ARMY | BCMR | CY2004 | 2004106177C070208
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s Military Personnel Records Jacket (MPRJ) contains no derogatory information and there is no documented record of a disqualification from any of the applicant's active duty commanders that would have precluded her from receiving the 2nd Award of the AGCM. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2004 | 2004106178C070208
Laverne Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. His DD Form 214 (Report of Transfer or Discharge) does not show award of the Purple Heart. 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 Combat Infantryman Badge, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Gallantry...
ARMY | BCMR | CY2004 | 2004106180C070208
As a result of this decision, section 503 of the National Defense Authorization Act for FY 2002 enacted Title 10, U. S. Code, section 1558 and amended Title 10, U. S. Code, section 628 to require that members challenging unfavorable treatment by a selection board to apply to their Service Secretary for consideration by a special board or a special selection board. Although the applicant specifically states he does not request correction of his records to show he served the additional time...
ARMY | BCMR | CY2004 | 2004106182C070208
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that an official Army publication, "Vietnam Studies, U. S. Army Special Forces 1961 – 1971," Center for Military History Publication 90-23, Department of the Army, Washington, D. C., 1989 (first printed in1973) states that his unit, the 281st Aviation Company, was assigned in the direct chain of command and support to the 5th...
ARMY | BCMR | CY2004 | 2004106200C070208
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. However, by regulation, the RE-4 code assigned the applicant was the proper code to assign members separating under the provisions of Army Regulation 635-40, by reason of physical disability. As a result, the Board further determined that there is no evidence provided which shows that it would be in the...
ARMY | BCMR | CY2004 | 2004106209C070208
He states that he later received his discharge papers from the Oklahoma ARNG and his rank was erroneously listed as private/E-2 (PV2). The evidence of record confirms the applicant held the rank of SP4 upon his honorable REFRAD on 7 January 1992, as is properly reflected on his DD Form 214. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2004 | 2004106212C070208
The applicant’s record contains no orders or documents indicating the applicant was actually promoted to PV2 by proper authority prior to 27 December 1967, as is recorded in his Personnel Qualification Record. The existence of an accelerated advancement recommendation from his unit commander alone does not prove any error or injustice related to his advancement to PV2. Thus, the time for him to file a request for correction of any error or injustice expired on 15 December 1985.
ARMY | BCMR | CY2004 | 2004106221C070208
He was promoted to the pay grade of E-2 on 20 November 1969. On 6 October 1970, the applicant was seen by a psychiatrist who stated that he appeared to have a character disorder of the part for which a discharge from the service under the provisions of Army Regulation 635-212, would be a most appropriate solution. The Report of Transfer or Discharge (DD Form 214) indicates that the applicant was discharged on 9 July 1973, under the provisions of Army Regulation 635-200, chapter 13, for...
ARMY | BCMR | CY2004 | 2004106231C070208
He had completed 1 year, 4 months and 29 days of total active service. The United States Court of Appeals, observing that applicants to the 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. There is...
ARMY | BCMR | CY2004 | 2004106232C070208
The applicant’s military records are not available to the Board. The undated DD Form 95 provided by the applicant states, "(applicant), Your reporting date for 6 Months active duty is, 5 Jul6 1967. The DD Form 95 provided by the applicant is noted; however, the available evidence shows he was released from active duty after only 16 weeks.
ARMY | BCMR | CY2004 | 2004106233C070208
Eloise C. Prendergast | |Member | | |Ms, Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The evidence of record confirms the applicant was separated under the provisions of paragraph 4-24b(4), by reason of...
ARMY | BCMR | CY2004 | 2004106239C070208
The applicant requests, in effect, that discharge from the United States Army Reserve (USAR) be voided and that he be reinstated in a USAR status that authorizes the continued payment of his earned Voluntary Separation Incentive (VSI) benefits. The record confirms the applicant served honorably on active duty for over 11 years and was entitled to the VSI payments for 22 years upon his separation from active duty in 1994. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2004 | 2004106242C070208
He was sentenced to a BCD, confinement at hard labor for 1 year, a reduction to the pay grade of E-1 and total forfeiture of pay. Accordingly, on 9 April 1985, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 3, as a result of a duly reviewed and affirmed general court-martial conviction. 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 failure...
ARMY | BCMR | CY2004 | 2004106244C070208
On 8 July 1960, the commanding general of the United States Army Ordnance Training Center, APG, denied the applicant’s request for hardship discharge. The applicant’s unit commander initiated action to eliminate the applicant from service under the provisions of Army Regulation 635-208, by reason of unfitness, and recommended that he receive an UD. On 28 November 1960, the applicant was discharged accordingly.
ARMY | BCMR | CY2004 | 2004106247C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 January 2005 DOCKET NUMBER: AR2004106247 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. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions. The applicant contends that his discharge should be upgraded because at the time of...
ARMY | BCMR | CY2004 | 2004106255C070208
On 28 November 1979, the separation authority approved the applicant’s request for discharge and directed that he receive an UOTHC discharge. On 22 February 1982, the Army Discharge Review Board voted to deny the applicant’s request for an upgrade of his discharge after concluding that 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...
ARMY | BCMR | CY2004 | 2004106264C070208
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, Company D, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 19 June 1968 through 31 July 1970, by Department of the Army General Orders (DAGO) 51, dated 1971; and the Republic...
ARMY | BCMR | CY2004 | 2004106266C070208
The applicant requests the award of the Purple Heart (PH), Combat Infantryman Badge (CIB), and Bronze Star Medal (BSM) with "V" Device. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which is not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.
ARMY | BCMR | CY2004 | 2004106276C070208
The applicant requests that the award of the Purple Heart and the schools that he completed be reflected on his DD Form 214 (Report of Transfer or Discharge). The applicant's records contain no other evidence concerning any injuries or any medical documents, to include the medical proceedings which resulted in his placement on the TDRL and his disability discharge. These awards are reflected on his 27 September 1967 DD Form 214.
ARMY | BCMR | CY2004 | 2004106309C070208
She also states that the Board in its original conclusions stated that promotion to LTC would require seven years of service as a MAJ and adjusting her MAJ date of rank to 1 November 1997 would still not make her eligible for promotion to LTC. In its original conclusions, the Board found the applicant applied for accession into the AGR program prior to the release of the 1997 DA MAJ RCSB and elected to delay her promotion by the Troop Program Unit (TPU) in which she was serving in order to...
ARMY | BCMR | CY2004 | 2004106310C070208
If, at the time of that determination, the physical disability for which the member's name was carried on the TDRL still exists, it shall be considered to be of a permanent nature and stable. Therefore, it would be equitable to correct his records to show he was removed from the TDRL and permanently retired by reason of physical disability effective 28 May 1998 with a 40 percent disability rating. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2004 | 2004106311C070208
On 9 August 1990, the United States Army Court of Military Review affirmed the findings and approved the sentence of the general court- martial. There is no evidence available to indicate the applicant ever petitioned the United States Court of Military Appeals for review of the decision of the Army Court of Military Review. The applicant was placed in pretrial confinement on 10 October 1989 and adjudged on 25 January 1990, a period of only 3 months and 15 days.
ARMY | BCMR | CY2004 | 2004106312C070208
The evidence of record confirms the applicant served in an ARNG unit for only 1 year. 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. Therefore, the time for him to file a request for correction of any error or injustice expired on 26 February 1979.
ARMY | BCMR | CY2004 | 2004106314C070208
The 11 June 1986 letter provided by the applicant is new evidence which will be considered by the Board. On 23 March 1971, the applicant completed a separation physical examination and was found qualified for separation. On 28 June 1971, the applicant was discharged, with an undesirable discharge, under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-212 for unfitness.
ARMY | BCMR | CY2004 | 2004106316C070208
The applicant requests, in effect, that his records be corrected and that he be issued the following awards: Purple Heart (PH), Good Conduct Medal (GCMDL), Bronze Star Medal (BSM), 4 awards, Expert Marksmanship Qualification Badge, and that he be given a battlefield commission to the rank of second lieutenant. The applicant’s military records show he was inducted into the Army of the United States on 5 September 1969. This document shows the units to which the applicant was assigned were...
ARMY | BCMR | CY2004 | 2004106338C070208
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. The applicant requested correction of his records to show award of the ARCOM. The applicant's available records do not contain any evidence to show he was awarded the Expert Marksmanship Badge with Rifle Bar (M-16).
ARMY | BCMR | CY2004 | 2004106339C070208
The Official Statement of Military Service on file pertaining to the applicant confirms he served as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the Armed Forces of the Untied States, pursuant to the Call of the President of the United States, dated 26 July 1941, from 10 May 1942 until being honorably discharged on 20 November 1945. On 16 September 1949, an official of Headquarters, Adjutant General Records Depository, Philippines...
ARMY | BCMR | CY2004 | 2004106343C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 December 2004 DOCKET NUMBER: AR2004106343 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 documents provided by the applicant are new evidence which will be considered by the Board. Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained as a result of...
ARMY | BCMR | CY2004 | 2004106344C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 January 2005 DOCKET NUMBER: AR2004106344 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. 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...
ARMY | BCMR | CY2004 | 2004106346C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 January 2005 DOCKET NUMBER: AR2004106346 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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...
ARMY | BCMR | CY2004 | 2004106347C070208
The applicant requests, in effect, that his discharge papers reflect that he was wounded in combat and that he be awarded the Purple Heart. 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. Therefore, the Board requests that the CMSD-St. Louis administratively correct the applicant's DD Form 214, with an effective date of 14 August 1954, to show...
ARMY | BCMR | CY2004 | 2004106357C070208
Paul M. Smith | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that the Army said he was "bipolar" before he entered the service. 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.
ARMY | BCMR | CY2004 | 2004106411C070208
Yolanda Maldonado | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides his DD Form 2656, his spouse's concurrence, and two DD Forms 214 (for the periods ending 3 June 2002 and 31 December 2003). The SBP provided that military members on active duty could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents.
ARMY | BCMR | CY2004 | 2004106456C070208
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record confirms the total period of active military service covered by the DD Form 214 in question is 2 years, 10 months and 15 days. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2004 | 2004106468C070208
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, Company A, 5th Battalion, 7th Cavalry Regiment, 5th Infantry 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 (DAGO) 59, dated 1969. Evidence shows...
ARMY | BCMR | CY2004 | 2004106492C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 February 2005 DOCKET NUMBER: AR2004106492 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 17 March 1994, be corrected to show that: a. The applicant's DD Form 214 issued on 17 March 1994...
ARMY | BCMR | CY2004 | 2004106500C070208
The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to reflect his induction date of 10 May 1971 and to correct his social security number (SSN). The applicant's OMPF (official military personnel file) contains, with two exceptions, only those documents prepared subsequent to his release from active duty, that is, his records as a Reserve component Soldier. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2004 | 2004106504C070208
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, during his service in Vietnam, Company A, 2nd Battalion, 3rd Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 19 June 1968 through 31 July 1970, by Department of the Army General Orders...
ARMY | BCMR | CY2004 | 2004106506C070208
Counsel requests, in effect, that the request for reconsideration for a change to the narrative reason for the separation of his client and the RE code applied to his client's DD Form 214, Certificate of Release or Discharge from Active Duty, be reviewed by the Army Board for the Correction of Military Records (ABCMR), base on newly discovered evidence. Item 21 (Commanders' Assessment) was checked, "Failure." On 21 February 1996, the applicant's commander initiated action to separate him...
ARMY | BCMR | CY2004 | 2004106518C070208
Captain F___ imposed the punishment and directed the DA Form 2627 be filed in the applicant's restricted fiche. Army Regulation 27-10 in effect at the time, dated 10 December 1985, stated in paragraph 3-37b(1) that, for those records where punishment was imposed on or after 1 November 1982, the decision to file the original DA Form 2627 on the performance fiche or the restricted fiche in the OMPF would be determined by the imposing commander at the time punishment was imposed. He provides...
ARMY | BCMR | CY2004 | 2004106544C070208
She contended she did not receive any briefing on the SBP and so did not know that, because her husband was 75 years of age, the SBP annuity would be reduced to 35 percent of her retired pay. The SSBP annuity (5, 10, 15 or 20 percent of full retired pay) would be paid in addition to the standard 35 percent-tier payment for surviving spouses age 62 and older. She could have received that information from any one of the three Army installation Retirement Services Officers near her.
ARMY | BCMR | CY2004 | 2004106546C070208
Therefore, there are no Army records that the Board can correct that would allow the repayment of the applicant’s non-qualifying loans under the LRP. In doing so, 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 official processing a Soldier for enlistment as payable under the LRP and the Government fails to verify that the student loan accepted actually is eligible under the Higher...
ARMY | BCMR | CY2004 | 2004106548C070208
The applicant requests, in effect, that her American Education Services (AES) loan in the amount of $36,250.15 be declared qualified for payment in accordance with the Army Student Loan Repayment Program (LRP). Therefore, there are no Army records that the Board can correct that would allow the payment of the applicant’s non-qualifying loans under the LRP. 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...
ARMY | BCMR | CY2004 | 2004106563C070208
The applicant provides a statement from his wife; a timeline of events; his DD Form 2475 (DOD Educational Loan Repayment program (LRP) Annual Application); and a letter dated 21 November 2001 from the Chief, Education Incentives and Counseling Branch, U. S. Total Army Personnel Command (PERSCOM). 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...
ARMY | BCMR | CY2004 | 2004106575C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 January 2005 DOCKET NUMBER: AR2004106575 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. Delia R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 23 August 1982, the applicant was notified by his unit commander that action was...
ARMY | BCMR | CY2004 | 2004106579C070208
He claims that subsequent to completing MOS training he was sent to the basic airborne course at Fort Benning, Georgia, with a tentative ultimate assignment to the 2nd Ranger Battalion. The record does includes a separation document (DD Form 214) that confirms on 17 November 1988, the applicant was separated under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial and received an UOTHC discharge. However, there is...
ARMY | BCMR | CY2004 | 2004106580C070208
On 2 April 1980, the separation authority directed the applicant’s separation under the provisions of chapter 14, Army Regulation 635-200 with an UOTHC discharge. On 27 May 1983, the Army Discharge Review Board (ADRB), after carefully considering the applicant’s case, determined that his discharge was proper and equitable and denied his request for an upgrade of his discharge. The character references provided by the applicant were also considered, but his post service conduct alone is not...
ARMY | BCMR | CY2004 | 2004106581C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 2.The applicant states that his discharge was derived from a major misunderstanding involving authorities of Fort Campbell, Kentucky and he feels that what is alleged against him is an error of the government. 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 | 2004106582C070208
His 24 June 1967 DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the Army Aviator Badge, the Vietnam Campaign Medal, the Vietnam Service Medal, the National Defense Service Medal and the Air Medal with 10 Oak Leaf Clusters. The applicant's records show that he was wounded while in action against an enemy and indicate that he was awarded the Purple Heart, although the orders are not contained in the available records. As a result, the Board recommends that all...
ARMY | BCMR | CY2004 | 2004106584C070208
The available evidence does support correcting the applicant's record to show award of the BSM as a result of his having received the CIB, and two bronze service stars to be worn on the EAME Campaign Medal. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the BSM and two bronze service...