ARMY | BCMR | CY2004 | 2004101130C070208
The applicant’s military records are not available to the Board for review. Although it is clear the applicant performed duties as a 1SG, as evidenced by the WD AGO Form 100 entries, performing duties in a higher rank alone does not automatically translate in a promotion to that rank. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2004 | 2004101136C070208
The ROTC contract also provided for and he agreed that, his disenrollment would, at the option of the Army, result either in his being ordered to active duty or that he repay the amount received. In addition to the monthly monetary educational benefits given to soldiers who participated in the MGIB, the Services could also provide a “kicker” in the form of the college fund, which was a set amount of money which was determined by the length of an enlistment. In an advisory opinion, the U....
ARMY | BCMR | CY2004 | 2004101138C070208
Army Regulation 600-4 provides instructions for submitting and processing applications for remission or cancellation of indebtedness to the United States Army. The applicant’s request for cancellation or remission of the debt he incurred as a result of a shipment of excess weight was carefully considered. The evidence of record confirms the applicant’s HHG shipment exceeded his authorized weight allowance.
ARMY | BCMR | CY2004 | 2004101145C070208
The SPD code of KBK is the appropriate code to assign soldiers who are ineligible to reenlist or soldiers with a Declination of Continued Service Statement in force at the time of discharge at the completion of their enlistment. 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. The Board determined that the evidence presented was sufficient to warrant a...
ARMY | BCMR | CY2004 | 2004101168C070208
The applicant’s military records are not available to the Board for review. His WD AGO Form 53-55 shows he participated in three campaigns and that he was awarded the Combat Infantryman Badge, the Purple Heart (based on Headquarters, 8th Armored Division General Orders Number 23 dated 2 May 1945), the Army Good Conduct Medal, the EAMETO Medal (currently designated the European-African-Middle Eastern Campaign Medal), the American Theater of Operations Medal (currently designated the...
ARMY | BCMR | CY2004 | 2004101187C070208
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, an adjustment to the constructive service credit granted upon appointment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing her 1LT date of rank is 27 July 2000 based on the constructive service credit she was awarded by the corrected DA Form...
ARMY | BCMR | CY2004 | 2004101189C070208
The applicant’s military records are not available to the Board. The Reasons for Decision also noted that his service medical records showed that his asthma was considered to be stable by the time he was separated. On 30 July 2002, the ABCMR considered the applicant's request to correct his records to show his correct date of birth, to show that he completed basic training and advanced individual training, that "fraudulent" changes made to his health and dental records be corrected; that...
ARMY | BCMR | CY2004 | 2004101192C070208
It is noted that the applicant received a center of mass rating during his first rating period as a recruiting battalion commander. The applicant's contentions concerning his performance as a recruiting battalion commander as compared to the other battalion commanders rated by his SR are noted. The SR had to evaluate the applicant against all those 35 officers, not just the other battalion commanders.
ARMY | BCMR | CY2004 | 2004101196C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was separated on 25 April 1985 under the name of Dwayne M. W___. He should provide a copy of this Board action to the Department of Veterans Affairs to show that, while the Army finds no basis for changing his records, it accepts the birth certificate as evidence that Dwayne M. W___ and Willie C....
ARMY | BCMR | CY2004 | 2004101238C070208
On 28 December 1999, an informal PEB found the applicant to be physically unfit and recommended his separation with severance pay with a zero percent disability rating. On 24 January 2000, the applicant completed the reverse of the DA Form 199 and indicated that he concurred with the findings and recommendation of the informal PEB and waived a formal hearing of his case. Title 10, U. S. Code, section 1203, provides for the physical disability separation of a member who has less than 20...
ARMY | BCMR | CY2004 | 2004101280C070208
The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for campaign participation. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal. As a result, the...
ARMY | BCMR | CY2004 | 2004101307C070208
On 19 May 1997, the Army Discharge Review Board denied the applicant’s request for a change in the characterization of his discharge. The Certificate of Release or Discharge (DD Form 214) that he was furnished at the time of his discharge from active duty indicates that on 5 April 2000, he was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. The applicant has now...
ARMY | BCMR | CY2004 | 2004101321C070208
The applicant continues that her initial Federal Recognition packet was never processed by the National Guard Bureau (NGB) and since her initial Federal Recognition packet was not processed by the NGB, her temporary Federal Recognition expired and therefore, she could not be timely promoted. If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the grade and branch in which the member is...
ARMY | BCMR | CY2004 | 2004101328C070208
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM) with one bronze service star, Vietnam Campaign Medal with 60 Device and the Vietnamese Unit Award [correctly known as the Vietnam Gallantry Cross Unit Citation with Palm or the Vietnam Civil Actions Honor Medal, First Class]. The applicant is authorized award of two OSB's for...
ARMY | BCMR | CY2004 | 2004101333C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2004 DOCKET NUMBER: AR2004101333 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. Melvin H. Meyer | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. It also shows that upon his discharge from the Iowa ARNG on 20 March 1978, at the...
ARMY | BCMR | CY2004 | 2004101337C070208
The applicant requests, in effect, removal of an Officer Evaluation Report (OER), dated 15 November 1992, from his Official Military Personnel File (OMPF). The applicant provides a statement from an active duty major general, who was the official who directed the applicant’s relief for cause and the senior rater on the contested OER. Paragraph 6-6 of the OER regulation contains the policies for submitting an appeal to an OER.
ARMY | BCMR | CY2004 | 2004101339C070208
The applicant requests, in effect, that her current active duty commitment and service in the United States Air Force (USAF) be accepted in lieu of the repayment of her Senior Reserve Officers’ Training Corps (SROTC) scholarship debt. The evidence available shows that on 21 September 1999, the applicant enrolled in the United States Army Reserve for 8 years and as a cadet in the SROTC scholarship program commencing the year 1999-2003. On 30 April 2002, Headquarters, United States Army...
ARMY | BCMR | CY2004 | 2004101343C070208
Linda D. Simmons | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. His DD Form 214 indicates that he was discharged on 5 November 2003, under the provisions of Army Regulation 635-40, chapter 5, by reason of a disability that existed prior to service. Army Regulation 635-40 establishes the Army Physical Disability Evaluation System according to the provisions of chapter 61, title 10, United States Code (10 USC 61) and...
ARMY | BCMR | CY2004 | 2004101353C070208
Counsel states that the applicant requested his case be heard by a formal Physical Evaluation Board (PEB) and that he be retired by reason of disability due to both chronic leukemia and hypothyroidism. Counsel provides the DA Form 199 (Physical Evaluation Board (PEB) Proceedings) for the formal PEB and related formal PEB documents; the applicant's appeal of the PEB findings; the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty); an extract from the Merck Manual...
ARMY | BCMR | CY2004 | 2004101381C070208
Accordingly, on 16 December 1986, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 3, as a result of a duly reviewed and affirmed special court-martial conviction. A review of the available records fails to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. Records show the applicant should have discovered the alleged error or injustice now under...
ARMY | BCMR | CY2004 | 2004101383C070208
On 1 August 1980, the separation authority approved the applicant’s request for discharge and directed that he receive an UOTHC discharge. On 14 August 1980, the applicant was discharged accordingly. _ JOHN N. SLOANE____ CHAIRPERSON INDEX |CASE ID |AR2004101383 | |SUFFIX | | |RECON | | |DATE BOARDED |2004/08/DD | |TYPE OF DISCHARGE |UOTHC | |DATE OF DISCHARGE |1980/08/14 | |DISCHARGE AUTHORITY |AR 635-200 C10 | |DISCHARGE REASON |In Lieu of CM | |BOARD DECISION |DENY | |REVIEW AUTHORITY |...
ARMY | BCMR | CY2004 | 2004101402C070208
The applicant requests that his discharge certificate be corrected to show his Korean service and that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be amended to show he was wounded in Korea and to show all his awards. The applicant's discharge certificate shows he was discharged from the Armed Forces of the United States 23 December 1953. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply...
ARMY | BCMR | CY2004 | 2004101410C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 October 2004 DOCKET NUMBER: AR2004101410 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 11 October 1982, the applicant's unit commander recommended approval of the applicant's request with a UOTHC discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was...
ARMY | BCMR | CY2004 | 2004101412C070208
The applicant requests correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. At the conclusion of the investigation the IO determined that of the seven allegations presented by the applicant in his request for a Commander’s Inquiry, only one of the allegations had any validity in that the results of the 29 November 1995, investigation were not referred. On 7 November 1997, the United States Army Enlisted Records and Evaluation...
ARMY | BCMR | CY2004 | 2004101422C070208
The applicant requests award of the Combat Infantryman Badge (CIB). The applicant states that he was awarded the Expert Infantryman Badge (EIB). However, OSS was not an infantry unit.
ARMY | BCMR | CY2004 | 2004101424C070208
The applicant requests, in effect, that the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Good Conduct Medal; and the Air Assault Badge, be added to his DD Form 214, Report of Transfer or Discharge. The applicant states, in effect, that his unit was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; he was told that he was eligible for award of the Good Conduct Medal and the Air Assault Badge. The Good Conduct Medal; the Republic of...
ARMY | BCMR | CY2004 | 2004101425C070208
The applicant provides in support of this application: a one-page self- authored statement; a DA FORM 71 (Oath of Officer-Military Personnel), dated 21 February 2002; a NGB Form 337 (Oath of Office), dated 16 March 2002; a 21 February 2002 Notice of Appointment as a Reserve Commissioned Officer; a 21 February 2002 certificate of appointment as a 2LT; Department of the Army Special Orders Number 95 AR; a copy of the Proceedings of a Federal Recognition Examining Board, dated 14 March 2002;...
ARMY | BCMR | CY2004 | 2004101431C070208
The applicant states that after he received orders calling him to active duty he requested a medical exemption and transfer to the Retired Reserve. He was granted the exemption but was discharged rather than transferred to the Retired Reserve. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding his 24 April 2003 discharge from the U. S. Army Reserve; b. showing he was transferred to the Retired Reserve effective...
ARMY | BCMR | CY2004 | 2004101436C070208
Paul M. Smith | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 17 October 1998, the applicant and FSM were married. By law, a member who was not married upon becoming eligible to participate in the RCSBP but who later marries may elect to participate in the RCSBP.
ARMY | BCMR | CY2004 | 2004101437C070208
The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. 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 | 2004101446C070208
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 a Certification of Military Service and the applicant’s separation document (DD Form 214), dated 14 July 1958. The regulation specifies that the source documents for preparing separation documents include military personnel records, separation authority documentation, separation orders, and other documents authorized for filing in...
ARMY | BCMR | CY2004 | 2004101448C070208
On 4 August 1997, the applicant was notified by his commander that he was being recommended for separation under the provisions of paragraph 14- 12b (Patterns of Misconduct) of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations). On 14 August 1997, the Commander of the 10th Aviation Brigade, 10th Mountain Division directed that the applicant be discharged from the United States Army under the provisions of paragraph 14-12b of Army Regulation 635-200, for patterns of...
ARMY | BCMR | CY2004 | 2004101450C070208
The applicant requests, in effect, that his last name be changed on all his service records and that his date of birth be corrected to show his correct date of birth, 27 January 1935. From the evidence in the available records, the applicant continued to use the last name "S-u-s" until he was discharged from the Army, and after." A copy of this Record of Proceedings will be filed in the applicant's service personnel records so that an additional record of his birth name, the name he wishes...
ARMY | BCMR | CY2004 | 2004101461C070208
The applicant’s military records were not provided to the Board. The DD Form 214 also confirms that the applicant was separated under the provisions of paragraph 16-8, Army Regulation 635-200, by reason of Convenience of the Government-FY92 Early Transition Program. In effect, his signature on the document shows he verified the information contained on the DD Form 214, to include the list of authorized awards and the RE code he was assigned, was correct at the time the separation document...
ARMY | BCMR | CY2004 | 2004101465C070208
A DA Form 4856 (Developmental Counseling Form), dated 27 July 2001, shows that the applicant was advised that she would be separated from active service due to chapter 15 of Army Regulation 635-200 (Separations) for homosexual activities. In this case, Army Regulation 635-5-1 shows that the SPD code "JRB" indicates that the separation authority as "Paragraph 15-3B, Army Regulation 635-200" and the narrative reason for the discharge is “Homosexual Admission." Records show that the applicant...
ARMY | BCMR | CY2004 | 2004101467C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Evidence of record shows that the applicant has completed 5 months and 20 days of active service at the time of her separation. There is no evidence and the applicant has failed to provide evidence which shows that the "uncharacterized" discharge is in error or otherwise contrary to law or regulations.
ARMY | BCMR | CY2004 | 2004101468C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 October 2004 DOCKET NUMBER: AR2004101468 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 was not disabled prior to enlisting in the military. 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...
ARMY | BCMR | CY2004 | 2004101471C070208
On the date of the applicant's discharge, he had completed 6 years, 3 months, and 2 days active military service, with 252 days excess leave. Contrary to the applicant's contentions that this was the only occurrence in 6 years of dedicated service, the evidence of record shows that he received non-judicial punishment twice. The evidence of record failed to establish a basis upon which clemency could be granted and upon which the severity of the sentence imposed could be moderated with an...
ARMY | BCMR | CY2004 | 2004101490C070208
The applicant appealed the GOMOR to the DASEB and on 17 September 1997, the DASEB after careful consideration voted to deny the applicant’s request that the GOMOR be removed from his OMPF, or in the alternative be transferred to the restricted (R-Fiche) portion of the OMPF. However, the regulation does authorize the transfer of a GOMOR when it can be determined that the document has served its intended purpose. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2004 | 2004101565C070208
The applicant requests, in effect, that the medals and other awards to which he is entitled for his World War II service and the Presidential Unit Citation, the United Nations Service Medal, and all other awards to which he is entitled for his Korean War service, be added to his DD Form 214, Report of Separation from the Armed Forces of the United States. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the...
ARMY | BCMR | CY2004 | 2004101615C070208
The applicant requests, in effect, that the Combat Infantryman Badge (2nd Award); the Vietnam Service Medal, the Vietnam Campaign Medal; and the Expert Marksmanship Qualification Badge, with Rifle Bar [M-16 Rifle] be added to his separation document. The DD Form 214 shows no awards that are typically related to Vietnam service. The evidence submitted by the applicant is insufficient and is not corroborated by official Army records to show that he served in the Republic of Vietnam.
ARMY | BCMR | CY2004 | 2004101622C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to show he attended dog handler's training and that he is authorized to wear the Navy Unit Commendation (NUC) and two bronze service stars with the Vietnam Service Medal. In pertinent part, it states that a soldier may wear a unit award permanently if...
ARMY | BCMR | CY2004 | 2004101626C070208
The applicant requests, in effect, that the Purple Heart, with Two Oak Leaf Clusters, the Combat Infantryman Badge, and the Vietnam Service Medal [it is believed the applicant meant the Republic of Vietnam Campaign Medal, since the Vietnam Service Medal is shown on separation document] be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge. There are no orders in the applicant's service personnel records to show that he was awarded the Combat...
ARMY | BCMR | CY2004 | 2004101634C070208
The record further shows the applicant was honorably separated on 12 December 1945, after completing 1 year, 2 months and 18 days of active military service. The record contains no orders or documents indicating that he was ever recommended or selected for promotion to PFC, or that he was ever promoted to that rank by proper authority. The applicant’s contention that he should have been promoted to PFC prior to his discharge because a friend with a similar record was promoted the day...
ARMY | BCMR | CY2004 | 2004101642C070208
This order was not on file in the applicant’s Official Military Personnel File and there is no indication that it resulted in a change to the applicant’s MOS of record. In addition, his 7 January 1975 DA Form 2 and the special orders assigning him to the transfer point for separation processing, dated 4 June 1975, both list his primary MOS as 81A10. The applicant provides MOS orders indicating he was awarded either MOS 81F10 or 81C20 on 1 October 1974.
ARMY | BCMR | CY2004 | 2004101651C070208
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. In this earlier application for correction of her records, the applicant did not request addition of the Army Commendation Medal to her DD Form 214. AR 600-9, paragraph 22.a, which was in effect at the time the applicant was recommended for award of the Army Commendation Medal, in pertinent part, states that...
ARMY | BCMR | CY2004 | 2004101691C070208
Ronald E. Blakely | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record shows that the applicant was assigned and performed duties in MOS 93J throughout most of the period covered by the DD Form 214 and it would therefore by appropriate to correct his separation document at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2004 | 2004101717C070208
As a result, if the applicant believes his RVN service warrants award of a second BSM, he may request this award through a Member of Congress under the provisions of Section 1130 of Title 10, United States Code. Thus is would be appropriate to correct the applicant’s record to show he is authorized the “V” Device with his AM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he is authorized a “V” Device with...
ARMY | BCMR | CY2004 | 2004101750C070208
The applicant requests, in effect, that the DA Form 4833 (Commander's Report of Disciplinary or Administrative Action) dated 19 July 1984 be removed from the U. S. Army Crime Records Center's files or that the entry in the Remarks section of the form be deleted. Army Regulation 640-10 (Individual Military Personnel Records), in effect at the time, did not provide for the filing of the DA Form 4833 in the OMPF. Records show the applicant should have discovered the alleged error or injustice...
ARMY | BCMR | CY2004 | 2004101772C070208
They are new evidence; therefore, the Board must consider them. In an earlier letter, dated 4 August 2000, the physician states that it was the applicant who presented the facts related to his injury. A medical record dated 6 August 1943 shows that the applicant had sustained a compound fracture of his left lower tibia, playing ball, approximately 4 years [approximately 1939] before he was seen for medical treatment on this date.