ARMY | BCMR | CY2004 | 2004100187C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 July 2004 DOCKET NUMBER: AR2004100187 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 Board considered the following evidence: Exhibit A - Application for correction of military records. Had the applicant been awarded the PH for the thigh injury he received two months earlier, these orders would have...
ARMY | BCMR | CY2004 | 2004100196C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 June 2004 DOCKET NUMBER: AR2004100196 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 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...
ARMY | BCMR | CY2004 | 2004100197C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 July 2004 DOCKET NUMBER: AR2004100197 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 submitted a copy of the FSM's pay account information, dated 6 December 1997, which shows that he elected SBP coverage for spouse and children. Public Law 99-661, dated 14 November 1986, permitted divorce...
ARMY | BCMR | CY2004 | 2004100199C070208
Although the applicant may have served in the capacity of a radio operator and body guard with infantry units on the three dates listed by the senior advisor in his recommendation for award of the CIB to the applicant, the applicant was assigned to an administrative specialist position, possessed the military occupational specialty of an administrative specialist and did not qualify for award of the CIB under any regulatory guidance in effect at the time. Evidence shows that the applicant’s...
ARMY | BCMR | CY2004 | 2004100203C070208
The applicant is requesting correction of an alleged error which occurred on 19 February 1971. The evidence of record as well as the evidence submitted by the applicant with his application fails to show that the applicant was wounded in action against the enemy on or about 10 July 1970. 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 period of 20 February 1969 to 19 February 1971, the...
ARMY | BCMR | CY2004 | 2004100208C070208
The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 28 March 1980. The ADRB denied his request on 17 July 1981. 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...
ARMY | BCMR | CY2004 | 2004100211C070208
The applicant states that he should have been granted 4 years constructive service credit for his PhD in nutrition because it definitely adds adjunctive skills to his qualifications and made him a more valuable asset to the Army. He also provided his certification card as a Registered Dietician showing a qualification period from 22 October 2003 to 31 August 2004, a copy of chapter 3 of Army Regulation 135- 101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical...
ARMY | BCMR | CY2004 | 2004100235C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 May 2004 DOCKET NUMBER: AR2004100235 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 Board considered the following evidence: Exhibit A - Application for correction of military records. He enlisted in the Regular Army on 21 October 1982 for a period of 3 years.
ARMY | BCMR | CY2004 | 2004100244C070208
John P. Infante | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Although the applicant was awarded the CIB, he is not entitled to be awarded the BSM based on being awarded the CIB because he served in Vietnam between 1967 and 1968. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he was awarded the RVNCM, and four bronze service stars for...
ARMY | BCMR | CY2004 | 2004100245C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's medical records indicate that on 12 July 1973, while on active duty for training, he sustained an injury to his shoulder. The commander indicated that the applicant was unable to work and that his record contained copies of 15 Letters of Instruction from the hospital, 15 certificates of injury, a request for active duty orders with 13 endorsements, and other documents...
ARMY | BCMR | CY2004 | 2004100246C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requested correction of his records to show award of the Bronze Star Medal. There are no orders or other evidence authorizing award of this decoration to the applicant.
ARMY | BCMR | CY2004 | 2004100249C070208
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part for award of the Driver and Mechanic Badge. The evidence of record shows the applicant was awarded the NATO Medal for service in support of Operation Joint Forge from 23 February 1999 to 20 September 1999. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by awarding him the GCMDL for the period 18 March 1998 to 16 January 2001; b. by showing he was...
ARMY | BCMR | CY2004 | 2004100254C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel from active duty. The applicant’s injury to his hand existed prior to his entering the military, and was not as a result of his military service, therefore he is not entitled to disability separation.
ARMY | BCMR | CY2004 | 2004100257C070208
The applicant requests that his records be corrected by upgrading his discharge to honorable. On 1 May 1985, the applicant was informed by his commander that he was initiating action to separate him from the service due to his conviction by a civil court, under the provisions of Army Regulation 635-200, Chapter 14. On 15 May 1985, the appropriate separation authority approved the applicant’s discharge under the provisions of Army Regulation 635-200, chapter 14, and directed the issuance of...
ARMY | BCMR | CY2004 | 2004100258C070208
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) should...
ARMY | BCMR | CY2004 | 2004100259C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 July 2004 DOCKET NUMBER: AR2004100259 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, and insufficient evidence presented by the applicant, to show that he was wounded or sustained an injury as a result of hostile action. Evidence shows that the applicant’s records contain...
ARMY | BCMR | CY2004 | 2004100262C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Therefore, it is appropriate to correct his record to show his entitlement to these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal, for his exemplary conduct in ground combat against an armed enemy while serving in the ETO from 20 October 1944 through 2 September...
ARMY | BCMR | CY2004 | 2004100264C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. U. S. Army Military Personnel Center, Letter Orders Number D9-285, dated 28 September 1975 states that the applicant would be released from active duty on 23 October 1975 and placed on the TDRL effective 24 October 1975. The fact that the 8 December 1975 7th Army Special Orders Number 342 show that he was released from active duty and placed on the TDRL effective 24 October 1975...
ARMY | BCMR | CY2004 | 2004100265C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 12 June 1961 the appropriate authority approved the recommendation for discharge and directed that the applicant be given an undesirable discharge. The evidence of record indicates the command attempted to assist the applicant in performing his duties and conducting himself according to Army standards by providing him counseling.
ARMY | BCMR | CY2004 | 2004100267C070208
Department of the Army BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508 RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: JUNE 29, 2004 DOCKET NUMBER : AR2004100267 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 Board considered the following evidence: Exhibit A - Application for correction of military...
ARMY | BCMR | CY2004 | 2004100270C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction of item 30 (Remarks) of his DD Form 214 (Report of Transfer or Discharge), dated 3 July 1972, to show the entry "Vietnam 1 September 1969 to 1 September 1970" instead of the entry "Vietnam 29 Dec 69 (29 December 1969) – 1 Sep 70 (1 September 1970)." Item 22c (Foreign or Sea Service) of the applicant’s DD Form 214, dated 28 December 1969, shows the entry...
ARMY | BCMR | CY2004 | 2004100271C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge without benefits or an entry level status uncharacterized discharge. The applicant's record of service shows he was AWOL for over 400 days.
ARMY | BCMR | CY2004 | 2004100274C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The appropriate authority approved the applicant’s request and directed that he be given a discharge UOTHC. 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 | 2004100275C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The VA Rating Decision is new evidence which will be considered by the Board. There is no evidence in the applicant's service personnel records to show he was wounded in action.
ARMY | BCMR | CY2004 | 2004100276C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. His records show that at the time that he submitted his request for discharge, he had charges pending against him for being AWOL. Records show the applicant should have discovered the alleged error or injustice now under consideration on 26 April 1996; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 25 April 1999.
ARMY | BCMR | CY2004 | 2004100278C070208
The applicant's NGB Form 22 (Report of Separation and Record Service) indicates the applicant was discharged from the KSARNG and as a Reserve of the Army on 8 May 1979 due to a physical disability. A MEB is convened to document a soldier's medical status and duty limitations insofar as duty is affected by the member's medical status; b. Soldiers who are incapacitated while in a duty status and cannot be returned to "normal military duties" should be evaluated by a physical evaluation board...
ARMY | BCMR | CY2004 | 2004100279C070208
In the Line of Duty memorandum to the Physical Disability Board, the CO went on to explain that the applicant was flagged due to failure to meet height and weight standards in accordance with Army Regulation 600-9 and that since his arrival at that unit, he had gained 33 pounds and his body fat increased from 22.43 percent to 28.58 percent. During the counseling session, the applicant was informed that if his conduct continued, action may be initiated to separate him from the Army under the...
ARMY | BCMR | CY2004 | 2004100280C070208
The applicant’s military records are not available to the Board for review. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. 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 of Occupation Medal with Germany Clasp.
ARMY | BCMR | CY2004 | 2004100281C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. Although the applicant was promoted to the rank of colonel in the USAR, he did not serve on active duty in that rank and thus is not entitled to either be retired in that rank or to have his DD...
ARMY | BCMR | CY2004 | 2004100288C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 August 2004 DOCKET NUMBER: AR2004100288 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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Combat Medical Badge, the Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross...
ARMY | BCMR | CY2004 | 2004100289C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his report of separation (DD Form 214) be corrected to reflect his correct rank, pay grade, awards and military occupational specialties (MOS). The evidence of record clearly shows that the applicant was serving in the rank and pay grade of SGT E-5, with a DOR of 1 May 2002, at the time of his REFRAD.
ARMY | BCMR | CY2004 | 2004100290C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The findings and sentence were approved on 18 February 1993, and the United States Army Court of Military Review on 29 July 1993 reassessed the sentence to affirm only so much as provides for a bad conduct discharge and confinement for 14 months. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is...
ARMY | BCMR | CY2004 | 2004100292C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides no evidence in support of his application. When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2004 | 2004100294C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.
ARMY | BCMR | CY2004 | 2004100306C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. 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...
ARMY | BCMR | CY2004 | 2004100307C070208
The applicant states, in effect, that he was awarded two Purple Hearts for combat induced injuries in Vietnam and that he received one for each tour in Vietnam. A review of the available records, to include the Vietnam Casualty Listing, fails to show any indication that the applicant was ever wounded/injured as a result of enemy action, that he was treated by medical personnel for such wounds or injuries or that he was awarded a Purple Heart. As a result, the Board further determined that...
ARMY | BCMR | CY2004 | 2004100316C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected by upgrading his discharge. The applicant’s DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) was accepted in the lieu of a DD Form 149 (Application for Correction of Military Record).
ARMY | BCMR | CY2004 | 2004100319C070208
The 6 December 2000 packet to the U. S. Army Cadet Command indicated she elected not to attend a board of officers "out of confusion on how to present her case and her severe depression." By letter dated 28 July 1997, the applicant was informed that her case had been reviewed at Headquarters, First Region, U. S. Army Cadet Command and it was determined that she was in breach of her scholarship contract based on her lack of interest in military training as evidenced by frequent absences from...
ARMY | BCMR | CY2004 | 2004100324C070208
However, his United States Army Reserve (USAR) Warrant Officer records contain an original copy of his DD Form 214, dated 20 September 1968. Although there is no evidence in the available records to show that the applicant was in fact awarded the Purple Heart, there is sufficient evidence to show that he was wounded in Vietnam while serving as a light weapons infantryman. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2004 | 2004100328C070208
There are no orders in the applicant's service personnel records to show that he was reclassified and held an infantry MOS while he served in Vietnam. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the units the applicant was assigned to were awarded the following awards as follows: a. Therefore, the Board requests that the CMSD-St. Louis...
ARMY | BCMR | CY2004 | 2004100330C070208
There is no evidence of record which shows that the applicant was wounded or treated for any injuries as a result of hostile action in Vietnam. Records show the applicant should have discovered the alleged error now under consideration on 28 February 1986; therefore, the time for the applicant to file a request for correction of any error expired on 27 February 1989. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to...
ARMY | BCMR | CY2004 | 2004100335C070208
The applicant states, in effect, that a change to the SPD code in question is necessary in order for the Defense Finance and Accounting Service (DFAS) to remit the debt he incurred based on his receipt of a Selective Reenlistment Bonus (SRB). The separation regulation further states that when it is determined that an enlistment is defective or cannot be fulfilled, a Regular Army soldier serving on a second or later enlistment, having been discharged from a previous enlistment before ETS to...
ARMY | BCMR | CY2004 | 2004100341C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the first award of the Good Conduct Medal for the period 19 September 1966 to 2 September...
ARMY | BCMR | CY2004 | 2004100344C070208
He stated that the applicant did not present any new or substantive information in his rebuttal to warrant an alteration of either the finding or the amount of liability ($508,660.00) as "determined by the legal review." c. When property that must be accounted for is issued to a property book account, the PBO receiving the property is charged with property book accountability. Fair market value is determined by first determining the condition of the item at the time of the loss or damage –...
ARMY | BCMR | CY2004 | 2004100346C070208
Section 12731a provided the temporary authority to grant non-regular retirement to members who completed at least 15, but less than 20 years of qualifying service during the period 23 October 1992 through 31 December 2001. The evidence of record confirms that the applicant was determined to be medically unfit for further military service. As a result, the records of the individual concerned should be corrected by issuing him a Notification of Eligibility for Retired Pay at Age 60 Letter...
ARMY | BCMR | CY2004 | 2004100347C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 October 2004 DOCKET NUMBER: AR2004100347 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 12 November 1976, the separation authority approved the applicant’s request for discharge and directed that he receive an undesirable discharge under the provisions of chapter 10, Army Regulation 635-200. Chapter...
ARMY | BCMR | CY2004 | 2004100351C070208
Richard Dunbar | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 28 August 2002, the Army Discharge Review Board denied the applicant’s request of an upgrade of his discharge. He was AWOL for 115 days and when he submitted his request for discharge, he indicated that he had no desire to perform further military service.
ARMY | BCMR | CY2004 | 2004100352C070208
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. As such, the applicant’s statement that he went AWOL because he wasn’t sent to basic combat training is insufficient to warrant upgrading the applicant’s UOTHC discharge to a general discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2004 | 2004100360C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is no indication in the applicant's military service records available for review that he was wounded as the result of hostile action, nor has the applicant provided any proof that he suffered from severe frostbite. There is no evidence in the available military personnel records to support the applicant's contention that he should be awarded the Purple Heart.
ARMY | BCMR | CY2004 | 2004100362C070208
Robert J. Osborn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In its original conclusions, the Board found that the evidence of record confirmed the applicant was promoted to the rank of sergeant (SGT) on 13 November 1968, but failed to show he was ever recommended for or promoted to SSG prior to his separation from active duty. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other...