ARMY | BCMR | CY2005 | 20050002939C070206
Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. 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 entitlement to three bronze service stars on his Vietnam Service Medal and the...
ARMY | BCMR | CY2005 | 20050002940C070206
It turned out that the other Soldier, in his anger, had knocked over the receipt machine damaging the base plate of the machine. The applicant told the MPs that he and the other Soldier were there, not the Soldier they had. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge.
ARMY | BCMR | CY2005 | 20050002941C070206
This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individual directly engaged in armed conflict that were killed or wounded as a result of "friendly fire." 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 entitlement to two bronze service stars on...
ARMY | BCMR | CY2005 | 20050002943C070206
Accordingly, she was discharged on 23 October 2003, under the provisions of Army Regulation 635-200, paragraph 5-17 for a physical condition, not a disability. Army Regulation 635-40, Physical Evaluation for Retention, Retirement, or Separation, paragraph 3-2b, provides that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably...
ARMY | BCMR | CY2005 | 20050002956C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2005 DOCKET NUMBER: AR20050002956 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. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of...
ARMY | BCMR | CY2005 | 20050002977C070206
The applicant's DD Form 214 (Report of Transfer or Discharge) shows the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards. There is no evidence of record which shows the applicant served in Korea on the DMZ after 4 January 1969 as required by the governing regulation. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2005 | 20050002980C070206
The evidence confirms he is entitled to an award of the Purple Heart and his records should be corrected accordingly, including a correction to item 34 on his separation document to show that he was injured in January 1945 in the European Theater. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by awarding him the Bronze Star Medal based on his World War II Combat Infantryman Badge; b. by awarding him the Purple Heart;...
ARMY | BCMR | CY2005 | 20050002981C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that he be issued a new DD Form 214 that reflects all of his active and Reserve service. Inasmuch as he did not enter active duty after his REFRAD on 25 November 1998, he is not entitled to be issued another 214 for his service after that date.
ARMY | BCMR | CY2005 | 20050002984C070206
The applicant requests adjustment to her date of rank for first lieutenant from 13 June 2003 to 10 February 2002. A Promotion Memorandum, dated 14 July 2004, was issued to the applicant indicating her promotion effective date and date of rank for first lieutenant was 13 June 2003. In an advisory opinion, dated 16 May 2005, the Chief, Promotions Branch, Office of Promotions, Reserve Components, AHRC – St. Louis, stated that the applicant was appointed as a second lieutenant on 31 January...
ARMY | BCMR | CY2005 | 20050002985C070206
The application submitted in this case is dated 18 February 2005. However, the MPRJ does contain a separation document (DD Form 214) that contains the authority and reason for his discharge. The applicant authenticated this document with his signature indicating he was discharged under the provisions of Army Regulation 635-200, Chapter 10, the character of service was Under Conditions Other Than Honorable, and the reason for discharge was for the good of the service.
ARMY | BCMR | CY2005 | 20050002990C070206
Scott W. Faught | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant was discharged on 26 March 2004 under the provisions of Army Regulation 635-200, chapter 10. 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 at any time after the charges have been preferred, submit a request...
ARMY | BCMR | CY2005 | 20050002992C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 September 2005 DOCKET NUMBER: AR20050002992 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. Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. However, the record includes a separation medical examination that confirms the...
ARMY | BCMR | CY2005 | 20050002993C070206
The applicant requests that his discharge date be corrected to reflect his time served to include his authorized extended leave. Item 35 (Record of Assignments) on his DA Form 2-1 (Personnel Qualification Record) shows he was released from active duty on 28 November 1977. The applicant's DD Form 214 shows he was on excess leave from 7 February 1977 through 28 November 1977, the date he was separated from active duty.
ARMY | BCMR | CY2005 | 20050003001C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his discharge, characterized as under other than honorable conditions be upgraded. Accordingly, the applicant was discharged with service characterized as under other than honorable conditions on 31 July 1986 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY2005 | 20050003005C070206
Kenneth W. Lapin | |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. However, medical records must establish that a military retiree was...
ARMY | BCMR | CY2005 | 20050003006C070206
He was also notified that by law, officers who had received their second non- selection for promotion were required to retire or be separated by 31 August 2004, and this date was the last day of the month following the month he would complete 20 years of active Federal service. It states, in pertinent part, that an officer who fails to be selected for promotion to MAJ a second time must be discharged or released from active duty, or retired under any provision of law, if eligible, on the...
ARMY | BCMR | CY2005 | 20050003009C070206
The applicant requests award of the Legion of Merit, Meritorious Service Medal, Global War on Terrorism Medal, Army Reserve Components Achievement Medal, and Army Good Conduct Medal (7th award). The Legion of Merit is awarded to any member of the Armed Forces of the United States who has distinguished himself by exceptionally meritorious conduct in the performance of outstanding services and achievements. Thus, his DD Form 214 should be corrected to show award of the Meritorious Service...
ARMY | BCMR | CY2005 | 20050003011C070206
On 11 February 1971, the separation authority approved the discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the Service with issuance of an Undesirable Discharge Certificate. 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 at any time after the charges have been preferred, submit a request for discharge for the good of...
ARMY | BCMR | CY2005 | 20050003015C070206
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (First Oak Leaf Cluster), the Multinational Force and Observers (MFO) Medal, the Noncommissioned Officer (NCO) Professional Development Ribbon and the Air Assault Badge. 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...
ARMY | BCMR | CY2005 | 20050003017C070206
This document shows the applicant was separated under the provisions of paragraph 14-12c, Army Regulation 635-200, by reason of misconduct. After considering the evidence and hearing testimony, the separation board recommended the applicant be separated for misconduct with a characterization of service of UOTHC. 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...
ARMY | BCMR | CY2005 | 20050003019C070206
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). Without evidence to establish a direct, causal relationship to the applicant’s VA rated disabilities to war or the simulation of war, there is insufficient basis in which to grant his request.
ARMY | BCMR | CY2005 | 20050003021C070206
The evidence of record confirms that while serving as a member of the USAR, the applicant entered active duty, in support of Operation Enduring Freedom, on 28 February 2003. Based on the more than 30 days of qualifying active duty service the applicant completed in support of the GWOT outside an authorized AOE between 28 February and 9 April 2003, he is entitled to the GWOTSM. Further, based on his service in Iraq, an authorized AOE, he is also entitled to the GWOTEM.
ARMY | BCMR | CY2005 | 20050003028C070206
The applicant requests, in effect, that the Army repay a student loan under the Loan Repayment Program (LRP). The applicant's military records should be corrected to show his Statement for Enlistment, United States Army Incentive Enlistment Program, 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 verify that the student loan accepted actually is eligible under the Higher...
ARMY | BCMR | CY2005 | 20050003030C070206
The LRP is a Department of the Army enlistment option authorized by Title 10 of the United States Code, section 2171 (10 USC 2171), which provides the legal authority for the education loan repayment program for enlisted members on active duty in specified military specialties. In doing so, the applicant's military records should be corrected to show his Statement of Enlistment was amended to include the sentence, “If a student loan is accepted by the official processing you for enlistment...
ARMY | BCMR | CY2005 | 20050003032C070206
The applicant provides page 2 of his HHG briefing document; his clearing papers; a document titled "Processing Allied Moves" he states came from the local finance office; deposit information for the government transportation funds; a 9 May 2003 letter of authorization for personally procured shipment of HHG via a commercial carrier; two undated statements from Allied International with billing estimates; a weight certificate; the 6 June 2003 letter requesting payment of excess funds as an...
ARMY | BCMR | CY2005 | 20050003033C070206
There are no orders in the applicant’s service personnel record which shows that he was awarded the Combat Infantryman Badge. This document shows that, at the time of the applicant's assignment to Company B, 99th Combat Service Support Battalion (Vietnam), the unit was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 51 (1971). As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2005 | 20050003034C070206
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The opinion recommended payment of the outstanding ISP of $36,000 effective 1 October 2002 through 30 September 2003, with presentation of submitted contract to this Board for the period requested. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him payment of Incentive Special...
ARMY | BCMR | CY2005 | 20050003035C070206
The applicant requests that he be reinstated, promoted to the appropriate rank, paid all back pay and allowances due him, and that he be retired from the Texas Army National Guard (TXARNG). A National Guard Bureau Equal Opportunity Investigation, date of completion unknown, found that the applicant had been discriminated against and was a victim of mismanagement and therefore recommended he be reinstated in the TXARNG retroactively to the date of his separation (14 September 1991) and that...
ARMY | BCMR | CY2005 | 20050003038C070206
The applicant’s ROTC records were not provided to the Board for review. She claims she was disenrolled from the ROTC program for failing an Army Physical Fitness Test (APFT) that she passed a week later. The evidence of record confirms that the applicant was accepted into an Army ROTC scholarship program and that she failed to satisfy the contractual requirements of this program.
ARMY | BCMR | CY2005 | 20050003040C070206
The LRP is a Department of the Army enlistment option authorized by Title 10 of the United States Code, section 2171 (10 USC 2171), which provides the legal authority for the education loan repayment program for enlisted members on active duty in specified military specialties. In doing so, the applicant's military records should be corrected to show his Statement of Enlistment was amended to include the sentence, “If a student loan is accepted by the official processing you for enlistment...
ARMY | BCMR | CY2005 | 20050003044C070206
The applicant's record contains a DA Form 3286-59 (Statement For Enlistment United States Army Enlistment Program, U.S. Army Delayed Enlistment Program), Annex A, dated 16 July 2001, which shows the applicant enlisted for Army Military Occupational Specialty (MOS) 09C1O (Trainee (English as a Second Language)). The applicant's record shows that in conjunction with his enlistment in the U.S. Army Reserve for the U.S. Army Training Enlistment Option on 16 July 2001, he enrolled in the MGIB. ...
ARMY | BCMR | CY2005 | 20050003045C070206
The applicant requests that a Purple Heart certificate, awarding him the Purple Heart for wounds sustained on 15 April 2004, but does not include a permanent order number, be expunged from his Official Military Personnel File (OMPF). It is reasonable to conclude that had the awards authority been aware that the applicant had already been awarded the Purple Heart for wounds sustained on 15 February 2004, or that his meritorious service for the period 3 September 2003 to 1 April 2004 had...
ARMY | BCMR | CY2005 | 20050003047C070206
Della R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that Section F (Discharge from Delayed Entry/Enlistment Program), Block 20a of his DD Form 4/3 (Enlistment/ Reenlistment Document) be corrected to show that he enlisted in the Regular Army (RA) for 5 years and 00 weeks instead of 4 years and 00 weeks. The applicant's request for correction of enlistment data, if approved by...
ARMY | BCMR | CY2005 | 20050003050C070206
Page 1 of the applicant's Enlistment Reservation Data showed his term of service as 6 years and 0 weeks. The applicant's request for correction of enlistment data, if approved by the Army Board for Correction of Military Records (ABCMR), results in a change to the applicant's term of military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 8 of the applicant's DD Form 4/1, dated 4 November 2004,...
ARMY | BCMR | CY2005 | 20050003054C070206
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant was originally appointed as a second lieutenant with a date of rank of 8 January 2000 and, based on the required completion of 2 MTIG, and any OBC, he was promoted to first lieutenant effective 10 January 2002. Therefore, it would be appropriate to correct his records to show he was promoted to first lieutenant effective 6 August 2001.
ARMY | BCMR | CY2005 | 20050003058C070206
The LRP is a Department of the Army enlistment option authorized by Title 10 of the United States Code, section 2171 (10 USC 2171), which provides the legal authority for the education loan repayment program for enlisted members on active duty in specified military specialties. In doing so, the applicant's military records should be corrected to show his Statement of Enlistment was amended to include the sentence, “If a student loan is accepted by the official processing you for enlistment...
ARMY | BCMR | CY2005 | 20050003060C070206
Patrick McGann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that her dates of service in Iraq be corrected in item 18 (Remarks) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 7 February 2004 to 21 January 2005. DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant served in Iraq from 7 February 2004 through 20 January 2005.
ARMY | BCMR | CY2005 | 20050003062C070206
The applicant’s record contains no derogatory information, and there is no evidence contained in his record showing that he was disqualified for award of the Army Good Conduct Medal. Consequently, it seems that the applicant was overlooked for award of the Army Good Conduct Medal during his six plus years of service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing two awards of the Army Good Conduct Medal, award...
ARMY | BCMR | CY2005 | 20050003063C070206
On 31 March 2004, an informal PEB found the applicant unfit for duty under the Veterans Affairs Schedule for Rating Disabilities (VASRD) code 5243 (Intevertebral Disc Syndrome based on incapacitating episodes) as a result of chronic low back pain post L5/S1 laminectomy and discectomy with decreased range of motion due to pain. A 3 May 2004 initial consultation from Doctor D___ at Neurology Associates, LLC, indicated the applicant had a history of pain of his back status post surgery at the...
ARMY | BCMR | CY2005 | 20050003068C070206
The applicant requests correction of his records to show he entered active duty on 4 August 1983. On 17 March 1988, the applicant was released from active duty on temporary records under the provisions of Army Regulation 635-200, paragraph 16-2 based on Reduction In Authorized Strength – Fiscal Year 88 Early Transition Program. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by amending item 12a of his DD Form 214 to...
ARMY | BCMR | CY2005 | 20050003070C070206
Robert Rogers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Combat-Related Special Compensation (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,...
ARMY | BCMR | CY2005 | 20050003071C070206
The applicant’s military records are not available to the Board for review. 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 DD Form 214. 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...
ARMY | BCMR | CY2005 | 20050003073C070206
The applicant states, in effect, that he knows that he got into some trouble while he was in service, but this should not disqualify him from receiving an honorable discharge. On 1 August 1978, the separation authority approved the applicant’s request for discharge and directed that he receive a Discharge Certificate Under Other Than Honorable Conditions. On 26 February 1982, the Army Discharge Review Board (ADRB) determined that the applicant’s discharge was proper and equitable and it...
ARMY | BCMR | CY2005 | 20050003076C070206
The applicant’s military records are not available to the Board for review. Records contain a partially burned copy of DA Form 37 (Report of Proceedings.…), which shows the board of officers found the applicant unsuitable for further military service because of character and behavior disorders and recommended that he be discharged from the service because of unsuitability. The applicant was separated on 10 July 1956, under the provisions of Army Regulation 635-209, by reason of...
ARMY | BCMR | CY2005 | 20050003079C070206
The applicant requests that his records be corrected to show training as a Jungle Expert and Ranger Elite. There is no indication that he completed any additional training while in the Army and his records contain no evidence of an award of the Expert Infantryman Badge, the Combat Infantryman Badge, or qualification in any weapons other than as a sharpshooter with the M-16 rifle. Army Regulation 600-8-22 states that a marksmanship qualification badge is awarded to indicate the degree in...
ARMY | BCMR | CY2005 | 20050003080C070206
The record does reveal 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). On 22 May 1980 the Army Discharge Review Board (ADRB) reviewed the applicant’s application for upgrade of discharge from BCD to HD. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed...
ARMY | BCMR | CY2005 | 20050003081C070206
Della R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), then in effect, prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. Pertinent Army regulations provide that prior...
ARMY | BCMR | CY2005 | 20050003093C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 November 2005 DOCKET NUMBER: AR20050003093 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s military records are not available to the Board for review. He was honorably discharged from the Army of the United States on 20 July 1952 in the rank of Sergeant.
ARMY | BCMR | CY2005 | 20050003094C070206
The applicant provided four ARCOM award certificates showing he was awarded an ARCOM on 14 October 1989, on 24 April 1991 (for service for the period 10 October 1990 to 10 February 1991), on 15 December 1991 (for service for the period 19 June 1990 to 26 May 1991), and on 30 December 1996. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. However, his DD Form 214 was meant to be a snapshot in time to provide a...
ARMY | BCMR | CY2005 | 20050003095C070206
The applicant’s military records are not available to the Board for review. 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 DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his DD Form 214 to show that he was awarded the Purple Heart, the National...