ARMY | BCMR | CY2004 | 2004100770C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 December 2004 DOCKET NUMBER: AR2004100770 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, in effect, reconsideration of his of earlier request to correct his record to show he was retired due to a physical disability with pay and benefits, in lieu of being discharged with a general...
ARMY | BCMR | CY2004 | 2004100771C070208
The applicant requests, in effect, that his records be corrected to show he was appointed to colonel (COL), O-6 effective with his execution of his oath of office, reaccession to active duty, and reporting to active duty. His active duty orders erroneously listed his rank as COL. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that he was appointed as a reserve commissioned officer as a COL effective 29 April...
ARMY | BCMR | CY2004 | 2004100780C070208
Jonathon K. Rost | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. This HRC promotion official states the applicant had not completed the PLDC requirement for promotion to SGT on 1 April 2003 and the promotion authority did not authorize his conditional promotion at that time. It further states that soldiers who have met a cut-off score and are otherwise qualified, but have not completed PLDC may be conditionally promoted...
ARMY | BCMR | CY2004 | 2004100782C070208
The applicant provides a description of the battle at Landing Zone Colt on 10 October 1967; his Silver Star orders; the Silver Star orders of the medic who treated him on 10 October 1967 a statement from the medic; a statement from another fellow soldier during the action on 10 October 1967; his Purple Heart citation for wounds received in November 1966; and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The evidence of record shows the applicant had...
ARMY | BCMR | CY2004 | 2004100783C070208
The applicant requests that his records be corrected by showing that he was honorably discharged. The applicant states that he received an honorable discharge, however it is not on his DD Form 214 (Certificate of Release or Discharge from Active Duty). There is no evidence in the available record nor did the applicant provide documentation to substantiate his claim that he had been issued an honorable discharge.
ARMY | BCMR | CY2004 | 2004100785C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 August 2004 DOCKET NUMBER: AR2004100785 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. He states he was a SGT/E-5 for four years and was medically discharged from the Army in 1991 and placed on the Retired List in the rank and pay grade of specialist/E-4 (SPC/E-4). The evidence of record confirms the...
ARMY | BCMR | CY2004 | 2004100787C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests 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.
ARMY | BCMR | CY2004 | 2004100793C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his discharge under other than honorable conditions be upgraded to honorable. 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 | 2004100798C070208
The unit commander also states the applicant was good at performing those duties that he was assigned most of the time and that there appeared to be nothing wrong with him physically or mentally. The applicant may have performed assigned tasks well most of the time, even so, his personal conduct and attitude rendered both his conduct and efficiency rating unsatisfactory and he received no awards. The Board concludes that the applicant has provided no evidence to establish a basis for the...
ARMY | BCMR | CY2004 | 2004100811C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action. By regulation, in order to support awarding the PH, there must be evidence a member was wounded/injured in action, was treated for the wound/injury by military medical personnel and a record of this medical treatment must have been made a matter of official record.
ARMY | BCMR | CY2004 | 2004100818C070212
The applicant requests that his under other than honorable conditions discharge (UOTHC) be upgraded to an honorable discharge. 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...
ARMY | BCMR | CY2004 | 2004100822C070208
The applicant provides his DD Form 214; DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty); and his original Board case (docket number AR2002078483 dated on 23 January 2003). The applicant's military personnel records were not available to the Board. DISCUSSION AND CONCLUSIONS: The available evidence of record shows the applicant completed training on 4 September 1963 and continued to serve on active duty, not in a training status, until he...
ARMY | BCMR | CY2004 | 2004100824C070212
The applicant requests that her date of rank (DOR) and effective date for promotion to the pay grade of E-7 be changed back to her original promotion date of 1 September 2000. The applicant states, in effect, that she was conditionally promoted to the pay grade of E-7 on 1 September 2000 and attended the Advanced Noncommissoned Officer Course (ANCOC) at Fort Jackson, South Carolina, on 8 April 2002. The Board determined that the evidence presented was sufficient to warrant a recommendation...
ARMY | BCMR | CY2004 | 2004100825C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 22 July 1968, the applicant requested discharge for physical disability after having been informed that, based upon the findings and recommendations of a medical board, he was considered to be unfit for retention by reason of a physical disability which had been found to have existed prior to his enlistment and which was neither incident to nor aggravated by his military service. The...
ARMY | BCMR | CY2004 | 2004100832C070208
Linda D. Simmons | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that he satisfactorily served as a SFC/E-7 on active duty and he requests that his rank and pay grade on the Retired List be corrected to reflect the highest grade he held and in which he served on active duty, which was SFC/E-7. In view of the facts of this case, it would be appropriate to correct the applicant’s record to...
ARMY | BCMR | CY2004 | 2004100834C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that he be advanced to the rank and grade of captain, O-3E (with over 4 years of enlisted service) on the retired list. There is no evidence of record to show he requested not to be advanced to the higher grade.
ARMY | BCMR | CY2004 | 2004100835C070208
The applicant was further advised that his separation under these provisions could result in his receiving an UOTHC discharge. On 22 January 1981, the applicant was discharged from the ARNG with an UOTHC discharge and transferred to the United States Army Reserve (USAR) to complete his remaining service obligation. The evidence of record confirms the applicant’s separation processing was conducted in accordance with the applicable law and regulations.
ARMY | BCMR | CY2004 | 2004100860C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 August 2004 DOCKET NUMBER: AR2004100860 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 REQUEST, STATEMENT, AND EVIDENCE: 1. The authority for the separation was paragraph 8-26(2), National Guard Regulation 600-200 and the reason for separation was misconduct, abuse of illegal drugs.
ARMY | BCMR | CY2004 | 2004100877C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. AR 672-5-1, in effect at the time of the applicant's separation, provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity, during a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding...
ARMY | BCMR | CY2004 | 2004100892C070208
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (all periods of service)), of his DD Form 214, shows he was awarded the: "National Defense Service Medal//Republic of Vietnam Campaign Medal, with 60 Device//Meritorious Unit Citation//Overseas Service Bars (4)//Combat Sp Skill with Dr Bar//Republic of Vietnam Cross Gallantry with Palm//Army Service Ribbon//Service Stripes-5//Good Conduct Medal 4th Award//Overseas Service Ribbon-1//Army Commendation...
ARMY | BCMR | CY2004 | 2004100910C070212
The applicant’s military records are not available to the Board for review. The fact that the unit reports note the applicant’s shell fragment wounds on the same document which discusses the unit’s involvement with enemy artillery, supports a conclusion that the applicant was in fact wounded as a result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds sustained...
ARMY | BCMR | CY2004 | 2004100926C070208
The applicant’s military records are not available to the Board for review. This case is being considered using reconstructed records that primarily consist of the separation documents provided by the applicant. There is no available evidence showing the applicant was qualified or recommended for promotion to SGT, or that he was ever selected for or promoted to this rank by a proper promotion authority.
ARMY | BCMR | CY2004 | 2004100935C070208
Leonard G. Hassell | |Member | 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 he enlisted for 4 years and 00 weeks instead of 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 showing that he enlisted in the Regular Army for a period of 4 years and...
ARMY | BCMR | CY2004 | 2004100936C070208
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 term of military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he enlisted in the Regular...
ARMY | BCMR | CY2004 | 2004100937C070208
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his term of enlistment listed on his DD Form 4/3 (Discharge from Delayed Entry/Enlistment Program (DEP) be corrected to 3 years and 17 weeks. 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 term of...
ARMY | BCMR | CY2004 | 2004100939C070208
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 term of military service. The applicant's enlistment contract (DD Form 4/1) erroneously shows his term of enlistment as 3 years and 00 weeks and his pay grade is incorrectly shown as E-13.
ARMY | BCMR | CY2004 | 2004100941C070208
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's DD Form 4/3, shows that she was discharged from the DEP and enlisted in the Regular Army for 4 years and 00 weeks. 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 term of military service.
ARMY | BCMR | CY2004 | 2004100947C070208
The applicant requests, in effect, that his record be corrected to show he entered the Army on 4 April 1944 vice 4 April 1945, as is currently listed on his separation document (WD AGO Form 53-55) and to show all awards and decorations to which he is entitled based on his Army service. The applicant’s military records are not available to the Board for review. The applicant’s claim of entitlement to the CIB was also carefully evaluated; however, by regulation, in order to support award of...
ARMY | BCMR | CY2004 | 2004100950C070208
The applicant states, in effect: a. as the record currently stands, the Army disbursed one installment in 2001 and two installments in 2002, rather than disbursing once in each year from 2001 to 2003 in repayment of her student loans which were eligible for repayment under the LRP enlistment incentive. The language in both Title 10, USC 2171, and that used in AR 601-210 and all applicable enlistment documents supports the applicant's contention that the third loan installment payment should...
ARMY | BCMR | CY2004 | 2004100952C070208
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Commendation Medal (ARCOM) with Oak Leaf Cluster and the Kosovo Campaign Medal. The DD Form 214 correctly shows his status upon leaving active duty and cannot be changed; that is why the US Army Physical Disability Agency is required to issue orders when changing a soldier's TDRL status. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2004 | 2004100953C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for the period 1 February 1971 through 6 April 1972 and adding this award to the applicant's DD Form 214; b. awarding the applicant three bronze stars to be affixed to his already-awarded Vietnam Service Medal, to denote...
ARMY | BCMR | CY2004 | 2004100961C070208
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. The evidence of record confirms that the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. In order to...
ARMY | BCMR | CY2004 | 2004100965C070208
However, the applicant’s request for this award can be considered under the provisions of Title 10, United States Code, Section 1130, which governs consideration of awards not submitted within time limits established by law. The applicant authenticated the WD AGO Form 53-55 in his own hand on the date of his discharge from the Army, attesting that the information recorded on the form was, to the best of his knowledge, accurate and complete. The entry showing award of the Purple Heart on...
ARMY | BCMR | CY2004 | 2004101000C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his undesirable discharge (UD) be upgraded to that of a honorable discharge. The DD Form 214 shows that, on 12 October 1973, he was separated with a UD for the good of the service- in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200, in pay grade E1.
ARMY | BCMR | CY2004 | 2004101027C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Effective 1 October 1979, the need to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment was ended. As a result, the Board recommends all Department of the Army Records of the individual concerned be corrected by: a. amending item 12d of his DD Form 214 for the period ending 31 January 1996 to show he had 3 years, 8 months, and 12 days of prior...
ARMY | BCMR | CY2004 | 2004101031C070208
The applicant is requesting correction of an alleged error which occurred on 28 October 1971, the date of his separation from active duty. On 28 October 1971, the applicant was separated under the provisions of chapter 10, Army Regulation 635-200 with a UD. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2004 | 2004101040C070208
Although the applicant's discharge "packet" is not available for review, his DD Form 214, Report or Transfer or Discharge, shows that he was discharged for the good of the service on 6 December 1971, in the rank and pay grade, Private, E-1, under the provisions of Army Regulation (AR) 635-200. There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The applicant's DD Form 214 indicates...
ARMY | BCMR | CY2004 | 2004101043C070208
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 AR2003088113 on 23 October 2003. Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained as a result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2004 | 2004101050C070208
In this case, the applicant’s request that the Board research historical flight records is not viable; however, a copy of his self-authored letter will be filed with this decisional document to provide his summary of his overseas service. The third letter of the applicant’s last name is actually “r”, as reflected in his military record. Given his military records document his correct last name and he clearly performed his military service under his correct last name, it would appropriate...
ARMY | BCMR | CY2004 | 2004101058C070208
On 22 November 1996, the Army Discharge Review Board (ADRB), after a careful and comprehensive review of his record, determined that the applicant’s discharge was proper and equitable and it voted to deny the applicant’s request for a change to the reason for his separation. 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. By regulation, the RE-4 code...
ARMY | BCMR | CY2004 | 2004101062C070208
The applicant was promoted to major with a date of rank and a promotion effective date of 19 July 2000. In an application to this Board dated 15 January 2002, the applicant requested that his records be corrected to show his effective date of rank to major as 1 July 1999. An officer selected by a mandatory promotion board that has a MTIG date before the approval date of the board, the officer’s promotion date and effective date will be no earlier than the date of approval of the mandatory...
ARMY | BCMR | CY2004 | 2004101066C070208
He also asks for removal of all documents or any references to fraudulent enlistment or fraudulent documents from all military records, including those held by the CAARNG and the Defense Security Service; and other relief the Board deems appropriate. These include the following: Exhibit 1 – 6 October 1997 CAARNG Orders 279-531 discharging the applicant from the ARNG and as a Reserve of the Army with a general discharge under the provisions of National Guard Regulation 600-200, paragraph...
ARMY | BCMR | CY2004 | 2004101068C070208
The applicant requests that she be placed on active duty medical evaluation (ADME) and that her military medical records be corrected to reflect the injuries, illnesses, and diseases that were not diagnosed during her active service. The applicant provides her service medical records; an application for ADME; a Department of Veterans Affairs (VA) Rating Decision; a VA magnetic resonance imaging (MRI) report; line of duty investigation reports; her DD Forms 214 (Certificate of Release or...
ARMY | BCMR | CY2004 | 2004101070C070208
The applicant states that they divorced in 1996. The applicant provided evidence to show she and the FSM lived together after their divorce; however, she provided insufficient evidence to show that she and the FSM were party to a common law marriage for SBP annuity purposes. Nevertheless, there is sufficient evidence to show that it was the FSM's intent to continue to provide the SBP for the applicant.
ARMY | BCMR | CY2004 | 2004101085C070208
On 13 August 1986, the unit commander counseled the applicant and notified him of his intent to initiate separation action under the provisions of chapter 11, Army Regulation 635-200 with an uncharacterized discharge for entry level performance and conduct. 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. Records show the applicant should have discovered...
ARMY | BCMR | CY2004 | 2004101086C070208
He was rated for pain and recommended for separation with a zero percent disability rating and severance pay. On 9 December 1998, a formal PEB found the applicant physically unfit for service due to chronic left knee pain with full range of motion and no medical evidence or instability and failure of x-rays and an MRI to disclose meniscus or ligamentous injury with disclosure of a small baker's cyst. Once a soldier is determined to be physically unfit for further military service,...
ARMY | BCMR | CY2004 | 2004101091C070208
The applicant's request for administrative discharge from the Army, in lieu of court martial, is not on file in the applicant's service personnel records for review. This review would establish the former service member’s right to request that the VA grant favorable action on a request for veteran benefits. As noted by the evidence of record, the applicant's request for administrative discharge from the Army, in lieu of court martial, is not on file in the applicant's service personnel...
ARMY | BCMR | CY2004 | 2004101112C070208
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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 submit a request for discharge for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY2004 | 2004101123C070208
On 6 October 2003, the applicant, a former MSG, enlisted in the Army Reserve as a sergeant first class (SFC), pay grade E-7, in military occupational specialty (MOS) 71L, administrative specialist. It notes that the applicant could have been authorized enlistment as a MSG, if a grade determination package had been submitted and such action was deemed appropriate. He states that "It is clear that SFC (applicant's name) was contacted by the Third Army, Office of the Staff Judge Advocate,...
ARMY | BCMR | CY2004 | 2004101125C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Contrary to the applicant's contention, the evidence of record shows that, on 20 June 1979, he acknowledged that he was advised as to his right to petition the Court of Military Appeals for a grant of review with respect to any matter of law within 30 days. The evidence of record also shows that, on 20 June 1979, he petitioned the U. S. Court of Military Appeals for review of his...