ARMY | BCMR | CY2004 | 20040009506C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 May 2005 DOCKET NUMBER: AR20040009506 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 requested correction of his records to show award of the Bronze Star Medal. This document shows that, at the time of the applicant’s assignment to the 300th Military Police Company it was awarded the...
ARMY | BCMR | CY2004 | 20040009508C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. However, insufficient evidence has been provided to support this claim. The evidence of record provides no indication the applicant suffered from a medically disqualifying condition that would have supported his separation processing through Army PDES at the time of his separation from active duty.
ARMY | BCMR | CY2004 | 20040009509C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2005 DOCKET NUMBER: AR20040009509 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. Marla J. N. Troup | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2004 | 20040009513C070208
He claims the applicant had complete confidence in the ability of Army recruiting officials to determine whether he lawfully could be appointed in the grade of COL. On 18 April 2001, the United States Army Recruiting Command (USAREC) Chief, Health Services, a COL, informed the applicant that based on his professional qualifications, he had been recommended for Reserve forces duty in the Army Medical Corps (MC) in the grade of COL. 2. The evidence of record confirms the applicant was...
ARMY | BCMR | CY2004 | 20040009514C070208
The applicant was no longer a member of the IRR and was told that the Army Reserve Personnel Command could promote him, but did not have the authority to back date his date of rank to 29 April 2002. The opinion acknowledged that the applicant did have a physical examination in July 1999, but stated that the applicant’s request did not include all the pages of the medical examination, and that he would have to provide proof that he was medically qualified and met the standard of the Army...
ARMY | BCMR | CY2004 | 20040009518C070208
There is no indication the applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade with that board's 15-year statute of limitations. 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. ...
ARMY | BCMR | CY2004 | 20040009519C070208
Michael Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant, the former spouse, requests, in effect, the records of her former husband, a former service member (FSM), be corrected to show he elected to participate in the Survivor Benefit Plan (SBP) for former spouse coverage. Since the FSM did not enroll in the SBP at the time of his retirement, the court was not permitted to order SBP coverage for the applicant.
ARMY | BCMR | CY2004 | 20040009524C070208
His record provides no medical treatment records indicating he suffered from a medical condition that rendered him unable to perform his military duties during his military service tenure. As a result, the VA determinations do not provide support for incapacitation pay, or medical retirement. Lacking any evidence of record, or independent evidence from the applicant, confirming the injuries he incurred in the line of duty during a 1979 parachute jump rendered him unfit to perform his...
ARMY | BCMR | CY2004 | 20040009526C070208
Carmen Duncan | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) for spouse coverage. The applicant married on 2 August 1998.
ARMY | BCMR | CY2004 | 20040009527C070208
The Office of Promotions, Reserve Components, Army Human Resource Command (AHRC) – St. Louis reviewed the applicant’s record and determined he was erroneously not considered for promotion to CW4 by the 2001 and 2002 RCSBs, and that he was eligible for consideration for promotion to CW4 by a Special Selection Board (SSB) under the 2001 and 2002 CW4 RCSB selection criteria. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. If selected for...
ARMY | BCMR | CY2004 | 20040009530C070208
The applicant requests, in effect, that the Survivor Benefit Plan (SBP) election of her deceased former spouse, a former service member (FSM), be changed to show former spouse coverage. The FSM and the applicant were divorced on 21 September 2000. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election.
ARMY | BCMR | CY2004 | 20040009536C070208
The FSM’s military records are not available to the Board for review. 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 the FSM’s DD Form 214. SGO Files show that the FSM was injured while in Korea.
ARMY | BCMR | CY2004 | 20040009539C070208
The applicant requests that a General Officer Memorandum of Reprimand (GOMOR) be expunged from his Official Military Personnel Record (OMPF). The applicant has not done this. The CID investigation was not conducted to determine whether the applicant had committed adultery or misused Government computers; it was conducted to investigate allegations of computer intrusion.
ARMY | BCMR | CY2004 | 20040009540C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 August 2005 DOCKET NUMBER: AR20040009540 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 commander advised the applicant of his right to have his case considered by a board officers; to appear in person before a board officers; to submit statements in his own behalf; to be represented by counsel; to...
ARMY | BCMR | CY2004 | 20040009541C070208
The applicant’s records contain a document, dated 1 November 1968 which shows that the applicant was medevaced on or about 22 September 1968. It states, in pertinent part, that a bronze service star is authorized for each Vietnam campaign a member is credited with participating in while serving in the Vietnam. Therefore his records should be corrected to show this award.
ARMY | BCMR | CY2004 | 20040009542C070208
Patrick McGann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The DD Form 4/1, of the applicant's enlistment contract, shows that he enlisted in the Army Reserve for 6 years and 00 weeks on 7 October 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his DD Form 4/1 to show his term of enlistment as 8 years and 00 weeks.
ARMY | BCMR | CY2004 | 20040009544C070208
The applicant states two other individuals who had completed ROTC and were accepted into the Internship program signed for 7 years on their application for active duty and a 7-year obligation was reflected on their orders. That office stated her original internship board application packet is no longer available but it appears information on her ROTC obligation was not provided to that office; therefore, her prior service obligation was not calculated into her total ADSO and not reflected...
ARMY | BCMR | CY2004 | 20040009547C070208
The HRC advisory opinion also advises the applicant has a SLFC loan in the amount of $24,605.63 that does not qualify for payment under the SLRP because the SLFC loans were not made, insured, or guaranteed under Title IV, Part B, D, or E of the High Education Act of 1965. 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...
ARMY | BCMR | CY2004 | 20040009549C070208
The applicant notes that the Board states he “would have been entitled to the Soldier’s Medal if [he] had been in the Horse Trailer” and points out that Sergeant W stated “at least eight or ten times” that he (the applicant) was in the trailer. The formal PEB granted him a 20 percent disability rating utilizing VASRD (Department of Veterans Affairs Schedule for Rating Disabilities) code 5295. The information in Sergeant W’s statement (statement number one) notes that the applicant, and...
ARMY | BCMR | CY2004 | 20040009550C070208
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he served in the rank of acting sergeant. Army Regulation 635-5 (Separation Documents) provides that the active duty grade or rank and pay grade at the time of separation will be entered on an individual’s DD Form 214. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2004 | 20040009556C070208
However, the applicant was a qualified infantryman serving in an infantry unit and as such was awarded the CIB. Based on the available evidence, the applicant was awarded the badge that was most appropriate to his qualifications at the time and there is no basis to grant him an additional award of the CMB that was clearly not authorized. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the GCMDL for the...
ARMY | BCMR | CY2004 | 20040009558C070208
The applicant requests that his undesirable discharge be upgraded to honorable. Accordingly, the applicant was discharged with an undesirable discharge on 14 August 1970 under the provisions of Army Regulation 635- 200, chapter 10, for the good of the service. The applicant's record of service included drug related offenses, four nonjudicial punishments and 56 days of lost time.
ARMY | BCMR | CY2004 | 20040009564C070208
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction of his records to show award of the National Defense Service Medal (NDSM) (2nd Award), the Global War On Terrorism Expeditionary Medal (GWOTEM), the Southwest Asia Service Medal (SWASM), the Armed Forces Expeditionary Medal (AFEM), the Kuwait Liberation Medal (KLM), and that his DD Form 214 (Certificate of Release or...
ARMY | BCMR | CY2004 | 20040009565C070208
The applicant requests that "Clerk" be removed from Block 25 (Education and Training Completed) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 31 January 1972. According to his DA Form 2-1 the applicant completed a Unit Clerk Course in 1988, however this course was conducted by the Army National Guard and the applicant was not on active duty. Records show the applicant should have discovered the error or injustice now under...
ARMY | BCMR | CY2004 | 20040009567C070208
This order is in the applicant's records and it shows the Purple Heart was awarded for action on 4 May 1970. Notwithstanding the citation in the award of the Bronze Star Medal with "V" Device indicating the applicant was wounded, the regulation requires other authenticating medical evidence to support award of the Purple Heart. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2004 | 20040009570C070208
On 27 February 1976, the separation authority approved the applicant’s request for discharge and directed that he receive an Undesirable Discharge Certificate. On 26 March 1976, the applicant was discharged accordingly. On 8 March 1984, 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.
ARMY | BCMR | CY2004 | 20040009571C070208
It directed that her appointment grade and date of rank; in addition, to all subsequent promotion dates and dates of rank, be adjusted based on the entry grade constructive credit changes authorized and that she be provided any back pay and allowances due as a result. The available records do not contain any copies of orders indicating a 6 May 2001 effective date of pay grade for promotion to colonel. The Board determined that the evidence presented was sufficient to warrant a...
ARMY | BCMR | CY2004 | 20040009573C070208
The applicant states he participated in many combat assaults in Vietnam in the 101st Airborne Division and that he received the Combat Infantryman Badge and the Air Medal. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty); a citation for the Air Medal; a certificate of training for the 101st Screaming Eagle Combat Leaders Course Class; a DD Form 215 (Correction to DD Form 214), dated 3 October 1974; a DD Form 215, dated 21 August 2002; two photographs...
ARMY | BCMR | CY2004 | 20040009580C070208
d. A copy of US Army Human Resources Command (HRC) – St. Louis, Missouri, dated 16 June 2004, subject: Promotion as a Reserve Commissioned Warrant Officer of the Army, showing an effective date of promotion of 16 June 2004, with a date of rank of 5 August 2003 (sic). The applicant required a valid security clearance in order to be promoted to CW3. The applicant has provided no evidence, nor does the record show that he obtained a valid final security clearance on or before 5 August 2003.
ARMY | BCMR | CY2004 | 20040009585C070208
The applicant provides an award certificate for the Meritorious Service Medal and a letter from the National Personnel Records Center in support of his application. There are no orders in the available records authorizing award of the Meritorious Service Medal 8. Therefore, the applicant’s records should be corrected to show award of the Meritorious Service Medal.
ARMY | BCMR | CY2004 | 20040009588C070208
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. On 3 November 2004 the Army Discharge Review Board denied the applicant's petition to change the narrative reason for his discharge. Although the applicant argues there is no evidence of behavior consistent with the basis for his separation, he has presented no evidence which supports that argument.
ARMY | BCMR | CY2004 | 20040009590C070208
The applicant requests, in effect, award of the Purple Heart (PH) and that his military records are corrected to show this award. The applicant provides, in support of his application, a copy of his separation document (DD Form 214), effective 16 February 1953, and a Department of Veterans Affairs rating decision, dated 2 September 2004 and 8 September 2004. However, there is no documentation available in the applicant’s military record, nor does he provide any documentation which...
ARMY | BCMR | CY2004 | 20040009591C070208
As the widow of a former service member (FSM), the applicant requests she be given benefits under the Reserve Component Survivor Benefit Plan (RCSBP). A letter from the SCARNG, dated 20 October 2004, stating the FSM qualified for non-regular retirement on 22 August 1983. The SCARNG, in a letter dated 20 October 2004, confirms the FSM qualified for non-regular retirement on 22 August 1983 and was honorably discharged from the SCARNG and transferred to the US Army Reserve (USAR) Retired...
ARMY | BCMR | CY2004 | 20040009592C070208
He states that he was never awarded the PH for these injuries. The applicant provides, in support of his application, a copy of his separation document (WD AGO 53-98), effective 10 September 1946, and a Department of Veterans Affairs rating decision, dated 15 September 2004. Further, there are no orders or documents on file that show the applicant was ever wounded, injured in action or awarded the PH and the applicant provides no such documents.
ARMY | BCMR | CY2004 | 20040009596C070208
In the statement he indicated that he had served honorably for 15 years and that he had always done his best at whatever he was assigned. Accordingly, on 17 October 1986, the applicant was discharged, under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. A review of the available records fails to show that the applicant ever applied to the Army Discharge Review Board for an upgrade...
ARMY | BCMR | CY2004 | 20040009598C070208
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides in support of his request a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), a Separation Qualification Record, and three medical documents, dated 4 and 11 October 1944. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Correcting...
ARMY | BCMR | CY2004 | 20040009606C070208
In the original Proceedings in this case – ABCMR Docket Number AR2000048106, dated 15 March 2001 – the Board sought to pay the applicant, at the time of his disability retirement, 94.5 days of accrued leave in excess of the 60 days permitted by law and regulation and already paid to him. Because the Board's action returned him to active duty, the DVA could not pay him disability compensation and a collection action was initiated in the amount of $16,395.00. Void the recommendation of the...
ARMY | BCMR | CY2004 | 20040009615C070208
The applicant requests non-regular retirement from the US Army Reserve (USAR). The applicant provides: a. He was honorably separated and transferred to the USAR on 20 June 1969 with 1 year, 11 months, and 29 days of active Federal service.
ARMY | BCMR | CY2004 | 20040009626C070208
The applicant requests, in effect, that his recommended disability percentage be increased from 20 percent to a higher percentage on his 7 May 2004 physical evaluation board (PEB). Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably...
ARMY | BCMR | CY2004 | 20040009627C070208
The applicant provides a copy of his 26 December 1974 DD Form 214 (Certificate of Release or Discharge from Active Duty). On 13 January 1982 his discharge was upgraded by the Army Discharge Review Board to “Under Honorable Conditions.” His DD Form 214 shows award of the Army Commendation Medal, but not with “V” device. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Republic of Vietnam Gallantry...
ARMY | BCMR | CY2004 | 20040009629C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 August 2005 DOCKET NUMBER: AR20040009629 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 states he does not have a copy of his reenlistment contract, but he provides evidence to show he served in the ARNG. This document shows the applicant was separated with a general, under honorable...
ARMY | BCMR | CY2004 | 20040009630C070208
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his military occupational specialty (MOS) as "door gunner." The evidence of record shows the applicant served as a door gunner aboard UH-1H helicopters in Vietnam from 18 February to 14 July 1970. Even if regulations had permitted a duty MOS to be entered on DD Form 214, there was no MOS for door gunners.
ARMY | BCMR | CY2004 | 20040009633C070208
The applicant provides the following documents in support of his application: Self-Authored Statement, Separation Document (DD Form 214), Letter of Appreciation, and Enlisted Evaluation Report (DA Form 2166-5). There is no indication in the record that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations. The applicant’s contention that his overall record of good service supports an upgrade of his...
ARMY | BCMR | CY2004 | 20040009646C070208
The applicant requests, in effect, correction of his military records to show award of the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, four bronze service stars to be affixed to the Vietnam Service Medal, and one or two awards of the Overseas Service Bar. The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service...
ARMY | BCMR | CY2004 | 20040009653C070208
Kenneth Lapin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. ____ John Slone______________ CHAIRPERSON INDEX |CASE ID |AR20040009653 | |SUFFIX | | |RECON |YYYYMMDD | |DATE BOARDED |19740516 | |TYPE OF DISCHARGE |(UD) | |DATE OF...
ARMY | BCMR | CY2004 | 20040009657C070208
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 March 2004 to show his deployment to Kuwait from 22 May 2003 to 6 June 2003. Army Regulation 635-5 directs that for a Reserve soldier ordered to active duty and deployed to a foreign country, the period of active service will be reported in item 18 (Remarks) of the DD Form 214 with the statements: (1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER...
ARMY | BCMR | CY2004 | 20040009660C070208
The applicant requests correction of his records to show award of the Vietnam Service Medal and any other award he is authorized. The evidence of record confirms that the applicant served in Vietnam and so he is eligible for award of the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Campaign Medal with/device 1960. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2004 | 20040009663C070208
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge From Active Duty) to show the second award of the Good Conduct Medal, the Korea Defense Service Medal, and a third award of the Army Commendation Medal. Evidence of record shows the applicant is entitled to the Korea Defense Service Medal. There is no evidence, and the applicant has not provided any evidence, that shows he received a third award of the Army Commendation Medal.
ARMY | BCMR | CY2004 | 20040009674C070208
The FSM’s military records are not available to the Board for review. There are no orders in the FSM’s service personnel records which show that he was awarded the Purple Heart. 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 for wounds sustained on 21 December 1944; and b. amending his WD AGO Form 53-55 to show award of the Purple Heart, the Bronze Star Medal, and the World War II...
ARMY | BCMR | CY2004 | 20040009675C070208
The applicant requests that the award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant states he should have been awarded the Purple Heart for shrapnel wounds to his right arm that occurred on 4 April 1968 in Vietnam. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which is not correctly shown by award of four bronze service stars for wear on...