ARMY | BCMR | CY2004 | 2004104880C070208
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the records of her former spouse, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) election to former spouse coverage. 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...
ARMY | BCMR | CY2004 | 2004104881C070208
The applicant requests, in effect, correction of Item 17c (Date of Entry) of his separation document (DD Form 214). A Record of Induction (DD Form 47) on file in the applicant’s Military Personnel Records Jacket (MPRJ) confirms in Item 22a (Date of Induction) that he was inducted and entered active duty on 22 September 1966. The evidence of record confirms the applicant was inducted into the Army and entered active duty on 22 September 1966.
ARMY | BCMR | CY2004 | 2004104891C070208
The applicant requests, in effect, that his discharge for disability with severance pay be corrected to show that he was retired as a result of a physical disability. He also could not reenlist or pass a physical examination for a disability separation. He was compliant with the recommendations of physical therapy, but received no relief from the lower back pain with therapy.
ARMY | BCMR | CY2004 | 2004104893C070208
Melvin H. Meyer | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Further, the evidence of record confirms that based on his service and campaign participation in the ETO, the applicant is entitled to the Army of Occupation Medal with Germany Clasp and to 2 bronze service stars with his European-African-Middle Eastern Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2004 | 2004104894C070208
Jonathon Rost | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On his enlistment documents, he indicated that he took an administrative reduction to pay grade E-5 when he transferred from the California Army National Guard to the Ohio Army National Guard in 1995. The applicant had no military status from December 1995 until his enlistment in the Army Reserve in pay grade E-4 in July 1998.
ARMY | BCMR | CY2004 | 2004104906C070208
There is no evidence that the applicant received permanent Federal Recognition for initial appointment as a warrant officer one from the National Guard Bureau within the six-month period required by National Guard/Army regulations. 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 qualified. If the member meets the qualifications and requirements...
ARMY | BCMR | CY2004 | 2004104965C070208
The applicant’s military record shows that he was inducted into the Army of the United States on 26 June 1968. 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....
ARMY | BCMR | CY2004 | 2004104969C070208
The applicant requests that his General Discharge (GD) be upgraded to an Honorable Discharge (HD). 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. The evidence of record shows that the applicant was charged the offense of AWOL.
ARMY | BCMR | CY2004 | 2004104977C070208
The applicant requests that his DD Form 214 be corrected to show award of the Purple Heart. Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2004 | 2004104982C070208
The applicant's medical records, to include the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) proceedings are not available. The rating action by the VA does not show that the applicant has been awarded a 70 percent disability rating. The applicant does not dispute the disability rating awarded by the Army or his discharge with severance pay on 16 May 2003, but contends only that he should be medically retired because of an increase by the VA in his disability rating.
ARMY | BCMR | CY2004 | 2004104989C070208
d. The applicant's failure to timely file her request for correction of her military records should be excused because of her mental condition. On 12 February 1980, the applicant went AWOL from her unit in Germany. Army policy states that although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.
ARMY | BCMR | CY2004 | 2004104991C070208
The applicant requests that his record be corrected to show his rank as second lieutenant when he was discharged in 1944. In this, his current request to the Board, the applicant has yet failed to show that he completed or that he attended OCS, or that he was entitled to the rank and pay of a second lieutenant. The evidence shows that the applicant was discharged in the rank of private.
ARMY | BCMR | CY2004 | 2004105003C070208
The applicant was apparently considered but not selected for promotion to captain for the first time in 2001. 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: a. showing that he was awarded his baccalaureate degree on 21 October 2002 (but ceremoniously presented his degree on 30 November 2002); and b. submitting his...
ARMY | BCMR | CY2004 | 2004105038C070208
The applicant states, in a letter addressed to the U. S. Army Reserve Personnel Command, that his file should have been boarded for promotion to major in March 1999 but due to an administrative delay during his transition from active duty to Active Guard Reserve (AGR) status the consideration of his eligibility fell between two personnel management systems. Army Regulation 600-8-29 (Officer Promotions) states, in pertinent part, that an officer is eligible for consideration by a...
ARMY | BCMR | CY2004 | 2004105048C070208
It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN. The record also confirms the applicant was awarded the BSM with “V” Device and the BSM, for meritorious service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 1 (Name) of his 13 March 1970 DD Form 214 by correcting his last name...
ARMY | BCMR | CY2004 | 2004105049C070208
The applicant states in effect that a lieutenant colonel, pay grade O- 5, did not have the authority to reduce him. Department of the Army had that authority. These letters, and his record of satisfactory service, both before and after his court-martial, as evidenced by his evaluation reports, are insufficient to grant him the relief requested.
ARMY | BCMR | CY2004 | 2004105058C070208
The applicant requests that his general discharge be upgraded to an honorable discharge; and that his reentry eligibility (RE) code be changed from RE-3 to one that will allow him to enlist in the Air Force or the Navy. Accordingly, on 30 June 2000, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14-12b, based on an established pattern of misconduct. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals...
ARMY | BCMR | CY2004 | 2004105065C070208
He further stated his children had changed their names and he was under no obligation to provide them RCSBP under the terms of the divorce decree and he requested his children be removed from coverage. The evidence of record confirms that upon becoming eligible to receive retired pay at age 60 in 1983, the applicant elected “Spouse and Child” RCSBP coverage under Option C (Immediate Coverage), as evidenced by the DD Form 1883 he completed at that time. However, the applicable law does not...
ARMY | BCMR | CY2004 | 2004105068C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, an upgrade of her general, under honorable conditions discharge (GD) to an honorable discharge (HD). Therefore, the Board determined the overall merits of this case regarding an upgrade of her discharge is insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2004 | 2004105081C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his discharge be upgraded from under other than honorable conditions to an honorable discharge.
ARMY | BCMR | CY2004 | 2004105092C070208
The applicant states that he was discharged with disability severance pay, rather than waiting to draw retirement pay at age 60. COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: Counsel's requests and statements mirror those of the applicant, also indicating that at that time in 1985 the applicant was advised that his prognosis was poor and that if lucky, he would have three more years to live after the 1985 surgery, and that with two college-age children the applicant believed that the severance...
ARMY | BCMR | CY2004 | 2004105103C070208
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Chapter 12 (Retirement for Length of Service) sets policies and procedures for voluntary retirement of Soldiers because of length of service and governs the retirement of Soldiers (Active Army, ARNGUS, and USAR) who are retiring in their enlisted status. The applicant, as a retired Colonel, is not entitled to creditable active Federal service for his time...
ARMY | BCMR | CY2004 | 2004105121C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He states that after having completed his initial period of enlistment, which included combat service and being wounded in action he was returned to duty with his unit. A review of the available information 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.
ARMY | BCMR | CY2004 | 2004105156C070208
On the 24th March 1945, taking off from marshalling areas in France in nearly perfect weather, nearly 4000 aircraft from the British 6th Airborne Division and the 17th US Airborne Division dropped paratroopers behind enemy lines, into Westphalia in the vicinity of Weselon, east of the Rhine River. Army Regulation (AR) 135-100, Appointment of Commissioned and Warrant Officers of the Army, prescribes policy and procedures for the appointment of commissioned and warrant officers in the Army...
ARMY | BCMR | CY2004 | 2004105171C070208
The applicant states, in effect, he was wounded in action while serving in the Republic of Vietnam (RVN). He claims that he was awarded the PH, but it was not included in the list of awards on his separation document (DD Form 214). It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action.
ARMY | BCMR | CY2004 | 2004105185C070208
However, the evidence of record confirms no service in MOS 95B and that the applicant’s service as a drill sergeant is fully documented. Therefore, there is insufficient evidence to show any error or injustice related to the documentation of his drill sergeant service in the record. The evidence of record provides no indication that the applicant ever served in MOS 95B during his USAR service.
ARMY | BCMR | CY2004 | 2004105189C070208
Robert J. Osborn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The March 2004 letter noted that Captain P___ had a Doctorate in Psychology and that her progress notes indicated the applicant had been diagnosed with personality disorder not otherwise specified with histrionic and obsessive-compulsive traits. Pertinent Army regulations provide that prior to discharge or release from active duty individuals will be...
ARMY | BCMR | CY2004 | 2004105199C070208
There are no orders in the applicant's military service records awarding him the Combat Infantryman Badge. There are no orders in the applicant's military service records awarding him the Sharpshooter Marksmanship Qualification Badge for the M14. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show: a. award of two Overseas Service Bars; b. award of three bronze service stars to be worn on his Vietnam Service...
ARMY | BCMR | CY2004 | 2004105201C070208
The applicant requests, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show his correct organization. This case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55 and the unit history provided by the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that his arm or service was Signal...
ARMY | BCMR | CY2004 | 2004105227C070208
The applicant provides: a. In doing so, the applicant’s military records may be corrected to show her DA Form 3286-66 was amended to include the sentence “If a student loan is accepted by the official processing you for enlistment as payable under the LRP and the government fails to verify that the student loan accepted actually is eligible under the Higher Education Act of 1965 and such failure results in nonpayment of the loan by the LRP or the repayment or default of the loan, the Army...
ARMY | BCMR | CY2004 | 2004105233C070208
The recruiter stated that all of the outstanding loans at the time of the applicant's enlistment, made in both the applicant's name and that of his father, were in good standing and met all of the qualifications required by the Army for repayment. The applicant’s military records may be corrected to show his DA Form 3286-66 was amended to include the sentence “If a student loan is accepted by the officials processing you for enlistment as payable under the LRP and the government fails to...
ARMY | BCMR | CY2004 | 2004105238C070208
In this memorandum, he indicated that as the reviewer on the NCOER, he nonconcurred with rater and senior rater evaluations and was providing the attachment to clarify the situation and to indicate what he considered to be a proper evaluation of the applicant’s performance and potential during the period covered by the report. He also stated that upon returning to the unit, he was informed the findings of the CI were conclusive in that the applicant discharged his weapon inside a building...
ARMY | BCMR | CY2004 | 2004105250C070208
On 31 July 1969, he enlisted in the Army for 2 years, in the pay grade of E-1. 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. 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...
ARMY | BCMR | CY2004 | 2004105253C070208
On 13 March 1985, the applicant's commander recommended that the applicant be separated under the provisions of chapter 13, Army Regulation 635-200 for unsatisfactory performance. The applicant's DD Form 214 shows that on 22 March 1985, he was discharged under the provisions of chapter 13, Army Regulation 635-200, for unsatisfactory performance with a GD. The applicant's discharge proceedings were conducted in accordance with law and regulations applicable at the time.
ARMY | BCMR | CY2004 | 2004105254C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 January 2005 DOCKET NUMBER: AR2004105254 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 January 1978, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge. This service includes his service in both Germany and the RVN.
ARMY | BCMR | CY2004 | 2004105257C070208
Semma E. Salter | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 19 April 2002, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge after concluding his discharge was proper and equitable. 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...
ARMY | BCMR | CY2004 | 2004105270C070208
The applicant provides his disenrollment board proceedings; an ROTC Cadet Command Form 131-R (Cadet Action Request); his notice of disenrollment; his appeal and Headquarters, U. S. Army Cadet Command's 13 February 2004 response; and a letter dated 14 April 2004 from Alabama Psychiatric Services, P.C. At that point, the Army was remiss by not recommending the applicant receive a medical examination by a military medical officer to determine if he was medically qualified to continue in ROTC...
ARMY | BCMR | CY2004 | 2004105271C070208
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, Troop C 1st Squadron, 1st Cavalry, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 24 August through 31 December 1969 and for...
ARMY | BCMR | CY2004 | 2004105274C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 DECEMBER 2004 DOCKET NUMBER: AR2004105274 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 that the 21 October 1977 Physical Evaluation Board (PEB) proceedings (DA Form 199) be corrected by checking item 10 on that form to show that his permanent retirement was based on a...
ARMY | BCMR | CY2004 | 2004105278C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. As a result, there is no error to the active duty service credit he received and there is no basis to support granting him service credit for active duty service he did not actually perform. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2004 | 2004105281C070208
The applicant signed his request for discharge which showed that he was afforded the opportunity to speak with counsel; that he was advised that he may be furnished a General Under Honorable Conditions Discharge Certificate. On 27 April 1984, the applicant was discharged from active duty and issued a General Discharge Certificate based on chapter 13 of Army Regulation 635-200. Records show that the applicant had completed 2 years, 5 months, and 16 days of active service.
ARMY | BCMR | CY2004 | 2004105292C070208
He was discharged from the Army Reserve on 4 December 1979. In a 26 February 2004 message to the Army Reserve Command, an official of the 98th Division requested advice regarding the applicant's discharge, stating that she had a record of talking with the applicant's unit at that time [2002] and advising them that he should go to the Retired Reserve; however, the unit informed her that the applicant wanted to be discharged, and his ETS had already passed. In the interim, the member may use...
ARMY | BCMR | CY2004 | 2004105293C070208
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect her maiden name and to show the correct amount that she received in disability severance pay. There is no evidence, and the applicant has not provided any to show the amount of disability severance pay that she states that she did receive. Therefore, her request to correct her record to show some other amount is not granted.
ARMY | BCMR | CY2004 | 2004105294C070208
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Meritorious Unit Citation and the Korean Defense Service Medal. The 2003 National Defense Authorization Act authorized award of the Korean Defense Service Medal to members of the Armed Forces who served on active duty in support of the Republic of Korea from 28 July 1954 to a date to be determined. As a result, the Board recommends that all...
ARMY | BCMR | CY2004 | 2004105295C070208
A review of the available record shows that the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge on 12 February 1977 and again on 21 July 1980. However, he had NJP imposed against him and he was convicted by three special courts-martial as a result of his acts of misconduct. However, the applicant was discharged from the Army on 4 December 1972 and there is no evidence in the available record that shows that he suffered from PTSD while he was in the Army.
ARMY | BCMR | CY2004 | 2004105298C070208
In effect, the applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Purple Heart and reflect his rank as sergeant E-5. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart, the Army Good...
ARMY | BCMR | CY2004 | 2004105306C070208
The application submitted in this case is dated 8 March 2004. On 24 February 1999, the Army Discharge Review Board denied the applicant’s request for an upgrade of his 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...
ARMY | BCMR | CY2004 | 2004105344C070208
The applicant provides: a. He was separated by reason of "misconduct – pattern of misconduct" with a general discharge. Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 February 1984, the date of his separation with a general discharge; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 8 February 1987.
ARMY | BCMR | CY2004 | 2004105346C070208
In a 10 September 2003 sworn statement a military pay technician for the United States Property and Fiscal Office (USPFO), North Dakota National Guard stated that information on the applicant, married to an active duty Air Force member, was erroneously loaded [in the finance system] in October 2002 at the BAH with dependents rate. The applicant, herself, however, did not so request in her application to this Board. As a result, the Board recommends that the record be corrected to show that...
ARMY | BCMR | CY2004 | 2004105354C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 January 2005 DOCKET NUMBER: AR2004105354 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 9 June 1999, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge. As a result, the time for the applicant to file a request for correction of any error or injustice...