ARMY | BCMR | CY2004 | 2004100025C070208
The applicant requests that his 20 December 1999 discharge from the United States Army Reserve (USAR) be voided and that he be transferred to the Retired Reserve. The applicant states, in effect, that he was discharged from the USAR in 1999 because he had only 49 points, which was a mistake because he had 51 points, and he had already received his 20-year letter and should have been transferred to the Retired Reserve instead of being discharged. Officials at the HRC-SL opined that...
ARMY | BCMR | CY2004 | 2004100027C070208
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. On 30 August 1988, the applicant was notified by his commander that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, chapter 14, for misconduct, commission of a serious offense, cocaine. On 5 September 1988, the appropriate separation authority approved...
ARMY | BCMR | CY2004 | 2004100030C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The application submitted in this case is dated 30 September 2003. 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 | 2004100043C070208
Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214. There is no evidence, and the applicant provided none, to show that he was wounded in action while he served in Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Korean Service Medal, with three bronze...
ARMY | BCMR | CY2004 | 2004100047C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. It further states that members who have failed to meet body fat standards after applying the procedures in AR 600-9 (The Army Weight Control Program) will be separated under this chapter. The evidence of record includes Army Weight Control Program documents that confirm the applicant was provided counseling and ample opportunity over several months to conform to Army weight control standards.
ARMY | BCMR | CY2004 | 2004100052C070208
The applicant requests, in effect, that the Records of Proceedings under Article 15, dated December 1985 and August 1986 and, the Record of Supplementary Actions, dated August 1986, be removed from his restricted Fiche (R-Fiche), in his Official Military Personnel File (OMPF). The applicant received NJP, under the provisions of Article 15 of the UCMJ, on 1 August 1986, while he was serving in the rank and pay grade, Private, E-2, for committing an assault upon another Soldier on 26...
ARMY | BCMR | CY2004 | 2004100053C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that her enlistment contract be corrected to show that the term of service she enlisted for be changed from 3 years and 00 weeks to 4 years and 00 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing her DD Form 4/1, and her DD Form 4/3, to show her term of enlistment as 4...
ARMY | BCMR | CY2004 | 2004100056C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his enlistment contract be corrected to show that the term of service he enlisted for be changed from 6 years and 00 weeks to 8 years and 00 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the applicant’s term of enlistment from 6 years and 00 weeks to 8 years...
ARMY | BCMR | CY2004 | 2004100057C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his enlistment contract be corrected to show that the term of service he enlisted for be changed from 3 years and 00 weeks to 5 years and 00 weeks 2. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing her DD Form 4/3, to show his term of enlistment as 5 years and 00 weeks.
ARMY | BCMR | CY2004 | 2004100058C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. CONSIDERATION OF EVIDENCE: The applicant's request for correction of enlistment data, if approved by the Army Board for Correction of Military Records (ABCMR), results in a change to the applicant's enlistment grade. However, he was not authorized the pay grade of E-7.
ARMY | BCMR | CY2004 | 2004100059C070208
The applicant states, in effect, that corrections to her record directed by the Army Board for Correction of Military Records (ABCMR) on 17 September 1997 in Docket Number AC97-09353 were never accomplished. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by voiding her 4 September 1996 discharge and 7 April...
ARMY | BCMR | CY2004 | 2004100067C070208
It further provides that a surviving spouse eligible to receive RCSBP payments is the widow or widower who is married to the service member at the time of the member's death and who was married to the member at the time of his or her SBP election, was married to the FSM for at least 1 year prior to the death of the FSM or is the parent of a child born to a post- election marriage to the deceased member. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP...
ARMY | BCMR | CY2004 | 2004100069C070208
The applicant’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 this Board to add this foreign award to his DD Form 214. Inasmuch as the available evidence clearly shows that the applicant was in fact wounded in combat on 15 February 1951 and treatment for that wound was made a matter of record, it is reasonable to presume that the applicant was awarded the...
ARMY | BCMR | CY2004 | 2004100071C070208
A review of the applicant's Official Military Personnel File (OMPF) fails to show any evidence that the applicant ever served in Vietnam or that he was ever wounded. The documents submitted by the applicant from the War Department indicating that he was being sent the Purple Heart are not accepted as creditable evidence because they are not consistent with the facts. Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 March 1971;...
ARMY | BCMR | CY2004 | 2004100075C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The SGO Hospital Listing, provided by counsel, shows that the applicant received a battle injury in August 1944, while serving in the ETO. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing the entry "Northern France " in item 32 (Battle and Campaigns); and b. by showing in item 33 (Decorations and Citations)...
ARMY | BCMR | CY2004 | 2004100076C070208
The applicant requests, in effect, that he be awarded the Combat Infantryman Badge (CIB) and that the Anzio campaign be added to Item 32 (Battles and Campaigns), of his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge. He held an infantry MOS, he was assigned to an infantry unit, and that unit was engaged in extensive ground combat during World War II while the applicant was a member of the unit. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2004 | 2004100078C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 June 2004 DOCKET NUMBER: AR2004100078 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of...
ARMY | BCMR | CY2004 | 2004100079C070208
Linda D. Simmons | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Although his Somalia service in support of Operation Uphold Democracy entitled him to wear the SSI-FWTS on his uniform, the applicant is advised that the SSI-FWTS insignia is not an authorized award or decoration requiring a records or separation document entry. The Board determined that the evidence presented was sufficient to warrant a recommendation for...
ARMY | BCMR | CY2004 | 2004100092C070208
Counsel states that apparently at the same time the AR 15-6 report was being prepared, MG L___ ordered a second investigation into the administration of ODC Botswana. He had not previously received a copy of the CID report or the report of the AR 15-6 investigation. The DASEB determined, as regards transferring the GOMOR to his restricted fiche, that the applicant indicated little acceptance of responsibility or remorse for the misconduct as specified in the GOMOR; that no statements in...
ARMY | BCMR | CY2004 | 2004100094C070208
Army officers attending the AWC received BAH based on their new duty location regardless of where their families resided. The applicant states that informal discussions with the Army action officers indicated that the Army was unwilling to change its policy in the students' favor without a statutory change to Title 37, U. S. Code, regardless of the other Services' BAH policies. The advisory opinion went on to note that the Office of the Under Secretary of Defense published a policy on 26...
ARMY | BCMR | CY2004 | 2004100095C070208
Army officers attending the AWC received BAH based on their new duty location regardless of where their families resided. The applicant states that informal discussions with the Army action officers indicated that the Army was unwilling to change its policy in the students' favor without a statutory change to Title 37, U. S. Code, regardless of the other Services' BAH policies. The advisory opinion went on to note that the Office of the Under Secretary of Defense published a policy on 26...
ARMY | BCMR | CY2004 | 2004100096C070208
Army officers attending the AWC received BAH based on their new duty location regardless of where their families resided. The applicant states that informal discussions with the Army action officers indicated that the Army was unwilling to change its policy in the students' favor without a statutory change to Title 37, U. S. Code, regardless of the other Services' BAH policies. The advisory opinion went on to note that the Office of the Under Secretary of Defense published a policy on 26...
ARMY | BCMR | CY2004 | 2004100098C070208
The evidence of record shows that the applicant received a fragmentation wound to his left temple on about 21 June 1969; however, there is insufficient information (i.e., indisputable evidence that the wound was sustained while the applicant was actively engaged in combat with an armed enemy at the time he received the wound), upon which to base award of the Purple Heart for this injury. The rating decision made by the VA on 8 June 1971, which the applicant submitted to support his request...
ARMY | BCMR | CY2004 | 2004100100C070208
There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. There is no evidence of record which shows the applicant served in an infantry MOS or served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.
ARMY | BCMR | CY2004 | 2004100102C070208
Linda D. Simmons | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The opinion stated that: a. The applicant entered the Army's DEP on 26 January 1989 and entered active duty on 28 February 1989. c. Even though the applicant was discharged for erroneous enlistment, his DIEMS date remains the date he entered the Navy which is 5 June 1986. d. In order to qualify for the Career status Bonus/REDUX, a DIEMS date would have to be...
ARMY | BCMR | CY2004 | 2004100103C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant is also entitled to award of the National Defense Service Medal for his period of service in Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual concerned the Purple Heart for wounds received as a result of enemy action in Korea on 7 November 1951 and the Good Conduct Medal for...
ARMY | BCMR | CY2004 | 2004100104C070208
The applicant requests, in effect, that her record be corrected to show she enlisted in the Regular Army (RA) in the rank and pay grade of specialist/E-4 (SPC/E-4). It indicates a review of the applicant’s record revealed that she was erroneously accessed in the rank and pay grade of PFC/E-3 on 1 October 2002, but had in fact been promoted to SPC/E-4 on 15 September 2002, while a member of the USAR. In view of the facts of this case, it would be appropriate to correct the applicant’s...
ARMY | BCMR | CY2004 | 2004100107C070208
Counsel requests that the applicant's request for award of the Combat Infantryman Badge (CIB) be reconsidered. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2003088806 on 11 September 2003. On 11 September 2003, in ABCMR Docket Number AR2003088806, the Board denied the applicant's request for the CIB due to insufficient evidence...
ARMY | BCMR | CY2004 | 2004100108C070208
Ronald E. Blakely | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant also submits a copy of the “corrected” AER. In item 16, Comments, of the AER, it states, “Received the Commandant’s Physical Fitness Certificate for attaining 291 on the Army Physical Fitness Test.” The applicant also submits a copy of the certificate referenced in the “corrected” AER.
ARMY | BCMR | CY2004 | 2004100115C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s record shows that he served in the Army National Guard (ARNG) from 5 December 1987 through 31 January 1995. By regulation, the NDSM is only authorized for honorable active service and Reserve Component members are not authorized this award for short periods of active duty to complete training obligations.
ARMY | BCMR | CY2004 | 2004100116C070208
The evidence of record shows the applicant was appointed as a Medical Corps captain in the USAR on 2 June 2001. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he entered active duty on 15 June 2001 as a captain with 5 years, 2 months and 28 days of constructive credit.
ARMY | BCMR | CY2004 | 2004100120C070208
Army officers attending the AWC received BAH based on their new duty location regardless of where their families resided. The applicant states that informal discussions with the Army action officers indicated that the Army was unwilling to change its policy in the students' favor without a statutory change to Title 37, U. S. Code, regardless of the other Services' BAH policies. The advisory opinion went on to note that the Office of the Under Secretary of Defense published a policy on 26...
ARMY | BCMR | CY2004 | 2004100126C070208
In order to do that, he enlisted in the ARNG in May 2002 in pay grade E-4. The applicant’s husband enlisted in the ARNG on 28 January 1982, was promoted to pay grade E-5, and was honorably discharged from his enlisted status on 29 June 1984 due to his appointment as a second lieutenant the following day. As a result, the Board recommends that all Alabama Army National Guard records, the National Guard Bureau records, and the Department of the Army records of the individual concerned...
ARMY | BCMR | CY2004 | 2004100131C070208
All of the applicant’s military records are not available to the Board for review. Records show that the applicant's request for upgrade of his "blue" discharge was considered twice by Department of the Army Military Discharge Review Boards. Evidence shows that the applicant was properly and equitably discharged in accordance with the regulations in effect at the time and that the type of discharge directed and the reasons for separation were appropriate considering all of the facts of this case.
ARMY | BCMR | CY2004 | 2004100136C070208
The applicant states that informal discussions with the Army action officers indicated that the Army was unwilling to change its policy in the students' favor without a statutory change to Title 37, U. S. Code, regardless of the other Services' BAH policies. The advisory opinion went on to note that the Office of the Under Secretary of Defense published a policy on 26 June 2003 allowing the Service Secretaries a more flexible BAH policy when the members received PCS assignments of 12 months...
ARMY | BCMR | CY2004 | 2004100137C070208
Paragraph 7d of the applicant's DA Form 597-3 would have stated, "Under other disenrollment criteria established now or in the future by Army regulations, incorporated herein by reference…the Secretary of the Army or his or her designee may order me to active duty as an enlisted soldier for a period of not more than four years or, in lieu of being ordered to active duty, may require me to reimburse the United States through repayment of an amount of money, plus interest, equal to the entire...
ARMY | BCMR | CY2004 | 2004100142C070208
The report states: "Investigation did not develop sufficient evidence to prove or disprove [victim's] allegation that she was indecently assaulted by [applicant]. It states that any general officer is authorized to issue and direct the filing of reprimands in a soldier's OMPF. There is no information in the record concerning the circumstances behind the issuance of the subject GOMOR.
ARMY | BCMR | CY2004 | 2004100143C070208
By memorandum dated 16 June 2000, a Medical Duty Review Board (MDRB) on the applicant was requested. Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. It is noted that the applicant, for the most part, earned qualifying years for retirement after he was diagnosed with disc degeneration (degenerative disc disease) in 1997 and, on his last two NCOERs, his senior rater rated his...
ARMY | BCMR | CY2004 | 2004100144C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 August 2004 DOCKET NUMBER: AR2004100144 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. 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...
ARMY | BCMR | CY2004 | 2004100146C070208
Army Regulation 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 perform the duties of his or her office, grade, rank, or rating. The applicant’s military medical records show he was treated for the back condition for which he ultimately received a...
ARMY | BCMR | CY2004 | 2004100153C070208
The evidence of record shows that on 28 February 1975, the applicant consulted with counsel and submitted a request for discharge from the service under AR 635-200, Chapter 10, for the good of the service. There is no evidence that the applicant applied to the Army Discharge Review Board during its 15-year statute of limitations for an upgrade of his discharge. The evidence of record shows the applicant was charged with the commission of an offense punishable with a punitive discharge...
ARMY | BCMR | CY2004 | 2004100155C070208
The applicant provides the death certificate; a notification from the Defense Finance and Accounting Service (DFAS); a court reporter brief; written transcripts of the trial with a copy of tapes of the trial; the divorce decree; paperwork filed for a portion of retired pay and SBP annuity; Office of Personnel Management's 25 August 1986 acknowledgement for the paperwork sent for the court-ordered former spouse annuity; the request for deemed election; a 3 February 1997 acknowledgement of...
ARMY | BCMR | CY2004 | 2004100157C070208
Records show the applicant should have discovered the alleged error now under consideration on 30 April 1974; therefore, the time for the applicant to file a request for correction of any error expired on 29 April 1977. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he was awarded the...
ARMY | BCMR | CY2004 | 2004100158C070208
Although the applicant may have served as a courier in Vietnam, there was no MOS authorized for duties. However, 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 records of the individual concerned by awarding him the RVNGC w/Palm Unit Citation.
ARMY | BCMR | CY2004 | 2004100164C070208
The undated NATO award certificate indicates that the applicant was awarded the NATO Service Medal for operations in Kosovo for the period from 28 June 1999 through 12 December 1999. The evidence of record shows that the applicant participated in operations in Kosovo and is authorized the NATO Service Medal, the Armed Forces Service Medal, and the Kosovo Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2004 | 2004100168C070212
CONSIDERATION OF ADDITIONAL EVIDENCE: Information received in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002080795, dated 15 May 2003, indicates that service information contained in the original memorandum of consideration was extracted from the separation document pertaining to another individual and not the applicant. However, the applicant’s records can be administratively corrected to show entitlement to the Bronze Star...
ARMY | BCMR | CY2004 | 2004100169C070208
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. Therefore, absent evidence to show his service in Vietnam, there is no basis to correct his records to show his service is other than what is reflected on his DD Form 214. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2004 | 2004100172C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence shows the applicant served in SWA from 21 October 1990 through 7 April 1991. As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by showing his SWA service entitles him to the Southwest Asia Service Medal with 2 bronze service stars, Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait; and...
ARMY | BCMR | CY2004 | 2004100178C070208
The applicant, the son of a deceased former service member (FSM), requests, in effect, that the FSM be awarded the Purple Heart for a wound he received while in France during World War II. The FSM's Enlisted Record and Report of Separation, shows his entitlement to the European-African-Middle Eastern Campaign Medal; however, it does not show the service stars to which the FSM is entitled for his campaign participation. There is no evidence in the available records that the FSM sustained a...
ARMY | BCMR | CY2004 | 2004100182C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 August 2004 DOCKET NUMBER: AR2004100182 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 WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, with an effective date of 13 December 1945, shows in Item 33 (Decorations and Citations), that he was awarded the American...