CY2004 | 20040006031C070208
Chapter 7 provided the Army’s promotion policy and granted company level unit commanders the authority to promote individuals to the grades of E-4 and below. The evidence of record in this case provides no indication that the applicant was ever recommended for, or promoted to a rank above PFC by the proper promotion authority while he was serving on active duty. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must...
ARMY | BCMR | CY2004 | 20040006032C070208
In its original conclusions, the Board found that the applicant’s request to upgrade his heroism award for actions on 22 March 1970 had been previously considered and denied by the ADB. These recommendations specifically requested consideration of an upgrade of the award the applicant received for his actions on 22 March 1970, and included supporting documents to be considered by the ADB. This review resulted in a conclusion that the merits of the applicant’s case did not support an...
ARMY | BCMR | CY2004 | 20040006043C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 May 2005 DOCKET NUMBER: AR20040006043 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. Chapter 4 of the same regulation further states that the PEB evaluates all cases of physical disability equitably for the Soldier and the Army. It states, in pertinent part, that a RC soldier will be referred for medical...
ARMY | BCMR | CY2004 | 20040006050C070208
On 21 April 1989, the applicant was separated accordingly. The separation document (DD Form 214) he was issued shows he completed a total of 2 years, 4 months and 21 days of active military service and held the rank of PFC on the date of his separation. 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 | 20040006068C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 June 2005 DOCKET NUMBER: AR20040006068 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 date of induction and entry onto active duty be changed on his WD AGO Form 53-55 (Enlisted Record and Report of Separation)(Honorable Discharge). Additionally, his WD AGO...
ARMY | BCMR | CY2004 | 20040006087C070208
The applicant states, in effect, his disability rating decision did not include all of the available documentation, that there is new evidence available and that new medical conditions have been shown to exist. Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent. There is no available evidence to show that the additional disabilities rated by the VA had any...
ARMY | BCMR | CY2004 | 20040006097C070208
Delia R. Trimble | |Member | The Board considered the following evidence: EXhibit A - Application for correction of military records. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number (SSN). This Board action will be filed in his military records so an additional record of his social security number will be on hand.
ARMY | BCMR | CY2004 | 20040006114C070208
That his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in Block 18 (Remarks) his Delayed Entry/Enlistment Program (DEP) service. The applicant provides: a. The applicant's DD Form 214 clearly shows that he was DISCHARGED [emphasis added]; therefore, he incurred no further service obligation.
ARMY | BCMR | CY2004 | 20040006125C070208
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his correct social security number (SSN) of 463-__-____, to show his pay grade as E-3, to show he received $11,388.66 in severance pay, and to adjust his reentry (RE) code to RE code 1. His records should be corrected to reflect an RE code of 3. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse...
ARMY | BCMR | CY2004 | 20040006150C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 June 2005 DOCKET NUMBER: AR20040006150 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 is requesting correction of an alleged error which occurred on 30 June 1978, the date that his upgraded discharge was not affirmed by the Army Discharge Review Board. The ADRB voted unanimously to upgrade...
ARMY | BCMR | CY2004 | 20040006152C070208
On 17 July 2002, PERSCOM approved the applicant’s request for release from active duty (REFRAD) under the provisions of chapter 2, Section II, Army Regulation 600-8-24. Item 25 (Authority for Separation) contains an entry showing he was separated under the provisions of Army Regulation 600-8-24, Paragraph 2-5 and Item 28 lists the narrative reason for his separation as miscellaneous/general reasons. DISCUSSION AND CONCLUSIONS: The evidence of record confirms the PERSCOM directive that the...
ARMY | BCMR | CY2004 | 20040006156C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 May 2005 DOCKET NUMBER: AR20040006156 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 the first and middle names recorded in Item 1 (Last Name, First Name, Middle Name) of his separation document (DD Form 214) be corrected to read Ramon Miguel, instead of Miguel...
ARMY | BCMR | CY2004 | 20040006164C070208
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to include her Active Duty for Training (ADT) she completed in 1985 as a member of the United States Army Reserve (USAR). The applicant further states that her DD Form 214 only shows her first MOS training and active duty in 1982. The applicant provides: a.
ARMY | BCMR | CY2004 | 20040006181C070208
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s record shows that at the time of his application to the Board, he was serving as a member of the Maryland Army National Guard (MDARNG), in the rank of sergeant (SGT). The evidence of record confirms the applicant’s RA separation processing was accomplished in accordance with the applicable regulation.
ARMY | BCMR | CY2004 | 20040006195C070208
The GWOTEM is authorized for Soldiers who deploy abroad for service in GWOT operations on or after 11 September 2001. However, the evidence of record includes a DD Form 214 that contains an entry that indicates he served in Kuwait between 10 October 2001 and 8 December 2001. The evidence of record does confirm the applicant’s entitlement to the GWOTSM, based on his service in support of GWOT operations on or after 11 September 2001.
ARMY | BCMR | CY2004 | 20040006197C070208
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 2003 to show all of her total prior active service and total prior inactive service. The applicant states that her DD Form 214 does not show all of her total active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
ARMY | BCMR | CY2004 | 20040006208C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 April 2005 DOCKET NUMBER: AR20040006208 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. Special Orders Number 276, Headquarters, US Army Training Center, Infantry and Fort Dix, New Jersey, dated 2 October 1972, show that the applicant returned to military control at Fort Devens, Massachusetts on...
ARMY | BCMR | CY2004 | 20040006210C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 May 2005 DOCKET NUMBER: AR20040006210 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. There is no evidence of record that suggests the NJP imposed on the applicant resulted in a clear injustice. As a result, he was not eligible to receive separation pay at the time he was released from active duty.
ARMY | BCMR | CY2004 | 20040006217C070208
The board noted that the applicant's childhood medical records contained no documentation of any medical treatment during the year 1999 or any diagnosis of asthma; however, it also noted that he had enrolled in the university in 1999, explaining the absence of [childhood] medical records from 1999 to the present. Whether the doctor got the information from the applicant's records or from the applicant himself, the board stated that the doctor's statements indicated the applicant had...
ARMY | BCMR | CY2004 | 20040006253C070208
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add the Meritorious Service Medal (MSM). The Board accepts the MSM certificate provided by the applicant as sufficient evidence to show he was awarded the MSM. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by showing he was awarded the Meritorious Service Medal, the Republic of Vietnam Campaign Medal with device...
ARMY | BCMR | CY2004 | 20040006266C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge. The applicant's statement submitted during his discharge processing stated that he experienced difficulties with his unit prior to going AWOL.
ARMY | BCMR | CY2004 | 20040006316C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 May 2005 DOCKET NUMBER: AR20040006316 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 states that he received medical treatment for this injury throughout the time he served in the RVN. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.
ARMY | BCMR | CY2004 | 20040006325C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 June 2005 DOCKET NUMBER: AR20040006325 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was separated on 30 June 1982, under the provisions of chapter 13, Army Regulation 635-200, for unsuitability, with a GD. ...
ARMY | BCMR | CY2004 | 20040006329C070208
It is conceivable to believe that, had the applicant's request been correctly sent to the DASEB in September 2003, the DASEB would have considered his request prior to the 1 November 2003 convening of the captain promotion board. Therefore, it would be equitable to correct the applicant's records to show that the GOMOR was transferred to his restricted fiche prior to the 1 November 2003 convening of the captain promotion board. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2004 | 20040006330C070208
He now requests that he be promoted and now be given a promotion and retirement ceremony he never received. As a result, he had already been removed from the promotion list and was in a non-promotable status in October 2003. The regulation stipulates that in order to successfully appeal an OER, the applicant must provide clear and convincing evidence of a compelling nature to show action is necessary to correct a material error, injustice or inaccuracy.
ARMY | BCMR | CY2004 | 20040006332C070208
Table 3-3 states that, if granted commissioned service credit of 3 years or more but less than 7 years, then appointment grade will be 1LT. The evidence of record shows the applicant was appointed to 1LT in the Army National Guard in the JAGC on 18 July 2002. As a result, the Board recommends that all the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by: a. showing he was appointed a 1LT in the Army National Guard in...
ARMY | BCMR | CY2004 | 20040006338C070208
Records contain a memorandum, dated 30 July 1991, from United States Army Trial Defense Service, wherein the applicant's legal counsel raised the issue that he should be separated by a Medical Evaluation Board (MEB), rather then be administratively separated under the provisions of chapter 14 of Army Regulation 635-200. 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...
ARMY | BCMR | CY2004 | 20040006344C070208
On 12 December 1988, the applicant’s commander informed him that he was initiating separation action under the provisions of Army Regulation 635- 200, chapter 5-13 for a diagnosed personality disorder. On 21 December 1988, the applicant's commander formally recommended that the applicant be separated under the provisions of Army Regulation 635-200, chapter 5-13. Army Regulation 640-10 (Individual Military Personnel Records), in effect at the time, controlled the filing of documents in...
ARMY | BCMR | CY2004 | 20040006348C070208
The applicant states, in effect, that he was promoted to sergeant on 1 November 2002 and his official military records, to include his Enlisted Record Brief, were never updated to show he was promoted. c. Certificate of Training, 17th Training Group, Goodfellow Air Force Base, dated 23 May 2002. d. Orders Number 297-402, Detachment B, 509th Personnel Services Battalion, promoting the applicant from private first class to sergeant in MOS 98G, effective 1 November 2002. e. Memorandum,...
ARMY | BCMR | CY2004 | 20040006350C070208
The commander stated that the applicant had successfully completed all of the requirements in accordance with Army Regulation 601-210 and that the applicant had been promoted to sergeant prior to her arrival at the 102nd Military Intelligence Battalion. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides for enlisted promotions and states in pertinent part that Soldiers enlisted into the Army under ACASP in accordance with Army Regulation 601-210 will be promoted with an...
ARMY | BCMR | CY2004 | 20040006352C070208
On 18 April 2003, the battalion commander recommended that the applicant receive an accelerated promotion to the rank of sergeant with an effective DOR and DOR of 15 December 2002, the applicant had successfully completed all requirements in accordance with Army Regulation 601-210 as of this date. The applicant’s commander asserts that the applicant met all the requirements for promotion to pay grade E-5 under the ACASP program on 15 December 2002 and recommended that he be promoted to...
ARMY | BCMR | CY2004 | 20040006356C070208
On 1 November 2004, the battalion commander provided to this Board, on behalf of the applicant, a memorandum stating, in effect, that the applicant's DOR is 1 October 2003 and that it should be corrected to show that he had a DOR and effective DOR of 1 June 2003 in accordance with Army Regulation 601-210. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides for enlisted promotions and states in pertinent part that Soldiers enlisted into the Army under ACASP in accordance...
ARMY | BCMR | CY2004 | 20040006359C070208
The following data were listed for consideration in computing active duty time: A) the applicant was commissioned on 29 May 1982, attended officer basic course from 21 July through 31 August 1982 and was subsequently assigned to Ft. Lee with a report date of 9 September 1982; B) from 1984 through 1987 she was assigned to Ft. Polk as a staff nurse and completed the officer advanced course from 18 May 1984 through 10 September 1985; C) in 1987 through 1989 the applicant was assigned to Ft....
ARMY | BCMR | CY2004 | 20040006372C070208
Peter B. Fisher | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his student loans be paid (on a prorated basis) per his enlistment contract. His Statement for Enlistment United States Army Enlistment Program shows he enlisted for training of choice, for the LRP, and for the U. S. Army Partnership for Youth Success (PAYS) program.
ARMY | BCMR | CY2004 | 20040006378C070208
The applicant’s military records are not available to the Board for review. On 8 October 1955, the applicant was separated from the Army with a dishonorable discharge. Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 October 1955, the date of his discharge; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 7 October 1958.
ARMY | BCMR | CY2004 | 20040006387C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 7 June 1972, the commander recommended approval of the applicant's request for discharge under the provisions of chapter 10, Army Regulation 635-200, for the good of the service with a UD. A Criminal Investigation Division (CID) Report of Investigation shows that, on 7 June 1972, while in the Fort Sam Houston Post Stockade, the applicant and two accomplices (Soldiers) forced a fourth Soldier to perform oral sodomy on them by...
ARMY | BCMR | CY2004 | 20040006388C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 September 2005 DOCKET NUMBER: AR20040006388 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 her records be corrected to reflect her gender reassignment (sex change) and name change. He was separated from active duty and discharged from the USAR under that name and gender.
ARMY | BCMR | CY2004 | 20040006390C070208
The applicant provides the following documents in support of his application: Separation Document (DD Form 214, dated 28 June 1976; DD Form 214, dated 23 September 1960; Enlisted Qualification Record (DA Form 20); Enlistment Record (DD Form 4); Combat Service Certificate; and Veterans Center Intake Form. Therefore, this evaluation is not sufficient to use as a basis to grant the requested relief in this case. The Board determined that the evidence presented does not demonstrate the...
ARMY | BCMR | CY2004 | 20040006416C070208
Powers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. However, it fails to show that the applicant was ever treated for wounds received in action. If the applicant was wounded at the time of his capture, he had the responsibility to report that he was wounded at the time of liberation or at the time of separation.
ARMY | BCMR | CY2004 | 20040006435C070208
The applicant requests that the records of her deceased spouse, a former service member (FSM), be corrected to show he was reinstated with back pay and that she receive retirement benefits. The applicant states that 31 years after the FSM's death she is finding out he had seven medals she knew nothing about and she is entitled to benefits. If the applicant is referring to the SBP, there is no evidence of record and she provides no evidence to show the FSM enrolled in the SBP.
ARMY | BCMR | CY2004 | 20040006444C070208
A representative of the Office of Promotions, Reserve Components, Promotions Branch, Special Actions, Human Resources Command-St. Louis, confirmed that without a waiver of the military education requirement, the applicant was not eligible to have his records submitted to a SSB despite the removal of the record of the applicant's nonselection for promotion to major in 1997. The ABCMR's decision in Docket Number AR2003091729, failed to identify that a waiver of the military education...
ARMY | BCMR | CY2004 | 20040006445C070208
The applicant submitted a DA Form 2496 (Disposition Form), dated 9 October 1985, in which he requested leave approval to attend classes at General Motors Training Center in Kansas to get up to date information in order to pass certification test in the month of December 1986. On 18 February 1986, the applicant was notified by his commander that he was being recommended for separation under the provisions of paragraph 14-12b (Patterns of Misconduct) of Army Regulation 635-200 (Active...