ARMY | BCMR | CY2005 | 20050002605C070206
The applicant’s military records are not available to the Board. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he was awarded the Vietnam Service Medal with one silver service star.
ARMY | BCMR | CY2005 | 20050002609C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 7 February 1986, the separation authority approved the applicant's request for discharge and directed that he be furnished a discharge under other than honorable conditions. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2005 | 20050002617C070206
Patrick H. McGann Jr. | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his Department of Veterans Affairs (VA) rated disability for back strain be approved for Combat-Related Special Compensation (CRSC). In his second application he states that he wants the Purple Heart he was issued for hurting his back when his APC ran over a landmine “added.” 4.
ARMY | BCMR | CY2005 | 20050002623 C070206
Brenda K. Koch | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that he lost his hearing during the Korean War on Heart Break Ridge while serving as an artillery sergeant. Due to cost constraints, while all military retirees will eventually receive concurrent receipt of VA disability compensation, only those military retirees who have disabilities incurred in combat, or in conditions simulating combat...
ARMY | BCMR | CY2005 | 20050002635C070206
The applicant states he was awarded the Combat Infantryman Badge on 13 January 1968 and awarded the Air Medal on 25 December 1968. Evidence of record also shows that he received two awards of the Bronze Star Medal and his unit was cited for the Valorous Unit Award while he was assigned to it in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show that he was awarded the Combat...
ARMY | BCMR | CY2005 | 20050002638C070206
The applicant's military service record shows that he was inducted into the U.S. Army on 18 May 1970. There are no orders in the applicant’s service personnel record which shows that he was awarded the Purple Heart and his DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant (then, a...
ARMY | BCMR | CY2005 | 20050002641C070206
Brenda K. Koch | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On his VA rating decision it was stated that “Your contentions were that due to parachute landing falls in service you had arthritis of the lumbar spine . However, the VA rating decision cited by the applicant states that the applicant reported that his degenerative arthritis of spine was due to parachute jumping, and that there were no medical records to show...
ARMY | BCMR | CY2005 | 20050002642C070206
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his rank as major (MAJ). Department of the Army, United States Army Regional Personnel Center, Frankfurt Orders 153-12 dated 30 November 1976 released the applicant from active duty on 13 February 1977. The applicant was released from active duty on 13 February 1977 in the rank of CPT.
ARMY | BCMR | CY2005 | 20050002646C070206
It is probable, because the MOS realignment action was only a few months old at the time the applicant's Application for Voluntary Retirement was prepared, that an incorrect MOS was entered on the form. Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 August 1978; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 August 1981. The Board determined that the evidence...
ARMY | BCMR | CY2005 | 20050002651C070206
On 5 November 1984, the applicant accepted nonjudicial punishment (NJP) for failure to go at the prescribed time to his appointed place of duty. He was advised by legal counsel of the basis for the contemplated action to separate him for misconduct, under Army Regulation 635-200, chapter 14, and of the rights available to him. On 13 June 1985, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635- 200, chapter 14-12b, for misconduct-pattern of...
ARMY | BCMR | CY2005 | 20050002652C070206
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 15 July 1963 to 14 July 1966 be corrected to show in Block 24c that he served 2 years, 10 months, and 21 days foreign service in Turkey. The second DD Form 214 covers the period from 15 July 1963 to 14 July 1966 and does not reflect any foreign service. Records show the applicant should have discovered the alleged error now under consideration on 14 July 1966;...
ARMY | BCMR | CY2005 | 20050002653C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. 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...
ARMY | BCMR | CY2005 | 20050002654C070206
Scott W. Faught | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected to show award of the Good Conduct Medal, the National Defense Service Medal, and the Korea Defense Service Medal. Army Regulation 600-8-2, paragraph 2-10, states that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954; 1 January...
ARMY | BCMR | CY2005 | 20050002655C070206
The applicant requests, in effect, award of the Meritorious Service Medal (MSM), Army Good Conduct Medal (AGCM), Expert Infantryman Badge (EIB), and Marksman Qualification Badge with Machine Gun Bar (M-60). As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 24 July 1969 through 26 January 1972. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2005 | 20050002659C070206
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his Reserve obligation termination date in item 6 and to correct item 12c and item 12d to show he completed 12 years total active duty service and 12 years total prior active service. The applicant states, in effect, his DD Form 214 does not show his reserve obligation termination date, his active service and prior active service. The Board determined that the evidence...
ARMY | BCMR | CY2005 | 20050002661C070206
The applicant requests correction of his enlistment contract to show he is authorized an enlistment bonus. The applicant's DD Form 1966/3 indicated he was authorized a cash bonus of $3,000 per DA Message 120730Z November 1998. Based on the advisory opinion provided by the Chief of the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, there was a $3,000 seasonal bonus in effect on the date of the applicant's enlistment in November 1998 and...
ARMY | BCMR | CY2005 | 20050002666C070206
Richard T. Dunbar | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides the partial denial of his CRSC application, a VA disability rating decision, orders showing that he attended the Combat Diver’s Course, a description of the Combat Diver’s Course, and two pages from his military medical records. In that record it is recorded that the applicant was experiencing pain in his left shoulder that began the...
ARMY | BCMR | CY2005 | 20050002669C070206
Her time served on active duty and her Reserve time should have given her enough time to have received a 20-Year Letter. The evidence of record shows the applicant enlisted in the Regular Army on 7 September 1976 and was honorably discharged on 5 July 1979 for immediate reenlistment. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2005 | 20050002679C070206
Michael J. Flynn | |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 | CY2005 | 20050002680C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 November 2005 DOCKET NUMBER: AR20050002680 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 states, in effect, he would like to be awarded the BSM based on his World War II service, and to have this award added to his separation document (WD AGO Form 53-55). The applicant’s military records...
ARMY | BCMR | CY2005 | 20050002702C070206
The applicant’s military records are not available to the Board for review. Although his separation document does confirm that he was awarded the Combat Infantryman Badge, there is no evidence he was wounded in action. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2005 | 20050002705C070206
The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge under the Department of Defense (DOD) Special Discharge Review Program (SDRP) on 6 April 1977. The program mandated upgrade of administrative discharges if the applicant met one of seven specified criteria, to include various aspects of service in Vietnam. There is no evidence, and the applicant has provided none, to support his allegations or to show that he was diagnosed with PTSD while on AD...
ARMY | BCMR | CY2005 | 20050002706C070206
Carmen Duncan | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence showing that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statue of limitations. 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 to timely file this application...
ARMY | BCMR | CY2005 | 20050002707C070206
The applicant states, in effect, that while on active duty he didn’t realize how his actions and behavior would have a negative effect on him, his career in the military and his life ever since being separated from the military with a BCD. The record reveals a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), and his conviction by a special court-martial (SPCM). The Board...
ARMY | BCMR | CY2005 | 20050002709C070206
Army Regulation 600-8-22 provides, in pertinent part, 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. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Army Occupation Medal with Germany Clasp.
ARMY | BCMR | CY2005 | 20050002710C070206
The applicant requests that his undesirable discharge (UD) be upgraded to a honorable or a general discharge (GD). The applicant states that upon his return from Vietnam, he was unable to adjust to state-side duty. There is no evidence in the applicant's records, and the applicant has provided none, to show that he applied for an upgrade of his discharge to the ADRB within its 15-year statute of limitations.
ARMY | BCMR | CY2005 | 20050002713C070206
The applicant’s military records show that while serving as the First Sergeant of Central Command, on 5 January 1989 he was given a physical profile for asthma. The applicant had submitted documents showing that his overweight condition was due to a cortisone drug he was taking for asthma, and his physical fitness program was limited due to his asthma. Army Regulation 601-280, paragraph 2-20, dated 15 December 1988, stated that Soldiers failing to meet retention standards of Army...
ARMY | BCMR | CY2005 | 20050002717C070206
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that he injured his back in February 1976 while training for combat. Incurring a disability while in a theater of operations or while on a training exercise is not, in and of itself, sufficient to grant a military retiree CRSC.
ARMY | BCMR | CY2005 | 20050002720C070206
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his Department of Veterans Affairs (VA) rated disability for hearing loss be approved for Combat-Related Special Compensation (CRSC). Due to cost constraints, while all military retirees will eventually receive concurrent receipt of VA disability compensation, only those military retirees who have disabilities incurred in combat,...
ARMY | BCMR | CY2005 | 20050002722C070206
The applicant’s military records are not available to the Board for review. It states, in pertinent part, that the PH is awarded to any member of an Armed Force who is wounded or killed in action. Therefore, it would be appropriate to correct the applicant’s record to show he was wounded in action in Korea, and to award him the PH.
ARMY | BCMR | CY2005 | 20050002724C070206
Allen L. Raub | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Form 214 (Report of Separation From Active Duty) be corrected to correctly show his period of foreign service. The applicant states that his DD Form 214 currently only shows 1 day of foreign service but that he was in Vietnam from July 1970 through August 1971.
ARMY | BCMR | CY2005 | 20050002726C070206
The instructions further provide that, if they elected either Immediate (Option C) or Deferred (Option B) RCSBP coverage and the elected beneficiary is no longer eligible, to annotate this in the Remarks section and provide supporting documentation with the form. The evidence of record confirms that upon receiving his 20 Year Letter in 1995, the applicant elected "Children only" RCSBP coverage under Option C (Immediate Coverage), as evidenced by the DD Form 1883 he completed at that time. ...
ARMY | BCMR | CY2005 | 20050002727C070206
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his two cold weather Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). The medical records consist of a record that the applicant was treated for a hang toenail on 31 July 1981; and a record dated 22 January 1982 which requests a physician examine the applicant’s...
ARMY | BCMR | CY2005 | 20050002728C070206
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. CRSC, as established by Section 1413a, Title 10, United States Code, as amended, states that eligible members are those retirees who have 20 years of service for retired pay computation (or 20 years of service creditable for reserve retirement at age 60) and who have disabilities that are the direct result of armed conflict, specially hazardous military...
ARMY | BCMR | CY2005 | 20050002730C070206
He also stated that he was requesting a chapter 10 discharge because he did not believe in the Army. The applicant was discharged on 20 March 1972 under the provisions of Army Regulation 635-200, chapter 10 for the good of the service with an undesirable discharge. On 10 June 1974, the Army Discharge Review Board (ADRB) denied the applicant's request for an upgrade of his discharge.
ARMY | BCMR | CY2005 | 20050002731C070206
Leonard G. Hassell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. As stated above, the CRSC criteria is specifically for those military retirees who have combat related disabilities. Without evidence of a specific event which caused the applicant’s tinnitus, there is no basis for approving this condition for CRSC.
ARMY | BCMR | CY2005 | 20050002734C070206
The applicant requests that his records be corrected to show award of the Bronze Star Medal, the Purple Heart, and the Combat Infantryman Badge. Therefore, there is insufficient documentation to confirm his entitlement to the Combat Infantryman Badge or to grant him entitlement to the Bronze Star Medal based upon award of the Combat Infantryman Badge. 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...
ARMY | BCMR | CY2005 | 20050002736C070206
The applicant provides: a. The advisory opinion stated that the applicant had not completed his educational requirement when he was considered for promotion by the captain 2002 and 2003 Reserve Components Selection Boards (RCSB). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was granted a waiver of the military education requirement for promotion to captain prior to the convening date of the 2003...
ARMY | BCMR | CY2005 | 20050002738C070206
James B. Gunlicks | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Due to cost constraints, while all military retirees will eventually receive concurrent receipt of VA disability compensation, only those military retirees who have disabilities incurred in combat, or in conditions simulating combat (which includes hazardous duties), are eligible for CRSC. As stated above, the CRSC criteria is specifically for those...
ARMY | BCMR | CY2005 | 20050002742C070206
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The OUSD has maintained in these opinions that in order for a condition to be considered combat related, there must be evidence of the condition having a direct, causal relationship to war or the simulation of war. Due to cost constraints, while all military retirees will eventually receive concurrent receipt of VA disability compensation, only those...
ARMY | BCMR | CY2005 | 20050002743C070206
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 28 January 2005, the U.S. Army Physical Disability Agency (USAPDA) Combat Related Special Compensation (CRSC) Branch determined that the applicant’s traumatic arthritis was not combat related and denied his request for CRSC. The applicant has not submitted any evidence which would show that his traumatic arthritis is combat related.
ARMY | BCMR | CY2005 | 20050002745C070206
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides the denial of his request to reconsider his CRSC application and military medical records which show that he was treated for back pain while on active duty. The applicant has not submitted any evidence which would show that any of his VA rated disabilities are combat related.
ARMY | BCMR | CY2005 | 20050002747C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 11 April 1985, the Army Discharge Review Board (ADRB) denied the applicant's request for an honorable discharge. The applicant’s record of service included one nonjudicial punishment and 88 days of lost time.
ARMY | BCMR | CY2005 | 20050002748C070206
Robert Rogers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his separation document. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by awarding him the...
ARMY | BCMR | CY2005 | 20050002749C070206
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: Counsel states the FSM and the applicant were married for 25 years and divorced on 27 February 2001. 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. The separation agreement awarded the applicant 50 percent of the FSM's retired pay and stated she...
ARMY | BCMR | CY2005 | 20050002753C070206
Leonard G. Hassell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. As stated above, the CRSC criteria is specifically for those military retirees who have combat related disabilities. Without evidence of a specific event which caused the applicant’s tinnitus, there is no basis for approving this condition for CRSC.
ARMY | BCMR | CY2005 | 20050002755C070206
The applicant is not eligible to apply to the Army Discharge Review Board for upgrade of his discharge. The applicant's records clearly show he was tried and convicted by a general court-martial for various offenses against a female soldier. 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 to timely file this application within the 3-year statute of limitations prescribed by law.
ARMY | BCMR | CY2005 | 20050002756C070206
James B. Gunlicks | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The OUSD advisory opinions indicate that CRSC is generally intended for military retirees who can show that their disabilities were caused by a specific incident which has been made a matter of record. Without evidence of a specific event which caused the applicant’s disabilities, there is no basis for approving this condition for CRSC.
ARMY | BCMR | CY2005 | 20050002759C070206
The applicant provides the denial of his CRSC application, the denial of his request for reconsideration of his CRSC application, VA and military medical records, excerpts from his military records, after action reports from his unit in Vietnam, and his separation document. Due to cost constraints, while all military retirees will eventually receive concurrent receipt of VA disability compensation, only those military retirees who have disabilities incurred in combat, or in conditions...
ARMY | BCMR | CY2005 | 20050002760C070206
The applicant provides a copy of NGB Form 89 (Proceedings from a Federal Recognition Examining Board), dated 15 June 2001; an Oath of Office, dated 26 June 2001, Massachusetts Army National Guard (MAARNG) Orders Number 166-6, dated 15 June 2001; WOCS completion certificate, dated 26 June 2001; Aviation Warrant Officer Basic Course completion certificate, dated 9 August 2002; Texas Army National (TXARNG) Guard Orders Number 114- 1016, dated 24 April 2003; MAARNG Orders Number 156-9, dated 7...