ARMY | BCMR | CY2004 | 20040007930C070208
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states he was promoted in the US Air Force Reserve (USAFR) to the rank of Master Sergeant (MSGT/E-7) on 1 May 1992 and held that rank until he was honorably separated on 23 February 1998. The applicant's retired grade is currently E-5, but should be E-7.
ARMY | BCMR | CY2004 | 20040007931C070208
The applicant provides the following documents in support of his application: WD AGO FORM 53-55, Separation Qualification Record (WD AGO Form 100), Department of Veterans Affairs (VA) Rating Decision Document Extracts and VA Discharge Summary. The applicant’s military records are not available to the Board for review. However, by regulation, in order to support award of the PH, there must be evidence that a member received a combat related wound/injury as a direct result of, or that...
ARMY | BCMR | CY2004 | 20040007934C070208
Powers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 135-155 (Reserve Components Promotion of Commissioned Officers other than General Officers), dated 20 December 1960, paragraph 11 (Eligibility for promotion), subparagraph e(2) stated that, effective 1 January 1962, LTCs and majors of all branches must have successfully completed or received constructive or equivalent credit for the Regular or Associate...
ARMY | BCMR | CY2004 | 20040007938C070208
The applicant requests that his DD Form 4/3 (Enlistment/Reenlistment Document – Armed Forces of The United States) be corrected to show that he enlisted for 3 years and 16 weeks instead of 3 years and 17 weeks. The MFR from USAREC, dated 30 August 2004, confirms that the enlistment contract is incorrect and the applicant's DD Forms 4/1-3 should be corrected to reflect his term of enlistment as 3 years and 16 weeks. The applicant's enlistment contract (DD Forms 4/1-3) erroneously shows his...
ARMY | BCMR | CY2004 | 20040007939C070208
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. A Headquarters, US Army Recruiting Command Liaison, 43rd Adjutant General Battalion (Reception) Statement of Understanding through which she submits her DD Form 149 (Application for Correction of Military Record). The applicant's request for correction of enlistment data, if approved by the Army Board for Correction of Military Records (ABCMR), results in...
ARMY | BCMR | CY2004 | 20040007949C070208
The applicant states that he was assigned to an infantry unit in Vietnam and should have been awarded the CIB and any other awards to which he is authorized. While the applicant was assigned as an infantryman with an infantry unit in Vietnam, that in itself is not sufficient to warrant the award of the CIB. 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 | 20040007952C070208
Laverne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. However, by regulation, in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. The evidence does show that based on his RVN service, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation.
ARMY | BCMR | CY2004 | 20040007961C070208
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. It does include a disciplinary history that includes two periods of confinement and two convictions by special court-martial (SPCM). On 5 June 1973, the Army Discharge Review Board (ADRB), after a thorough review of the applicant’s record, determined his discharge was proper and equitable, and it voted to deny the applicant’s request for an upgrade of his...
ARMY | BCMR | CY2004 | 20040007967C070208
The applicant states, in effect, that he wants his UOTHC discharge upgraded and nothing else. The commander stated he personally interviewed the applicant and the applicant stated that he went AWOL due to his dislike for the Army; that he hated everything about the Army; that he had received an NJP for a prior period of AWOL; that the pressure at Fort Stewart was more than he could bear. On 26 March 1997, the Army Discharge Review Board denied the applicant's request for an upgrade of his...
ARMY | BCMR | CY2004 | 20040007969C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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 | 20040007981C070208
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. The evidence of record does show that based on his service and campaign participation in the RVN, the applicant is entitled to the MUC, RVN Gallantry Cross with Palm Unit Citation and 4 bronze service stars with his VSM. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned...
ARMY | BCMR | CY2004 | 20040007991C070208
The applicant’s military records are not available to the Board for review. As a result, the Board recommends that the WD AGO Form 53-55 of the individual concerned be corrected by showing he is authorized the Asiatic- Pacific Campaign Medal with three bronze service stars and one arrowhead; the Philippine Liberation Ribbon with one bronze service star; and the Bronze Star Medal (based upon award of the Combat Infantryman Badge). The Board further determined that the evidence presented...
ARMY | BCMR | CY2004 | 20040007992C070208
On 2 March 1989, the appropriate authority approved the recommendation for discharge due to personality disorder and directed the applicant's service be characterized as honorable. On 10 March 1989, the applicant was discharged under the provisions of Chapter 5, paragraph 5-13 of Army Regulation 635-200 due to a personality disorder and assigned a RE code of RE-4. Table 3-6 (Armed Forces Reenlistment Eligibility Codes) of Army Regulation 601-210, in effect at the time, states that RE-4...
ARMY | BCMR | CY2004 | 20040007993C070208
Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.
ARMY | BCMR | CY2004 | 20040007996C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The application submitted in this case is dated 13 September 2004. On 31 May 1983, the applicant was discharged under other than honorable conditions under the provisions of Chapter 5 of Army Regulation 635-120, conduct triable by court-martial.
ARMY | BCMR | CY2004 | 20040008009C070208
The applicant states, in effect, that he is entitled to correction of his records to show a Presidential Unit Emblem [now correctly known as the Presidential Unit Citation], the United Nations Service Medal, the Armed Forces Expeditionary Medal, a bronze loop indicating a second award of the Army Good Conduct Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, a personal award of the Republic of Vietnam Gallantry Cross, the Korean War Service Medal...
ARMY | BCMR | CY2004 | 20040008015C070208
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. Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for an award of, or upgrading of, a decoration that would not otherwise be authorized based upon time limitations previously established by law. Therefore, the Board requests that the CMSD-St. Louis...
ARMY | BCMR | CY2004 | 20040008028C070208
The applicant’s military records are not available to the Board for review. Once the KWSM 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge and Army Good Conduct Medal; and by providing him a corrected separation document that reflects these changes.
ARMY | BCMR | CY2004 | 20040008030C070208
The applicant requests, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show award of the Purple Heart. The preponderance of evidence in this case shows that the applicant was wounded as a result of hostile actions on 30 September 1951 in Korea. The applicant's DD Form 214 shows award of the Korean Service Medal; however, it does not show award of the United Nations Service Medal.
ARMY | BCMR | CY2004 | 20040008032C070208
The applicant’s military records are not available to the Board for review. The available evidence in this case includes OTSG hospital admission record information contained in a NARA report that confirms the applicant was wounded in action and treated for his wounds while serving in Korea. Therefore, it would be appropriate to correct the applicant’s record to show he was wounded in action in Korea, and to award him the PH.
ARMY | BCMR | CY2004 | 20040008035C070208
The applicant states that the FSM was authorized a prior service enlistment bonus upon acquiring the "H" special qualification identifier (SQI). The advisory opinion noted that page two of the FSM's DA Form 3286-67 clearly states that an enlistment bonus was not applicable. As a result, the Board recommends that the 9 August 2001 USAR enlistment contract of the individual concerned be corrected by showing he was eligible for a prior service enlistment bonus of $2,500 and by paying that...
ARMY | BCMR | CY2004 | 20040008042C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 April 2005 DOCKET NUMBER: AR20040008042 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. Larry J. Olson | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 18 June 2001, the applicant was discharged with a bad conduct discharge pursuant to...
ARMY | BCMR | CY2004 | 20040008051C070208
The applicant states, in effect, that his DD Form 214 shows that he was separated under the authority of Army Regulation (AR) 635-40A. The applicant provides a. AR 635-89 (Personnel Separations – Homosexuality) has nothing to do with the applicant's separation.
ARMY | BCMR | CY2004 | 20040008063C070208
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. The applicant retired in 1977.
ARMY | BCMR | CY2004 | 20040008068C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 April 2005 DOCKET NUMBER: AR20040008068 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 undesirable discharge be upgraded to a general (under honorable conditions) discharge. The applicant states, in effect, he was told that his discharge would be automatically...
ARMY | BCMR | CY2004 | 20040008072C070208
The applicant applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 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...
ARMY | BCMR | CY2004 | 20040008079C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 April 2005 DOCKET NUMBER: AR20040008079 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 undesirable discharge be upgraded to a general (under honorable conditions) discharge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer...
ARMY | BCMR | CY2004 | 20040008088C070208
On 4 June 2004, the United States Army Physical Disability Agency (USAPDA) during its review of the applicant’s case, made an administrative change to the rating code to properly reflect that hip pain was the reason the applicant was unfit, not limitation of motion of the thigh/hip. This official indicates the applicant is requesting his hip rating be changed to reflect 20% under code 5252 and claims he received bad advice from his attorney which he based the acceptance of the reconsidered...
ARMY | BCMR | CY2004 | 20040008093C070208
The available evidence does support correcting the applicant's DD Form 214, issued on 31 October 1979 to show he was authorized award of: a. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the DD Form 214 issued to the applicant on 31 October 1979 to show award of: a.
ARMY | BCMR | CY2004 | 20040008097C070208
Lawrence Foster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. A Purple Heart certificate, dated 28 February 1991, indicates the applicant was awarded the Purple Heart for wounds received in action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she was awarded the Purple Heart for wounds received on 28 February 1991, the Kuwait Liberation...
ARMY | BCMR | CY2004 | 20040008110C070208
The applicant requests repayment of her student loans under the Student Loan Repayment Plan (SLRP) and payment of her enlistment bonus per her enlistment contract. The applicant states that after she enlisted, her bonus unit of assignment was deactivated and Soldiers were reassigned. Section III of the applicant's DA Form 5261-4-R (Student Loan Repayment Program Addendum) shows she contracted for assignment to the 8th Legal Support Organization, Team 3, Wichita, KS to serve in MOS 71D...
ARMY | BCMR | CY2004 | 20040008120C070208
The applicant requests, in three separate applications, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1979 be corrected: 1) in item 11 (Primary Specialty Number, Title and Years and Months in Specialty) to add 31542 Special Forces Qualified Infantry Officer, 3 years, 8 months and to change the entry for 35A to read 7 years and 5 months; 2) in item 2 (Department, Component and Branch) to change Military Police (MP) to Military...
ARMY | BCMR | CY2004 | 20040008131C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 July 2005 DOCKET NUMBER: AR20040008131 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. On 27 July 1971 the separation authority approved the applicant's discharge for the good of the service. He was discharged on 2 August 1971 for the good of the service.
ARMY | BCMR | CY2004 | 20040008134C070208
He surrendered to military authorities on 25 February 1977, nearly 8 years later. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The psychological evaluation, submitted by the applicant in support of his request, was conducted October 2004 and notes that the applicant “received a less than honorable discharge from the Army on 03/23/97” and that he was “seeking to have his discharge upgraded to at least a general discharge.” The physician...
ARMY | BCMR | CY2004 | 20040008135C070208
CONSIDERATION OF EVIDENCE: 1. The evidence of record clearly shows a period of AWOL from 25 January 1994 to 1 February 1994. In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2004 | 20040008140C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 July 2005 DOCKET NUMBER: AR2004008140 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. On 4 May 2000, GCM Order 44, issued by Headquarters, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, directed, Article 71c of the UCMJ having been complied with, that the BCD portion of the...
ARMY | BCMR | CY2004 | 20040008143C070208
The applicant requests that his records be corrected by removing duplicate orders authorizing award of the third and fourth Good Conduct Medals and the revocation orders for these duplicate orders. However, the retention of the duplicate orders for the awards and the orders revoking those orders in his permanent file might create an illusion that something improper occurred or result in confusion as to correct periods and dates of award of the Good Conduct Medals. The Board further...
ARMY | BCMR | CY2004 | 20040008144C070208
Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides that soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entrance on active duty or active duty training or initial entry training will be separated. Records show the applicant...
ARMY | BCMR | CY2004 | 20040008145C070208
Item 41 (Awards and Decorations) does not include the PH is the list of earned awards. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating while serving in the RVN. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the FSM’s entitlement to the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation...
ARMY | BCMR | CY2004 | 20040008158C070208
Brenda K. Koch | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record confirms the applicant received a BA Degree from the University of Colorado prior to his enlistment and entry on active duty in the RA, as confirmed by the HRC advisory opinion. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that at the time the individual...
ARMY | BCMR | CY2004 | 20040008159C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 August 2005 DOCKET NUMBER: AR20040008159 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. This DD Form 214 shows that, on 26 February 1958, he was separated under the provisions of Army Regulation 635-208, for unfitness with a UD.
ARMY | BCMR | CY2004 | 20040008163C070208
He further states that his appointment orders, Statement of Understanding, and PCS orders all indicated he was an AD CPT; and he wore the rank, received pay and served as a CPT for more than a year after he was appointed in the SP. On 1 December 2000, he was promoted to CPT in the MS, and he continued to serve on active duty in that rank and status until his appointment in the SP for training as a PA. 2. In view of the facts of this case, it would appropriate to correct the applicant’s...
ARMY | BCMR | CY2004 | 20040008168C070208
The applicant requests that a new separation document be issued showing that he has been permanently retired. The entries in item 23 and 28 on the applicant’s separation document are correct and the fact that he was subsequently permanently retired is not a basis to change the reason for his 1990 discharge from active duty. Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 March 1995; therefore, the time for the applicant to file...
ARMY | BCMR | CY2004 | 20040008170C070208
This action was in accordance with Article 71b, UCMJ (Title 10 U.S. Code 871); (e) The applicant’s application contains no evidence that he had requested voluntary excess leave as stated on his DD Form 149 (Application for Correction of Military Record), block 6; and (f) The applicant’s application included a two-page memorandum requesting a waiver to Army Regulation 190-47. While the REFRAD order was not a discharge or dismissal, it had the effect of preventing him from going on appellate...
ARMY | BCMR | CY2004 | 20040008179C070208
The applicant was advised that the guidance also imposed a time limit on requests for promotion reconsideration based on the pre-September 1999 Equal Opportunity promotion instructions. Specifically, the release date of the results for the promotion selection board, which considered but did not select the officer, must be within 6 years from the date that the affected officer submitted his request for promotion reconsideration to the U. S. Army Personnel Command (currently designated...
ARMY | BCMR | CY2004 | 20040008185C070208
Lawrence Foster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. While it is possible that the applicant did complete advanced individual training prior to being assigned to the Fitness Training Company the evidence shows that he did not serve at least 1 year in specialty 63S and as such, the entry in item 11 on his 2003 separation report would be correct.
ARMY | BCMR | CY2004 | 20040008189C070208
The attorney stated that the outstanding loan at the time of the applicant's enlistment was in good standing and that the information of record clearly shows that the applicant enlisted under the understanding that his loan met the requirements for repayment under the LRP. 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 officials processing you for enlistment as payable under the LRP...
ARMY | BCMR | CY2004 | 20040008191C070208
Leonard G. Hassell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's DD Form 214 should reflect that he received a second award of the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart; b. awarding him the Good Conduct Medal; and c. by showing that, in addition to the awards...
ARMY | BCMR | CY2004 | 20040008192C070208
Linda M. Barker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Incidents that result in Federal convictions are also recorded in databases over which the Board has no authority. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2004 | 20040008204C070208
| |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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)...