ARMY | BCMR | CY2004 | 2004100591C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 635-200, in effect at that time, set forth the basic authority for the separation of enlisted personnel. Individuals discharged under this paragraph would be given an honorable discharge or a general discharge.
ARMY | BCMR | CY2004 | 2004100592C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 August 2004 DOCKET NUMBER: AR2004100592 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. 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. Although the Army Board for...
ARMY | BCMR | CY2004 | 2004100595C070208
The applicant requests, in effect, that clemency in the form of an honorable discharge or general discharge be granted. Evidence of record shows that clemency was granted on two separate occasions by the Secretary of the Army. The applicant’s record of service for his first enlistment included three nonjudicial punishments and one general court-martial conviction.
ARMY | BCMR | CY2004 | 2004100596C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 August 2004 DOCKET NUMBER: AR2004100596 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 DD Form 214, which was issued to the applicant when he was discharged from the Army, on 26 October 1973, reflects the last name, "C---- --r." All documents on file in the applicant's service personnel records, to...
ARMY | BCMR | CY2004 | 2004100599C070208
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 9 October 1970 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 9 October 1970 in Vietnam; and b. amending his DD Form 214 to add award of the Purple Heart and to show that he...
ARMY | BCMR | CY2004 | 2004100604C070208
He had served 1 year and 14 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal and the CIB. The evidence also shows that the applicant had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL. As a result, the...
ARMY | BCMR | CY2004 | 2004100608C070208
The applicant requests that his military records be corrected to reflect promotion to pay grade E-5 and all authorized medals and ribbons. Personnel records show that at Camp Stoneman the applicant was recommended for promotion to CPL/E-4. His DD Form 214 shows he was a PFC/E-3 and that he was awarded the National Defense Service Medal, the Korean Service Medal with 1 bronze service star, and the United Nations Service Medal.
ARMY | BCMR | CY2004 | 2004100613C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that item 19a (Mailing Address after Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show an address in Tucson, AZ (the address listed in items 8 and 14 of his DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U. S. Code, Section 1552) dated 10 October 2003). However,...
ARMY | BCMR | CY2004 | 2004100615C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Accordingly, the applicant was discharged on 7 June 1971 under the provisions of Army Regulation 635-200, chapter 10 for the good of the service with an undesirable discharge.
ARMY | BCMR | CY2004 | 2004100616C070208
The applicant’s military records are not available to the Board for review. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO and a silver service star is used in lieu of 5 bronze service stars; and a bronze arrowhead is authorized to denote assault landing credit. The evidence also confirms the applicant received two awards of the Bronze Star Medal.
ARMY | BCMR | CY2004 | 2004100618C070208
The applicant requests, in effect, that his discharge be upgraded. 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. As a result, the time for the applicant to file a request for correction of any error or injustice...
ARMY | BCMR | CY2004 | 2004100619C070208
The evidence of record shows that on 16 July 1975, the applicant consulted with counsel and submitted a request for discharge from the service under chapter 10, Army Regulation (AR) 635-200, for the good of the service. In the letter, dated 22 August 2003, addressed "To Whom It May Concern," submitted by the applicant's psychologist, in support of the applicant's request for an upgrade of the characterization of his discharge, he states that the applicant had been a patient for the...
ARMY | BCMR | CY2004 | 2004100624C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant has failed to submit evidence to show the record is in error or unjust and no evidence to show that his physical condition caused the misconduct for which he was separated.
ARMY | BCMR | CY2004 | 2004100635C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the application date for this case is 29 December 2003, which is within the statute of limitations for the Army Board for Correction of Military Records (ABCMR). The applicant's service personnel records contain two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods 16 September 1964 to 12 December 1965 and 13 December 1965 to...
ARMY | BCMR | CY2004 | 2004100643C070208
In the processing of this case, an advisory opinion was obtained from the US Army Human Resources Command – St. Louis which recommends that the applicant be granted relief by reinstating him to active status in the USAR, or giving him credit through 1 December 2002 – the anniversary of his 30th year of service and his MRD as a COL – and placing him in the Retired Reserve as a COL. In order to correct the injustice created by the applicant’s erroneous non-selection to COL and subsequent...
ARMY | BCMR | CY2004 | 2004100645C070208
The HRC stated that he was considered for promotion to colonel by the 2002 Department of the Army Reserve Components Selection Board and not recommended for promotion; however, it was determine that he had a basis for consideration by an SSB. In his rebuttal to the opinion, he states that in accordance with Army Regulation 135-155, paragraph 4-21, the promotion of an AGR officer who is selected for promotion by a SSB will be the same as if he had been recommended for promotion by the...
ARMY | BCMR | CY2004 | 2004100649C070208
Patrick McGann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction of item 12a (Date entered AD [Active Duty] This Period) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 13 April 1983; correction of item 12c (Net Active Service This Period) to show 20 years and 18 days; and correction of item 12d (Total Prior Active Service) to show the entry, "0000 00 00." ...
ARMY | BCMR | CY2004 | 2004100650C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s records were erroneously not considered for promotion to CW3 by the 2003 Reserve Components Selection Board and should now be submitted for appropriate special selection board consideration for this purpose. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.
ARMY | BCMR | CY2004 | 2004100655C070208
The evidence of record confirms the applicant was ordered to active duty in the rank and pay grade of PVT/E-1 under USACC SADP based on his breaching his SROTC contract. However, as indicated in the HRC advisory opinion, the enlistment regulation authorizes an entry rank and pay grade of PFC/E-3 to all enlistees who complete 48 or more semester hours at an accredited college or university prior to enlistment. Although the applicant’s entry grade was properly established based on the...
ARMY | BCMR | CY2004 | 2004100657C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.
ARMY | BCMR | CY2004 | 2004100659C070208
The applicant requests, in effect, the following corrections: removal of a general officer memorandum of reprimand (GOMOR), administrative separation board (ASB) proceedings and promotion flagging orders from his official military personnel file (OMPF); a change to the narrative reason for his discharge; promotion to lieutenant colonel with a date of rank of 15 August 2000 and back pay for 20 years; and issue of a Twenty-Year Letter, dated on or about 5 March 1999. The applicant states, in...
ARMY | BCMR | CY2004 | 2004100662C070208
This retirement official confirms that upon receiving his Twenty-Year Letter, the applicant completed his RCSBP election form by electing “Spouse Only” full coverage under Option C (Immediate Coverage). By law, children who became physically or mentally incapacitated while in an eligible status (under age 18, or over age 18, but under age 22 and still in school full time) are eligible to receive SBP benefits. In view of the facts of this case and given the HRC recommendation, it would be...
ARMY | BCMR | CY2004 | 2004100663C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On that form, he elected not to participate in the SBP. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he, his spouse, and the witness signed his DD Form 2656, in which he declined to participate in the SBP and his spouse concurred with his decision, on 1 March 2002 and the form was received by DFAS...
ARMY | BCMR | CY2004 | 2004100669C070208
The applicant requests, in effect, that her records be corrected to show she was promoted to major (MAJ) based on the criteria established by the 2003 Department of the Army (DA) MAJ Reserve Component Selection Board (RCSB). However, the HRC advisory opinion also indicated that a clarification regarding civilian education was received that indicated that an officer promoted to CPT prior to 1 October 1995 does not require a Baccalaureate Degree to be promoted to MAJ. As a result, since the...
ARMY | BCMR | CY2004 | 2004100675C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record shows he received excellent EERs, award of the Army Achievement Medal, and the second award of the Army Good Conduct Medal during the period of service under review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing he was discharged on 27 January 1986 with a general discharge in the...
ARMY | BCMR | CY2004 | 2004100676C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 1 February 1971, the separation authority approved the recommendation for separation and directed that the applicant be furnished an undesirable discharge. Evidence of record shows the applicant had two lengthy AWOL periods and only completed 5 months and 24 days of his 2-year obligation of active duty service.
ARMY | BCMR | CY2004 | 2004100678C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s WD AGO Form 53-55, which is authenticated in his own hand, does not show the Purple Heart as an authorized award. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2004 | 2004100679C070208
The applicant requests, in effect, that his WD AGO Form 53-98 (Military Record and Report of Separation) be corrected to show two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster), the Combat Infantryman Badge, and the Bronze Star Medal (based on award of the Combat Infantryman Badge). The applicant’s military records are not available to the Board for review. Therefore, the Board requests that the CMSD-St. Louis administratively correct the...
ARMY | BCMR | CY2004 | 2004100680C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that at the time of his commission he had been practicing as a doctor of Veterinary Medicine for 20 years and 11 months and according to the AMEDD website he should have been entitled to a higher grade than that of a new graduate. His DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 1 May 2002, shows that he was awarded 4...
ARMY | BCMR | CY2004 | 2004100681C070208
On 12 March 1980, he was involuntarily ordered to active duty for a period of 20 months and 29 days. However, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant, which shows that he was discharged under other than honorable conditions at Fort Riley, on 9 January 1981, under the provisions of Army Regulation 635-200, chapter 14, for unfitness due to his frequent involvement in incidents of a discreditable nature with...
ARMY | BCMR | CY2004 | 2004100684C070208
A review of the available records fails to show that the applicant was ever recommended for or promoted above the pay grade of E-4. There is no evidence in the available records to indicate that the applicant ever met the criteria of the applicable regulation in effect at the time to be promoted above the pay grade of E-4. The evidence of record contains no such recommendation and therefore there is no basis in which to grant the applicant's request for advancement to the pay grade of E-6.
ARMY | BCMR | CY2004 | 2004100685C070208
Soldiers promoted prior to or after the automatic promotion date require a DA Form 4187 and submission of a grade change transaction to be promoted. The evidence of record confirms that the applicant held the rank and pay grade of PV2/E-2 on the date of his REFRAD and that he was placed on the TDRL in this rank and pay grade, as evidenced by his retirement orders (Orders Number 130-0003) and the DD Form 214 he was issued on the date of his REFRAD, 30 June 2000. There is no information on...
ARMY | BCMR | CY2004 | 2004100686C070208
In a 27 June 2003 surgical follow-up report, the applicant's attending physician offered the opinion that the applicant's back condition had its onset with the injury recorded in 1992 and that the condition was exacerbated during the April 2001 APFT. The applicant's Noncommissioned Officers Evaluations Reports (NCOERs), for the reporting periods between December 1998 and April 2004, indicate that he successfully performed duties as a sergeant first class (SFC) and was recommended for...
ARMY | BCMR | CY2004 | 2004100687C070208
The applicant’s claim that the comments of the senior rater on the contested report are inconsistent with his rater’s evaluation and the supporting statements and evidence he provides were carefully considered. However, there is insufficient evidence to support amendment or removal of the OER in question. The senior rater supported the rater’s comments and also indicated the applicant had judgment problems beyond that stated in the contested report.
ARMY | BCMR | CY2004 | 2004100689C070208
The applicant requests, in effect, that the notification of his removal from the promotion selection list dated 26 June 2001 be removed from his Official Military Personnel File (OMPF). This memorandum was filed in the applicant's P- fiche and not in the R-fiche, as it should have been. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: transferring the Memorandum from the U.S. Total Army Personnel Command, which notified...
ARMY | BCMR | CY2004 | 2004100728C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, AHRC – St. Louis, Missouri, it was determined the applicant was erroneously not considered and is eligible for consideration for promotion to captain by a Special Selection Board (SSB) under the1992 through 2001 criteria as an omit. The Board determined that the evidence presented was...
ARMY | BCMR | CY2004 | 2004100729C070208
The applicant enlisted in the US Army Reserve, for 8 years, on 28 February 1996. The enlistment-related documents, which the applicant submitted and which require a date, show a variation of the date, 28 February 1996 (i.e., 96 FEB 28, 960228, 96/02/28) with exception of DA Form 5261-4-R, Student Loan Repayment Program Addendum, and DD Form 1966/2, Record of Military Processing – Armed Forces of the United States. Because the date on the Student Loan Repayment Program Addendum was...
ARMY | BCMR | CY2004 | 2004100735C070208
The applicant was found guilty and sentenced to confinement at hard labor for 3 months, forfeiture of $279.00 pay per month for 3 months, reduction to private/E-1, and a BCD. The Board is only empowered to change the severity of the sentence imposed in the court-martial process, and then only if clemency is determined to be appropriate. The evidence of record clearly shows that the applicant was adjudged guilty by court-martial and that the convening authority approved the sentence.
ARMY | BCMR | CY2004 | 2004100738C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 25 August 1989, the applicant’s unit commander notified him of pending separation action under the provisions of Army Regulation 635-200, paragraph 14-12a based on minor disciplinary infractions and advised him of his rights. There is no evidence of record which shows the applicant submitted a request for a hardship discharge or that he met the criteria for a hardship discharge.
ARMY | BCMR | CY2004 | 2004100740C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 April 2004 DOCKET NUMBER: AR2004100740 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. After further review of the applicant's record of service, it is evident that his quality of service was not...
ARMY | BCMR | CY2004 | 2004100742C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. The U.S. Court of Appeals, observing that applicants to the 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...
ARMY | BCMR | CY2004 | 2004100743C070208
The applicant requests that his undesirable discharge be changed to a medical discharge. On 21 July 1975, he went AWOL and remained absent until he was returned to military control at Fort Campbell, Kentucky, on 10 August 1975, where charges were preferred against him for the AWOL offenses. 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 conduct or...
ARMY | BCMR | CY2004 | 2004100746C070208
Paul Smith | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show: that he is 5 feet, 8 inches tall; that he was separated in the rank of staff sergeant; that he was a full time employee in the West Virginia Army National Guard; that he attended the Single Rotor Observation Helicopter Maintenance...
ARMY | BCMR | CY2004 | 2004100747C070208
Thomas E. O'Shaughnessy | |Member | 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. The applicant did not qualify for retirement under the temporary special retirement qualification authority of Title 10, U.S. Code, section 12731a as that authority provided...
ARMY | BCMR | CY2004 | 2004100748C070208
The applicant requests, in effect, that his undesirable discharge (UD) be upgraded to a general, under honorable conditions discharge (GD). On 23 November 1971, the applicant was discharged accordingly. The medical evidence provided by the applicant shows that he was treated for depression in September 1970 and that he indicated he suffered from depression and excessive worry in a medical history form completed during his separation processing.
ARMY | BCMR | CY2004 | 2004100750C070208
In support of his application, the applicant provided a self-authored letter which stated that he has served as a productive citizen for most of his adult life and the only blemish he has is his discharge under other than honorable conditions. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. The applicant's request for separation under provisions of chapter 10 of Army Regulation 635-200 for the good of the...
ARMY | BCMR | CY2004 | 2004100753C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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 commence on the date of final action by the ADRB. As a...
ARMY | BCMR | CY2004 | 2004100755C070208
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 | 2004100762C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 August 2004 DOCKET NUMBER: AR2004100762 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. 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. The records show the...
ARMY | BCMR | CY2004 | 2004100765C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 19 November 1981, the Army Discharge Review Board (ADRB) denied the applicant’s request for a general discharge. Section 1552(f), Title 10, United States Code states that the Army Board for Correction of Military Records can only review records of court- martial and related administrative records to correct a record to accurately reflect action taken by reviewing authorities under...