ARMY | BCMR | CY2004 | 2004100363C070208
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 | 2004100370C070208
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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his WD AGO Form 53-55 to add award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the Army of Occupation Medal with Germany Clasp; and b. amending his...
ARMY | BCMR | CY2004 | 2004100372C070208
The applicant requests that his records be corrected by upgrading his discharge to honorable. The applicant’s DA Form 20 (enlisted Qualification Record), item 38 (Record of Assignments) shows his conduct and efficiency as unsatisfactory from 9 August 1967 to the date of his discharge. The applicant’s contention that he spent enough good service to warrant an honorable discharge is not supported by any evidence in the available records or any provided by the applicant.
ARMY | BCMR | CY2004 | 2004100377C070208
The memorandum advised that the reference to the requirement for Federal Recognition Board action was eliminated and promotion to CW2 would be based on administrative review of records, submission of promotion recommendation, and preparation of a request for Federal Recognition. This regulation specifies that a warrant officer must complete the minimum years of promotion service to attain eligibility for promotion and receive Federal Recognition in the higher grade. In May 2003, his...
ARMY | BCMR | CY2004 | 2004100381C070208
The applicant's rebuttal to the opinion again offered that the policy was unfair to former senior enlisted personnel who accepted selection for the PA program because former warrant officers are allowed to retire in the highest grade held. When his or her service (plus service on the retired list) totals 30 years, they may be advanced on the retired list to the highest commissioned grade in which he or she served satisfactorily on active duty. The applicant, with over 14 years of enlisted...
ARMY | BCMR | CY2004 | 2004100382C070208
Larry Bergquist | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that she be remitted her portion of the retired pay of her deceased former spouse, a former service member (FSM), that was paid to the Government for a tax levy against the FSM from September 1999 to June 2003. The FSM and the applicant divorced in 1981, prior to the effective date of the new law.
ARMY | BCMR | CY2004 | 2004100383C070208
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the Department of the Army or the Department of Veterans Affairs (VA) provide her retroactive survival benefits from 1973 until March 2001. The election form (VA Form 29-8286 or SGLV 8286) signed by the FSM, which is in his official records, is the official document used in the settlement and payment of the...
ARMY | BCMR | CY2004 | 2004100385C070208
The applicant requests (1), in effect, that his records be corrected to show he enlisted in the rank of sergeant in September 1941 and (2) a letter of regret from the Army concerning the unfair, unjust, and un-American treatment that his deceased former wife, a former service member, received from certain members of the U. S. Army Medical Corps. The applicant is requesting correction of alleged errors or injustices which occurred on 31 March 1953 (the date of the applicant's release...
ARMY | BCMR | CY2004 | 2004100389C070208
The applicant provided no medical documentation to support his contention that he was wounded in action and his request for award of 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 the applicant three bronze service stars, in addition to the one currently shown on his DD Form 214, in conjunction with his already- awarded Vietnam Service Medal, to denote his correct campaign...
ARMY | BCMR | CY2004 | 2004100391C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 April 2004 DOCKET NUMBER: AR2004100391 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 Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2004 | 2004100392C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 June 2004 DOCKET NUMBER: AR2004100392 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’s military records are not available to the Board for review.
ARMY | BCMR | CY2004 | 2004100394C070208
Thomas E. O'Shaughnessy, Jr. | |Member | 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. Further, while the WD AGO Form 100 provided by the applicant outlines his service as a Heavy Mortar Crewman in MOS 1607, this MOS is not included in the list of infantry MOSs that normally supported award of the CIB during WW II.
ARMY | BCMR | CY2004 | 2004100396C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 August 2004 DOCKET NUMBER: AR2004100396 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. Records show that remission of the sentence of the General Court-Martial resulted in a discharge date effective on or about 8 May 1965. Conviction and discharge were effected in accordance with applicable law and...
ARMY | BCMR | CY2004 | 2004100415C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 24 March 1973, the separation authority approved the applicant’s request for discharge and directed that he be issued an undesirable discharge. The applicant’s record of service included a bar to reenlistment, five nonjudicial punishments, two special court-martial convictions and 239 days of lost time.
ARMY | BCMR | CY2004 | 2004100433C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no indication 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. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad...
ARMY | BCMR | CY2004 | 2004100436C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Evidence of record shows the applicant was wounded in action on 15 November 1965 in Vietnam. 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 received in action on 15 November 1965 in Vietnam; and b. amending his DD Form 214 for the period ending 31 January 1978 to add award...
ARMY | BCMR | CY2004 | 2004100437C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 30 March 1982, the 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. The evidence of record confirms that the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service, in lieu of court-martial.
ARMY | BCMR | CY2004 | 2004100439C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The DD Form 214 on file confirms that on 23 September 1969, the applicant was separated with an UOTHC discharge under provisions of Army Regulation 635-212, by reason of unfitness.
ARMY | BCMR | CY2004 | 2004100445C070208
Yolanda Maldonado | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests the removal of orders from his Official Military Personnel File (OMPF) that awarded him the Ranger Tab effective 13 February 1996. The available evidence clearly establishes that the orders awarding him the Ranger Tab for completion of Ranger training were published before he completed the training and apparently were distributed...
ARMY | BCMR | CY2004 | 2004100453C070208
Army officers attending the AWC received BAH based on their new duty location regardless of where their families resided. 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 of less for PME. All of those who applied for the BAH location waiver were merely seeking the same BAH rate received by the Navy and...
ARMY | BCMR | CY2004 | 2004100454C070208
The applicant states that upon arrival at the AWC he learned that fellow Navy and Air Force students who had also elected to leave their families in the Washington, D.C. area were authorized by their respective services to retain BAH at the higher rate based on their family's location, not their present duty station. 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...
ARMY | BCMR | CY2004 | 2004100455C070208
Instead of suspending the debt until he came off active duty and counting his active time against his debt, they have been taking two-thirds of his active duty pay since August 2003. If the applicant fails to complete a 3-year period of active duty obligated as a result of his ROTC scholarship either voluntarily, because of misconduct, or because he is released from active duty before completing 3 years of active duty, his ROTC debt would be required to be recouped on a pro-rated basis. ...
ARMY | BCMR | CY2004 | 2004100456C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 31 January 1978, the commander initiated separation action on the applicant under the provisions of Army Regulation 635-200, chapter 5, expeditious discharge. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2004 | 2004100459C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 23 April 1969, the applicant's company commander initiated a request for discharge for unfitness under the provisions of Army Regulation 635-212 (Personnel Separations). However, his records show that he was convicted three times by special courts-martial and received three Article 15's during his military service.
ARMY | BCMR | CY2004 | 2004100462C070208
The applicant requests that his records be corrected to show that prior to his discharge, he was promoted to the rank of staff sergeant and that he be awarded all back pay and allowances due him. Counsel requests that the applicant be awarded the Prisoner of War (POW) Medal and that he be given consideration for promotion to staff sergeant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the individual...
ARMY | BCMR | CY2004 | 2004100465C070208
Linda M. Barker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the undesirable discharge of her deceased husband, a former service member (FSM) be upgraded to honorable. There is no indication 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.
ARMY | BCMR | CY2004 | 2004100467C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Raymond J. Wagner ______________________ CHAIRPERSON INDEX |CASE ID |AR2004100467 | |SUFFIX | | |RECON | | |DATE BOARDED |20040829 | |TYPE OF DISCHARGE |UOTHC | |DATE OF DISCHARGE |19860506 | |DISCHARGE AUTHORITY |AR 635-200, Chap 10 | |DISCHARGE REASON |A70.00 | |BOARD DECISION |(DENY) | |REVIEW AUTHORITY | | |ISSUES 1.
ARMY | BCMR | CY2004 | 2004100468C070208
On 9 July 1975, the Army Discharge Review Board (ADRB) denied the applicant's request for an honorable discharge. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. However, the separation authority determined that there was no "agreement" and that the undesirable discharge was appropriate and correct.
ARMY | BCMR | CY2004 | 2004100478C070208
On 29 January 1968, he was transferred to Vietnam where he was assigned to the 18th Aviation Company. While the applicant did serve two tours in Vietnam, the available records are silent in regards to any wounds/injuries the applicant may have received in Vietnam as a result of hostile action. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2004 | 2004100484C070208
RECORD OF PROCEEDINGS IN THE CASE OF BOARD DATE: 22 July 2004 DOCKET NUMBER: AR2004100484 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. On 14 January 1971, the applicant received nonjudicial punishment (NJP) under Article 15, UCMJ, for his 18 November...
ARMY | BCMR | CY2004 | 2004100485C070208
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 | 2004100487C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 10 January 1966 through 9 January 1968. 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 being wounded in action on 17 August...
ARMY | BCMR | CY2004 | 2004100489C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his 6 April 1991 DD Form 214 (Certificate of Release or Discharge From Active duty) be corrected to show he was called to active duty by order of the President. The applicant's 6 April 1991 DD Form 214 states, in the remarks section, that the applicant had completed the period of service for which he had been ordered to active duty.
ARMY | BCMR | CY2004 | 2004100490C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 15 November 1974, the applicant was discharged accordingly. The applicant’s contention that his discharge should be upgraded in order for him to receive medical benefits from the VA was carefully considered.
ARMY | BCMR | CY2004 | 2004100492C070208
The Board’s previous recommendation in this case (AR2002072409) on 28 January 2003 was for adjustment to the applicant's date of rank for major to 27 March 2000, the date he was assigned to a major's position. The evidence submitted shows the applicant was assigned to an Active Guard Reserve major's position effective 17 August 1999, in advance of his maximum time in grade (MTIG) date for promotion to major. BOARD VOTE: __sc___ __le____ ___lb___ GRANT RELIEF ________ ________ ________...
ARMY | BCMR | CY2004 | 2004100502C070208
The applicant provides a copy of her promotion board results, and documentation used to determine her number of promotion points. They conclude that the applicant’s unit commander did not recommend her for promotion until 12 May 2003, and based on that date, she should not have been considered by a promotion board until July 2003, and if recommended, integrated on the promotion list in July 2003, with eligibility for promotion on 1 September 2003. Army Regulation 600-8-19 (Enlisted...
ARMY | BCMR | CY2004 | 2004100503C070208
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 awarding him the first award of the Army Good Conduct Medal; by showing he is entitled to the Meritorious Unit...
ARMY | BCMR | CY2004 | 2004100510C070208
The applicant's military records show he enlisted in the Army on 18 October 1977 for a period of 3 years. On 3 December 1979, the separation authority approved the applicant’s request for discharge and directed that he be discharged for the good of the service under other than honorable conditions and furnished an Under Other Than Honorable Conditions Discharge Certificate. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for...
ARMY | BCMR | CY2004 | 2004100515C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The evidence of record shows the applicant submitted a statement in support of his request for a chapter 10 discharge in which he indicated that he had gone AWOL due to medical and family problems. The character of the discharge is commensurate with the applicant's overall record of military service.
ARMY | BCMR | CY2004 | 2004100519C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Accordingly, the applicant was discharged under other than honorable conditions on 29 June 1987 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2004 | 2004100521C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Accordingly, the applicant was discharged under other than honorable conditions on 2 October 1979 under the provisions of Army Regulation 635- 200, chapter 10, for the good of the service. The applicant’s record of service included one nonjudicial punishment and 276 days of lost time.
ARMY | BCMR | CY2004 | 2004100523C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's military personnel records show the applicant was inducted into the Army of the United States on 10 June 1970 for a period of 2 years and was assigned to Fort Jackson, South Carolina for basic combat training (BCT). Accordingly, on 21 June 1971, the applicant was discharged with a UD.
ARMY | BCMR | CY2004 | 2004100525C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record shows the applicant met the eligibility criteria for award of the Army Good Conduct 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 Army Good Conduct Medal for the period 19 May 1969 through 25 January 1972; and b. amending his DD Form 214 to add the Army Good Conduct...
ARMY | BCMR | CY2004 | 2004100555C070208
The applicant's DD Form 214 for the period ending 16 January 1966 shows the Armed Forces Expeditionary Medal for service in Vietnam as an authorized award. The applicant's DD Form 214 for the period ending 20 December 1969 shows the Armed Forces Expeditionary Medal for service in Vietnam as an authorized award. The applicant did not serve a period of qualifying service for award of the Vietnam Campaign Medal.
ARMY | BCMR | CY2004 | 2004100558C070208
The applicant requests, in effect, correction DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM), North Atlantic Treaty Organization (NATO) Medal and the Mechanic Badge. The Driver Mechanic Badge, if he can provide proof that shows has fulfilled the requirements of paragraph 4(b); and c. The NATO Medal, if he can show that he served under a NATO Commander or operational control in direct support of NATO and the dates...
ARMY | BCMR | CY2004 | 2004100560C070208
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to reflect his service in Bosnia from August 1998 to March 1999. The applicant's service records show that he was in Bosnia on 24 February 1999; however, there is no evidence available to show when he arrived in Bosnia or when he...
ARMY | BCMR | CY2004 | 2004100563C070208
The applicant’s military records are not available to the Board for review. The applicant's DD Form 214 does not show award of the Purple Heart, nor does it show any wounds received as a result of action with enemy forces in item 29. 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 add this foreign award to his DD Form 214.
ARMY | BCMR | CY2004 | 2004100565C070208
The applicant provides the following documents in support of his application: Separation Document (WD AGO 53-55), dated 13 January 1946; Separation Document (DD Form 214), dated 30 September 1969; Department of Veterans Affairs (VA) Rating Decision with Self-Authored Statement, dated 27 January 1999; and Medical Treatment Record, dated 17 November 2003. The record further shows the applicant served on active duty during the period November 1951 through September 1952 as a member of the...
ARMY | BCMR | CY2004 | 2004100572C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 16 May 1988, the commander of the 2nd Battalion, 10th Cavalry, approved the recommendation for discharge and directed that the applicant be issued a characterization of service discharge "under general conditions." Records show that the applicant had completed 9 months, and 23 days of active federal service at the time of his separation and had 11 days of lost time due to confinement.
ARMY | BCMR | CY2004 | 2004100584C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her discharge under other than honorable conditions be upgraded to honorable. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.