ARMY | BCMR | CY2004 | 2004102330C070208
The applicant’s military records show that prior to the period of service under review, he served honorably in the Regular Army (RA) from 17 October 1966 to 4 July 1967. The applicant's DD Form 214 does not show this is an authorized award because it was awarded to his unit after he had been separated. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of a silver service star for wear on his VSM, and the...
ARMY | BCMR | CY2004 | 2004102335C070208
There is no evidence in the applicant's service personnel records, nor did he provide any evidence, that he applied to the Chief, National Guard Bureau, for an exception to policy to allow him to retire in the pay grade E-8, for the good of the service. National Guard Regulation (NGR) 600-200, Section II.I (Transfer to the Retired Reserve and Retirement), Paragraph 8-16.1.b. It states, in pertinent part, that retired soldiers are entitled to, when their active service plus service on the...
ARMY | BCMR | CY2004 | 2004102345C070208
On 7 June 1985, the applicant signed a NAVMC 118 (11), (Administrative Remarks (1070) that stated that he understood that during the period of deferment following his enlistment in the Marine Corps Reserve, i.e., commencing on the date of his enlistment and ending on the date on which he reported to active duty or active duty for training, he was not entitled to pay, allowances, leave, medical care at government expense, or if he died, burial benefits. The applicant served in the Marine...
ARMY | BCMR | CY2004 | 2004102457C070208
The applicant requests, in effect, that the Southwest Asia Service Medal (SWASM), Army Commendation Medal (ARCOM) and The State of Texas Adjutant’s General’s Individual Award be added to the list of awards contained on his separation document (DD Form 214); and that his Special Qualification Identifier (SQI) H (Instructor) also be added to his record. Chapter 2 of the separation documents regulation contains item by item entry guidance on preparation of the DD Form 214. The evidence of...
ARMY | BCMR | CY2004 | 2004102486C070208
By letter dated 1 February 1999, DFAS informed the applicant that it could not process his claim for military pay due for service during the period 13 November 1961 through 23 February 1981. It appears that he would have been entitled to payment of accrued leave, at pay grade E-3, by virtue of his upgraded discharge. Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 February 1987 (the date the statute of limitations for filing a...
ARMY | BCMR | CY2004 | 2004102487C070208
The applicant’s military record shows he enlisted in the Regular Army and entered active duty on 8 July 1971. On 23 June 1972, the unit commander formally counseled the applicant regarding his candidacy for separation under the Qualitative Management Program (QMP) due to his erratic performance of duty and admitted use of hard drugs. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2004 | 2004102494C070208
Therefore, the applicant's enlistment was voided and a DD Form 214 was issued which released him from the control of the Army. Evidence of record shows that the applicant was released from military service under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct – fraudulent entry for concealment of civil conviction. The applicant has failed to show through the evidence submitted with his application or the evidence of record that the commander's actions to...
ARMY | BCMR | CY2004 | 2004102499C070208
The applicant provides a letter from the U. S. Army Reserve Personnel Command (AR-PERSCOM, formerly ARPERCEN); his Retiree Account Statement effective 25 July 2003; his DD Form 1883; his DD Form 2656; his divorce decree; and his marriage license. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP...
ARMY | BCMR | CY2004 | 2004102540C070208
The applicant requests that the records of her deceased spouse, a former service member (FSM), be corrected to show he enrolled in the Survivor Benefit Plan (SBP). Extensive publicity of this Open Season was given in Army Echoes, the Army bulletin published and mailed to retirees to keep them abreast of their rights and privileges and to inform them of developments in the Army. The FSM retired on 1 May 1970.
ARMY | BCMR | CY2004 | 2004102558C070208
Leonard G. Hassell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Therefore, it would be appropriate to correct the applicant's record to show award of the PH. The available evidence also supports correcting the applicant's record to show award of the BSM as a result of his having received the CIB, four bronze service stars to be worn on the EAME Campaign Medal, and the honorable service lapel button (World War II).
ARMY | BCMR | CY2004 | 2004102561C070208
The applicant requests, in effect, that Item 24 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal (BSM) with "V" Device. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2004 | 2004102609C070208
The applicant is requesting correction of an error which occurred on 23 February 1996, the date of his separation. Records show the applicant exhausted the administrative remedies in this case when his case was last reviewed by the Army Discharge Review Board on 9 March 2000. As a result, the time for the applicant to file a request for correction of any error or injustice to this Board expired on 8 March 2003.
ARMY | BCMR | CY2004 | 2004102634C070208
Robert Rogers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The opinion stated that, in accordance with paragraph 2-20g, Army Regulation (AR) 601-210, if an applicant has completed a degree-producing college program from an accredited college or university, the enlistment grade would be E-4 (foreign transcripts would be subject to evaluation and accreditation). However, the applicant was considered to be...
ARMY | BCMR | CY2004 | 2004102640C070208
The applicant requests, in effect, that the Survivor Benefit Plan (SBP) annuity election made by her deceased ex-spouse, a former service member (FSM), be changed to former spouse coverage and that she be provided a SBP annuity accordingly. Further, the record shows that neither the FSM nor the applicant took any action to request a change to the FSM’s SBP election to former spouse coverage within a year of the divorce decree being issued, as is required by law. This individual claims that...
ARMY | BCMR | CY2004 | 2004102646C070208
In the Form SSA-2458 that the applicant submitted with his request for correction of his military records, the Social Security Administration states that, "According to our records, Social Security Number ***-49-**** belongs to [the applicant] and was issued to him in 1980. The applicant consistently used the number ***-04-**** throughout his Army service, as evidenced by Army records. The Board determined that the evidence presented does not demonstrate the existence of a probable error...
ARMY | BCMR | CY2004 | 2004102653C070208
The Chief of the Military Awards Branch stated that the basic criteria for award of the Purple Heart required that it be awarded to soldiers for wounds or injuries received as a direct result of enemy action. While the statement described what happened on 21 February 1969, the major general does not state that he was present when the aircraft crashed or that he witnessed the aircraft being hit by enemy fire causing it to crash. Notwithstanding the evidence submitted by the applicant, the...
ARMY | BCMR | CY2004 | 2004102655C070208
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. On 21 September 1961, the applicant’s unit commander recommended that a Board of Officers be appointed under the provisions of AR 635-208 to determine if he should be discharged from the service for unfitness. Action was to be taken to discharge an individual for unsuitability when, in the commander's opinion, it...
ARMY | BCMR | CY2004 | 2004102661C070208
The applicant requests, in effect, that his separation document be corrected to show the four Bronze Star Medals, the Combat Infantryman Badge, and the Army Commendation Medal, that he earned. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to during his first tour of duty in Vietnam: Headquarters and Headquarters Company, 1st...
ARMY | BCMR | CY2004 | 2004102664C070208
Larry C. Bergquist | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his dishonorable discharge be upgraded to a general discharge. While the Board understands the applicant's desire for this Board to consider his conduct and accomplishment while he was incarcerated, that in itself is not sufficiently mitigating to warrant an upgrade of his discharge when considering the seriousness of his offense.
ARMY | BCMR | CY2004 | 2004102667C070208
The applicant requests, in effect, that his final separation document (DD Form 214), dated 20 January 1970, be corrected to reflect 1 year and 7 months of Vietnam service in Item 22c (Foreign and or Sea Service) and by including all his authorized awards in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). Item 24 shows that during the period of active duty service documented by the DD Form 214, the applicant earned only the NDSM 1st...
ARMY | BCMR | CY2004 | 2004102680C070208
The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the era in which the applicant served the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. For Vietnam service, one OSB is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2004 | 2004102682C070208
Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to while he served in Vietnam: Company C, 1st Battalion, 8th Cavalry, 1st Cavalry Division, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 9 August 1965 through 19 May 1969, by Department of the Army General Orders...
ARMY | BCMR | CY2004 | 2004102690C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 August 2004 DOCKET NUMBER: AR2004102690 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 27 July 1988, the applicant was notified by her unit commander that separation action was being initiated on her under the provisions of chapter 14, Army Regulation 635-200, by reason of commission of a...
ARMY | BCMR | CY2004 | 2004102693C070208
In a second advisory opinion, OTSG opined that he should not be given any additional constructive service credit. The Board notes that the regulation allows for additional constructive service credit based on special education as determined by OTSG. In this case, OTSG determined in a final review of the applicant's case that his award of his Master of Natural Science degree did not overlap his medical school training and therefore recommended he be awarded an additional 2 years of...
ARMY | BCMR | CY2004 | 2004102694C070208
Army Regulation 600-8-29 (Officer Promotions) states that an officer will not be considered or reconsidered for promotion by an SSB for a number of reasons, including when the promotion selection board did not see an official photograph. If for some reason they cannot do so (if the officer being considered by the SSB is in the population being considered by the scheduled, regular board or if any of the members sat on the original board), they will contact the appropriate office (OTJAG, if...
ARMY | BCMR | CY2004 | 2004102698C070208
NGB further stated that the applicant was discharged from the Army on 18 October 1977 and that, on 5 October 1977, he received appointment as a Reserve commissioned officer with an effective date of 19 October 1977. The NGB opinion stated that the applicant completed an application for Federal Recognition on 11 November 1979 and that he indicated that he was in the USAR from 18 October 1977 until the "present." The applicant's service personnel records contain a Department of the Army,...
ARMY | BCMR | CY2004 | 2004102715C070208
The applicant provides two third-party statements from members who served with him in the RVN. Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show he is entitled...
ARMY | BCMR | CY2004 | 2004102727C070208
The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 May 2000; her Medical Evaluation Board (MEB) proceedings; her Physical Evaluation Board (PEB) proceedings; a pulmonary function test report; an Army National Guard Retirement Points History Statement; and her active duty orders. There is no evidence of record and the applicant provides none to show her asthma was incurred or aggravated while she was on active duty...
ARMY | BCMR | CY2004 | 2004102728C070208
The applicant requests, in effect, that his records be corrected to show he was advanced on the retired list to Staff Sergeant (SSG), E-6, the highest grade he held. On 10 December 2003, the Army Grade Determination Review Board determined that the applicant's request to be advanced on the retired list to pay grade E-6 should be denied. There is insufficient evidence to show that he satisfactorily held pay grade E-6; therefore, additional relief is not warranted.
ARMY | BCMR | CY2004 | 2004102732C070208
The applicant requests reconsideration of the prior decisions made by the Army Board for Correction of Military Records (ABCMR) to deny an upgrade of his bad conduct discharge (BCD) to an honorable or a general discharge. On 26 March 2004, a clinical social worker from Solis & Associates composed a letter to this Board indicating that she concurred with the diagnosis of PTSD and that it was present while he was still on active duty in Vietnam. However, there is no evidence in the available...
ARMY | BCMR | CY2004 | 2004102774C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2004 DOCKET NUMBER: AR2004102774 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 military records are not available to the Board for review. Although DODD 1332.28 provides policy for review of discharges by Discharge Review Boards, it appears appropriate for this Board to adopt...
ARMY | BCMR | CY2004 | 2004102787C070208
Richard Dunbar | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. However, the evidence of record clearly shows that he was not tried by a court-martial because he submitted a request for discharge for the good of the service, in...
ARMY | BCMR | CY2004 | 2004102792C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: OCTOBER 7, 2004 DOCKET NUMBER: AR2004102792 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 "discharge packet" that led to the applicant's separation from the Army is not available in his service personnel record. The applicant made application for review of his discharge to the Army Discharge Review...
ARMY | BCMR | CY2004 | 2004102796C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his discharge be upgraded from under other than honorable conditions to an honorable discharge. On 1 November 1973, the applicant was discharged from active duty and was issued an under other than honorable conditions discharge based on chapter 10, Army Regulation 635-200.
ARMY | BCMR | CY2004 | 2004102799C070208
On 9 January 1969, as part of the separation process, the applicant underwent a psychiatric examination by a professionally trained psychiatrist. On 23 January 1969, the commander recommended that the applicant be separated under the provisions of Army Regulation 635-212, due to unfitness. On 18 October 1979, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge under that board's 15- year statute of limitations.
ARMY | BCMR | CY2004 | 2004102870C070208
A DA Form 1506 dated 13 May 2003 determined the applicant's PEBD to be 24 October 1991 and indicated that he had a complete break in service during the period 14 June 1997 through 27 June 1999. On 12 August 2003, the applicant requested remission or cancellation of his debt. Evidence shows that the applicant’s records might contain an administrative error which does not require action by the Board.
ARMY | BCMR | CY2004 | 2004102910C070208
The evidence of record shows that on 30 July 1980, the applicant consulted with counsel and submitted a request for discharge from the service under chapter 10, AR 635-200, for the good of the service. There is no evidence that the applicant applied to the Army Discharge Review Board during its 15-year statute of limitations for an upgrade of her discharge. A discharge under other than honorable conditions is normally considered appropriate, but the separation authority may direct a...
ARMY | BCMR | CY2004 | 2004102914C070208
The appropriate authority, the Division Artillery Commander, a Colonel, approved the recommendation for the applicant's separation and waived further counseling and rehabilitation. There is no indication in the available records to show that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. The applicant was diagnosed by a trained psychiatrist and was found to have a borderline character disorder.
ARMY | BCMR | CY2004 | 2004102915C070208
Ronald J. Weaver | |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 (Report of Separation from Active Duty) be corrected to show his character of service as under honorable conditions in block 9e (Character of Service). The applicant was discharged with a general discharge on 31 August 1976, under the provisions of paragraph 5-37 of Army Regulation 635-200 for failure...
ARMY | BCMR | CY2004 | 2004102937C070208
The applicant requests, in effect, that his record be corrected to show he initially enlisted for a period of four years. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It would also be appropriate to correct the term of service entry in Item 18 of his DD Form 214 by deleting the current entry “MEMBER HAS NOT COMPLETED FIRST FULL...
ARMY | BCMR | CY2004 | 2004102940C070208
Jonathon K. Rost | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record confirms the applicant completed 5 years, 6 months and 5 days of qualifying commissioned officer service between 9 June 1989 and 14 December 1994. In view of the facts of this case, it would be appropriate to correct the applicant’s record to show that upon his 2 July 2002 appointment in the USAR, the applicant’s 1LT date of rank was...
ARMY | BCMR | CY2004 | 2004102949C070208
Paul M. Smith | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his Reentry (RE) Code be changed from RE-3 to RE-1. These individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE code.
ARMY | BCMR | CY2004 | 2004102952C070208
Robert Rogers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show that he served in military occupational specialty (MOS) 657 (Aid Man), not MOS 861 (Surgical Technician). Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 February...
ARMY | BCMR | CY2004 | 2004102956C070208
However, 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. However, the award of a VA disability rating in and of itself does not entitle a member to the PH. Absent any evidence of record to corroborate and/or that confirms the applicant received a combat related wound or...
ARMY | BCMR | CY2004 | 2004102960C070208
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. 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.
ARMY | BCMR | CY2004 | 2004102961C070208
The applicant requests, in effect, that the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) election to former spouse coverage. The applicant states, in effect, that she is the surviving ex-spouse of the FSM and is entitled to receive a SBP annuity as provided for in their divorce agreement after 39 years of marriage. The record shows that neither the FSM nor the applicant took any action to request a...
ARMY | BCMR | CY2004 | 2004102968C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 29 November 1968, nonjudicial punishment (NJP) was imposed against him for being disorderly at the Fort Campbell, Kentucky Reception Station. 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 honorable conditions on 7 January 1972, under the provisions of Army Regulation 635-212, for unsuitability, due to frequent involvement in...
ARMY | BCMR | CY2004 | 2004102975C070208
Counsel also requests that the Korean Defense Service Medal (KDSM) be added to the record and that the applicant be issued a corrected separation document (DD Form 215) that includes this award. In its original findings, the ABCMR found no evidence of record or independent evidence to support the applicant’s claim that his separation date was incorrect. His Military Personnel Records Jacket (MPRJ) contains no other orders or documents indicating that he earned any additional awards while...
ARMY | BCMR | CY2004 | 2004102997C070208
He states that he lost his pay for 6 months; that he was supposed to be discharged in January 1950, instead he was kept in his service until June 1950; and that he was discharged with a section eight. The DD Form 214 indicates that the applicant was discharged on 6 June 1950, under the provisions of Army Regulation 615-368, for unfitness and issued an undesirable discharge. There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an...
ARMY | BCMR | CY2004 | 2004102998C070208
He had completed 2 years, 11 months and 28 days of creditable active military service and he had no recorded lost time. There is no evidence that the applicant ever applied to the Army Discharge Review Board for review of his discharge under that board's 15- year statute of limitations. Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 May 1976; therefore, the time for the applicant to file a request for correction of any error...