ARMY | BCMR | CY2004 | 2004103001C070208
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. Evidence shows that the board of officers unanimously...
ARMY | BCMR | CY2004 | 2004103010C070208
The applicant requests that he be provided a Certificate of Military Service for the period 1957 through 1959 and a corrected Honorable Discharge Certificate dated 10 November 1969 to show his rank as Staff Sergeant. The applicant’s military records are not available to the Board. It appears the staff of the Board, in responding to his request, presumed he was requesting replacement of his DD Form 214; however, he was informed, in part, that discharge certificates could not be replaced if...
ARMY | BCMR | CY2004 | 2004103026C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. He states that he did not present his SSAN card at the time of his entry into the service and only provided what he believed was his SSAN at the time. However, in order to provide a solution that provides the applicant the relief necessary to obtain veterans benefits and that still maintains the accuracy of the military records in question, the SSAN correction will be limited to the...
ARMY | BCMR | CY2004 | 2004103052C070208
He also states that Item 12d should contain an entry showing 1 year, Item 12f should show 2 months and Item 13 should include Southwest Asia (SWA) and Combat Infantryman Badge (CIB) in the list of authorized awards based on his service in Iraq. Item 26 (Separation Authority) confirms the applicant was separated under the provisions of paragraph 5-17, Army Regulation 635-200 and Item 28 contains an entry indicating the narrative reason for his separation was “Physical Condition, not a...
ARMY | BCMR | CY2004 | 2004103054C070208
During the board proceedings, the applicant denied using illegal drugs. 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. There is no evidence that the applicant has ever requested such a waiver.
ARMY | BCMR | CY2004 | 2004103057C070208
The applicant’s record shows that he enlisted in the Regular Army and entered active duty on 10 March 1975. On 8 March 1979, the separation authority approved the applicant’s request for discharge and directed that he receive an UOTHC discharge and the applicant was discharged accordingly. As a result, the time for him to file a request for correction of any error or injustice to this Board expired on 14 April 1990.
ARMY | BCMR | CY2004 | 2004103058C070208
Counsel continues that the first review, dated 30 October 1977, the ADRB voted unanimously to upgrade the applicant's discharge to a general discharge under honorable conditions and informed the applicant. The ADRB's second review of the applicant's general discharge was to determine that the discharge should be affirmed. The ADRB's decision to not affirm the applicant's general discharge was consistent with all applicable laws and regulations.
ARMY | BCMR | CY2004 | 2004103067C070208
In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. 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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by...
ARMY | BCMR | CY2004 | 2004103070C070208
The application submitted in this case is dated 26 November 2003. Accordingly, on 21 December 1981, the applicant 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. He completed the form twice and both times he indicated that he had never been treated for a mental condition.
ARMY | BCMR | CY2004 | 2004103071C070212
Additionally, the applicant had been issued his 20 Year Letter and there was no evidence that he could be denied his retired pay. The NGB responded to the IDARNG on 17 July 2001, and denied their request to transfer the applicant to the Retired Reserve. Since the applicant has received a discharge from the Naval Reserve and been issued a 20-year letter for eligibility for retired pay at age 60 by the IDARNG, it would also be in the interest of justice to show that he was transferred to the...
ARMY | BCMR | CY2004 | 2004103075C070208
Department of Defense Instruction (DODI) 5505.7, 14 May 1992, Titling and Indexing of Subjects of Criminal Investigations in the Department of Defense, states that titling ensures investigators can retrieve information in an ROI of suspected criminal activity at some future time for law enforcement and security purposes. His Member of Congress discusses the FBI's National Criminal Information Center list. It is presumed the applicant is requesting that the CID ROI and information that he...
ARMY | BCMR | CY2004 | 2004103076C070208
The application submitted in this case is dated 5 January 2004. 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. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2004 | 2004103078C070208
The applicant states that it appears that SBP payments are being made to the FSM’s second wife and that, in view of her Judgment for Absolute Divorce, she should be receiving the payments. The FSM and the applicant divorced on 13 December 1984. 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 election.
ARMY | BCMR | CY2004 | 2004103090C070208
The applicant requests adjustment to his date of rank for captain (O3). The applicant was selected for promotion on the 1999 RCSB with an approval date of 18 April 2000. The date of rank (18 April 2000) is the approval date of the 1999 RCSB.
ARMY | BCMR | CY2004 | 2004103091C070208
Letters from TAGO representatives dated 12 July 1946, 17 December 1946 and 6 September 1950 and a first endorsement, dated 14 September 1950, all indicate the applicant’s records confirmed he was promotion to PFC on 1 April 1944, CPL on 23 August 1945 and that there was no record found to show he was ever promoted to SGT while serving on active duty. The evidence of record confirms the applicant was promoted to CPL on 23 August 1945 under a special POW promotion policy and that he held...
ARMY | BCMR | CY2004 | 2004103113C070208
Ronald J. Weaver | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Public Law 97-252, the Uniformed Services Former Spouses Protection Act (USFSPA), enacted 8 September 1982, established SBP coverage for former spouses of retiring members. 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...
ARMY | BCMR | CY2004 | 2004103146C070208
Eloise Prendergast | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that he was honorably discharged in the pay grade of E-4 on 29 August 1969, and his record should reflect his appropriate pay grade. Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 August 1969; therefore, the time for the applicant to file a request for...
ARMY | BCMR | CY2004 | 2004103155C070208
As indicated in the Board’s original conclusions in this case, the processing of the applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations. The available military medical evidence gives no indication that he suffered from a physical or mental condition that impaired his ability to serve at the time. As...
ARMY | BCMR | CY2004 | 2004103159C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 8 June 1965, the applicant was discharged under the provisions of Army Regulation 635-209, with a GD, in pay grade E-1. The type of discharge directed and the reason for discharge are appropriate considering the facts of the case.
ARMY | BCMR | CY2004 | 2004103180C070208
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the date of rank (DOR) of his appointment to second lieutenant (2LT) be adjusted from 26 May 1982 to 8 May 1982. The applicant provides in support of his application a copy of his Reserve commissioned officer Oath of Office dated 8 May 1982; a copy of his memorandum appointing him as a Reserve commissioned officer of the...
ARMY | BCMR | CY2004 | 2004103183C070208
The applicant requests that he be paid Veterinary Corps proficiency pay (i.e., Veterinary Duty Pay (VDP)) retroactive to 13 April 1988. The evidence shows the applicant entered active duty, in the Veterinary Corps, in an AGR status in April 1988. The law was changed and, effective 5 December 1991, AGR and mobilized health profession officers were authorized VDP.
ARMY | BCMR | CY2004 | 2004103190C070208
On 26 June 2003, the Principal Deputy, Under Secretary of Defense (Personnel and Readiness) signed a memorandum allowing Service Secretaries to grant BAH waivers for service members attending PME for 12 months or less. The advisory opinion went on to note that the Office of the Under Secretary of Defense published a policy on 26 June 2003 allowing the Service Secretaries a more flexible BAH policy when the members received PCS assignments of 12 months of less for PME. The Secretary of the...
ARMY | BCMR | CY2004 | 2004103199C070208
The applicant provides his ROTC discharge orders; his DA Form 3286-59 (Statement for Enlistment United States Army Enlistment Program U. S. Army Delayed Enlistment Program); and an account statement from the Defense Finance and Accounting Service (DFAS) with a billing date of 13 January 2004. That Command noted that the applicant's voluntary enlisted service in the Army was not an authorized remedy for debt repayment under the terms of his ROTC contract and recommended that his voluntary...
ARMY | BCMR | CY2004 | 2004103201C070208
21 Under Part Va (Performance and Potential Evaluation), three of the raters placed the applicant in the first block (Outstanding Performance, Must Promote), except for the contested OER, with positive comments on specific aspects of the applicant's performance except for the contested OER. If the rated officer's potential is below the majority of officers in the senior rater's population for that grade and the senior rater believes the rated officer should be retained for further...
ARMY | BCMR | CY2004 | 2004103203C070208
Counsel provides the following documents in support of this application: Summary of Proceedings of the FEB, Report of Proceedings of the FEB, Brigade Commander’s disapproval of FEB, Applicant’s Military Counsel Rebuttal to FEB Disapproval, Military Counsel Request for Approval of FEB to the Reviewing Authority, Division Commander’s Approval of FEB Disapproval, FEB Exhibits, Commander Statement on Punishment for the Incident, FEB Appointment of Challenged Member and Naming of...
ARMY | BCMR | CY2004 | 2004103221C070208
The Rating Decision noted that a 40 percent rating (for the applicant's hip condition) was granted because the physical examination showed he could flex his hip only 10 degrees. It is also noted that the Army rated the applicant's knee condition in May 1994 at 10 percent whereas the VA, even after his numerous complaints of knee problems after the PEB, initially awarded a zero percent rating for his knee condition. There is no evidence that the applicant's ankle condition or injury to his...
ARMY | BCMR | CY2004 | 2004103238C070208
It states, in pertinent part, that a DD Form 214 will be prepared on Reserve Component (RC) soldiers who complete 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. The evidence of record confirms the applicant completed a total of 8 years and 20 days of RC military service in the OARNG and USAR, which included 6 months of active duty service for which he was...
ARMY | BCMR | CY2004 | 2004103259C070208
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides no additional documentation in support of his application. The applicant was barred from reenlistment at the time of his separation and was not fully qualified for reenlistment at the time of separation due to his having reached his maximum RCP for his grade; accordingly, he was properly issued an RE code of RE-3 in accordance...
ARMY | BCMR | CY2004 | 2004103278C070208
The applicant requests that his records be corrected to show he received a battlefield commission. The applicant’s military records are not available to the Board for review. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.
ARMY | BCMR | CY2004 | 2004103282C070208
Paul M. Smith | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. She was released from active duty on 9 July 1991 for pregnancy after completing 1 year, 2 months, and 22 days of creditable active service and was transferred to the U. S. Army Reserve. The VA booklet also states that veterans who did not complete the required period of service may still be eligible under Category 1 if discharged for one of several reasons to...
ARMY | BCMR | CY2004 | 2004103284C070208
There are no orders in the applicant's service personnel records to show that he was awarded the Purple Heart. 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, Battery A, 377th Artillery Battalion, 101st Airborne Division, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 1 March...
ARMY | BCMR | CY2004 | 2004103306C070212
The applicant requests that his date of rank (DOR) on his report of separation (DD Form 214) reflects the incorrect date. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in block 12h of his DD Form 214 dated 5 July 2000, that his effect date of pay grade is 1 October 1999.
ARMY | BCMR | CY2004 | 2004103308C070208
This document shows that between 12 May 1985 and 12 December 1995, the applicant accrued a total of 210 points and was credited with 2 years of qualifying service for retirement. The statement of service provided by HRC, St. Louis personnel officials confirms that while serving in a RC status, the applicant accrued only two years of qualifying service for retirement. Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 December...
ARMY | BCMR | CY2004 | 2004103309C070208
On 17 November 2001, the applicant’s commanding officer submitted a DA Form 4187 requesting that she be promoted to the pay grade of E-5 under the ACASP. In the processing of this case, a staff advisory opinion was obtained from the Director, Health Service Personnel Management, United States Army Human Resources Command, who opined that the applicant completed her 91C, Licensed Practical Nurse training on 8 November 2001 and should have, at that time been promoted to the rank of sergeant...
ARMY | BCMR | CY2004 | 2004103311C070208
The applicant provides a Department of the Army, memorandum, dated 31 May 2000; an INARNG letter of recommendation for promotion; a DA Form 3349 (Physical Profile), dated 23 April 2001; a letter to a United States Senator, dated 1 July 2002; a letter of timeline of events, dated 15 November 2003; a copy of National Guard Bureau Federal Recognition Orders Number 55 AR, dated 4 March 2003; and two email messages. There is no evidence in the available records that show the applicant was...
ARMY | BCMR | CY2004 | 2004103322C070208
Table 2-4 rule D states, in pertinent part, that applicants with prior service in any component of the United States Armed Forces who enlist more than 24 months after discharge will have their date of rank established as the date of enlistment in the ARNG, if enlistment is in the same grade held at discharge. The evidence of record confirms the applicant was promoted to the rank of SP4 on 1 December 1984 and that this is the highest rank he held while on active duty. Thus, there is an...
ARMY | BCMR | CY2004 | 2004103323C070208
The applicant states, in effect, that he was reduced in rank as a result of a medical condition that was beyond his control. During this counseling, the applicant was notified that his duty performance was below the standards of a noncommissioned officer with his time in service and rank. Therefore, this Board has determined that his reduction in rank based on inefficiency was appropriate.
ARMY | BCMR | CY2004 | 2004103324C070208
Ronald J. Weaver | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record clearly shows the applicant’s service as an ROTC cadet was not performed while he was in a concurrent drilling status in the USAR. Therefore, this service is not creditable service for PEBD purposes and there is insufficient evidence to support granting the requested relief.
ARMY | BCMR | CY2004 | 2004103351C070208
Eloise C. Prendergast | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that, due to the unique situation of the Career Status Bonus (CSB), pay was collected from him. The Career Status Bonus is one of three current retired pay plans dependent upon a member's Date Initially Entered Military Service (DIEMS).
ARMY | BCMR | CY2004 | 2004103352C070208
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The signature block of the individual who signed the 17 March 2004 memo that forwarded the applicant's MASP contract for him to shows that she was the "Special Pay Administrator." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was entitled to receive payment for a one-year...
ARMY | BCMR | CY2004 | 2004103418C070208
Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214. The applicant served in a unit, Headquarters and Headquarters Company, 1st Battalion, 5th Infantry Regiment, which was awarded the Republic of Korea Presidential Unit Citation; at the time he was a member of the unit. Therefore, the Board requests that the CMSD-St. Louis administratively correct...
ARMY | BCMR | CY2004 | 2004103425C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: OCTOBER 21, 2004 DOCKET NUMBER: AR2004103425 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 Belgian Fourragere, which was awarded to the applicant's unit for the period 22 through 27 December 1944 is already shown on the applicant's WD AGO Form 53-55. As a result, the Board recommends that all...
ARMY | BCMR | CY2004 | 2004103428C070208
The applicant states, in effect, that in its original deliberation, the Board erroneously concluded that he knowingly accepted additional payments after the effective date of his retirement, which was not supported by the evidence presented to the Board. 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 AR2003086544, on 13 January...
ARMY | BCMR | CY2004 | 2004103457C070208
Yolanda Maldonado | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his enlistment contract be corrected to show that he enlisted in the Army for 4 years and 00 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his enlistment contract to show that he enlisted in the Regular Army for 4 years and 00 weeks instead of...
ARMY | BCMR | CY2004 | 2004103474C070208
The applicant provides a 1-page medical record from the Department of Veterans Affairs (DVA) dated 15 January 2004; a 1-page medical record from the DVA dated 21 January 2000; a 1-page medical record from the DVA dated 24 April 2003; an extract from his service medical records; a 3-page attachment to a DVA claim; a letter dated 6 March 1969; a letter addressed to the National Archives and Records Administration dated 26 October 1999; and his DD Form 214. In pertinent part, it states that...
ARMY | BCMR | CY2004 | 2004103482C070208
Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to have it added to his DD Form 214. Because the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973 and, because the applicant provided no evidence showing that he was serving in the rank of Staff Sergeant on his discharge from active duty, there is no basis for changing the...
ARMY | BCMR | CY2004 | 2004103487C070208
The Department of the Army has continued to acknowledge that although the applicant was improperly armed, given uniforms and was transported to Korea without proper authorization, he nevertheless had no official military status and was not entitled to any benefits as a Soldier or a civilian during the time he was held as a POW with the members of the unit that he was serving. He voluntarily deployed to a combat zone with his unit in an armed and uniformed status, without training on 4...
ARMY | BCMR | CY2004 | 2004103494C070208
The DODFMR paragraph 010101 sets forth the policy and provisions for crediting service for basic pay purposes. Both Paragraphs 010101 and 010102A6 apply to the applicant's case. As noted in the original case the applicant served on active duty for 1 year, 10 months and 13 days and desires credit for 2 full years so that he can qualify for VA benefits.
ARMY | BCMR | CY2004 | 2004103548C070212
The applicant states, in effect, that his name was placed on the TDRL in June 2003 but he continued to receive pay and allowances of an active duty Soldier and was also promoted to pay grade E-5. The documents placing the applicant’s name on the TDRL, including Medical Evaluation Board (MEB) Proceedings (Department of the Army Form 3947) were executed at the United States Army Physical Disability Agency located at Walter Reed Army Medical Center. The MEB proceedings indicate that the...
ARMY | BCMR | CY2004 | 2004103549C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. After advanced individual training, he received a promotion to the rank of Private First Class. The applicant's request for administrative discharge from the Army, in lieu of court martial, is on file in the applicant's service personnel records for review.