ARMY | BCMR | CY2005 | 20050008599C070206
The applicant's record contains a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the effective date 27 October 1969 and a DD Form 214 (Report of Separation from Active Duty) with the effective date 29 September 1975. The applicant's records show he was awarded the Vietnam Service Medal. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon...
ARMY | BCMR | CY2005 | 20050008609C070206
In his request for discharge, the applicant also indicated that he understood that by requesting discharge, he was admitting guilt to the charge(s) against him, or of a lesser included offense, that also authorized the imposition of a bad conduct or dishonorable discharge. 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...
ARMY | BCMR | CY2005 | 20050008625C070206
On 4 August 1983, the separation authority approved the applicant’s request for discharge and directed that he receive an UOTHC discharge. On 22 August 1983, the applicant was discharged accordingly. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2005 | 20050008638C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 APRIL 2006 DOCKET NUMBER: AR20050008638 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. Naomi Henderson | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The last group could apply to a Presidential Clemency Board which was made up of...
ARMY | BCMR | CY2005 | 20050008662C070206
He acknowledged his understanding that if he failed to complete the educational requirements of his agreement or was disenrolled from the ROTC scholarship program, the Secretary of the Army or his designee could order him to active duty as an enlisted Soldier for a period of not more than 4 years, or in lieu of being ordered to active duty, he could be required to repay financial assistance he received through the ROTC program, plus interest. The applicant's military records contain an...
ARMY | BCMR | CY2005 | 20050008668C070206
The PEB recommended that he be separated from the service with severance pay and rated his disability as 20% disabling. On 25 August 1986, the applicant was honorably discharged in the pay grade of E-6 under the provisions of Army Regulation 635-40, paragraph 4- 24e(3) due to physical disability with severance pay. The VA Rating Decision provided by the applicant indicates that he has been granted a 30% service-connected disability rating.
ARMY | BCMR | CY2005 | 20050008687C070206
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Distinguished Flying Cross, Two Presidential Unit Citations, a Valorous Unit Award, and any other awards to which he is entitled. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of...
ARMY | BCMR | CY2005 | 20050008690C070206
The applicant requests, in effect, award of the Purple Heart (PH). The applicant’s military records are not available to the Board for review. This case is being considered using reconstructed records, which primarily consist of a Certification of Military Service (NA Form 13038), Separation Document (Partially Legible), Office of The Surgeon General (OTSG) Hospital Admission Record for 1944, Honorable Discharge Certificate, Final Payment Work Sheet (WD Form 372), and National Personnel...
ARMY | BCMR | CY2005 | 20050008698C070206
There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad conduct or dishonorable discharge and they must indicate that they have been briefed and understand...
ARMY | BCMR | CY2005 | 20050008702C070206
On 15 July 1985, the applicant’s unit commander notified him that separation action under the provisions of chapter 9, Army Regulation 635- 200, was being initiated on him based on his history of alcohol and drug abuse, as confirmed by ADAPCP personnel. 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. The Board determined that the evidence...
ARMY | BCMR | CY2005 | 20050008707C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant’s record shows he enlisted in the Regular Army and entered active duty on 29 September 1962. The evidence of record confirms the applicant’s separation processing was accomplished in accordance with the applicable regulation in effect at the time.
ARMY | BCMR | CY2005 | 20050008709C070206
On 17 December 1973, the separation authority approved the applicant’s request for discharge and directed that he be issued an undesirable discharge. Accordingly, the applicant was discharged with an undesirable discharge on 19 December 1973 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. 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 | 20050008718C070206
The applicant’s military records are not available to the Board for review. The applicant’s claim of entitlement to the PH and the supporting evidence he provided were carefully considered. However, absent any evidence (medical treatment records, eye- witness statements, or record entries) showing that he was ever wounded in action, or that he was ever treated for a combat related wound or injury by military medical personnel, the regulatory burden of proof necessary to support award of...
ARMY | BCMR | CY2005 | 20050008789C070206
DFAS stated in the letter that the FSM's account had been corrected to show spouse coverage only, based on full gross retired pay at a monthly cost of $93.60. Therefore, since the evidence clearly shows that the applicant and his mother made timely attempts to file for SBP, it would be in the interest of justice for the Board to recommend that the FSM's records be corrected to show that the FSM's spouse, the applicant’s mother, applied for SBP, (spousal coverage only, based on full gross...
ARMY | BCMR | CY2005 | 20050008797C070206
Allen L. Raub | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. While he had a heart condition before he went into combat, it was not considered serious enough to keep him from being assigned to Vietnam. 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.
ARMY | BCMR | CY2005 | 20050008799C070206
The applicant requests in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded. On 28 July 1981, the separation authority approved the applicant’s request for discharge and directed that he be reduced to the lowest enlisted grade, and that he receive an UOTHC discharge. On 30 July 1981, the applicant was discharged accordingly.
ARMY | BCMR | CY2005 | 20050008804C070206
On 30 November 1972, while serving in the pay grade of E-4, he reenlisted for a period of 3 years and assignment to Fort Meade, Maryland. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army Board for Correction of...
ARMY | BCMR | CY2005 | 20050008805C070206
On 14 April 1965, the applicant’s commander submitted a request to separate the applicant for unfitness. The applicant stated that if he were returned to duty he would go AWOL again. In the interviews the applicant had with his commander and the chaplain, the applicant stated that he wanted to go home to his mother.
ARMY | BCMR | CY2005 | 20050008808C070206
The applicant’s record shows he initially enlisted in the Army National Guard (ARNG) of the United States and entered active duty for training (ACDUTRA) on 18 January 1965. The record does include a properly constituted DD Form 214 that shows on 12 November 1969 the applicant was separated under the provisions of Section VI, Army Regulation 635-206, by reason of misconduct (civil court conviction), and he received an UD. On 8 December 1981, the Army Discharge Review Board, after...
ARMY | BCMR | CY2005 | 20050008814C070206
BOARD DATE: 17 November 2005 DOCKET NUMBER: AR20050008814 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. Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The Memorandum for Record from USAREC, dated 25 April 2005, shows that the enlistment contract (DD Form 4/3) is...
ARMY | BCMR | CY2005 | 20050008819C070206
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. DD Form 4/3 of the applicant's enlistment contract erroneously shows his term of enlistment as 8 years and 00 weeks.
ARMY | BCMR | CY2005 | 20050008823C070206
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. DD Form 4/3, Section F (Discharge from Delayed Entry/Enlistment Program) shows that the applicant enlisted in the Regular Component of the United States Army for 8 years and 00 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the enlistment contract (DD Form 4/3) of the...
ARMY | BCMR | CY2005 | 20050008867C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The IO noted that, before her complaint dated 23 July 1999, Ms. G___ did not tell the applicant that his actions and comments made her uncomfortable. The applicant, in his appeal to the DASEB, provided statements from Ms. R___, Chaplain G___, and Chaplain R___ as evidence that he did not sexually harass Ms. G___.
ARMY | BCMR | CY2005 | 20050008922C070206
The applicant requests that his report of separation (DD Form 214) be corrected to reflect the awards of the Joint Meritorious Unit Award (JMUA) (2nd Award), the Korea Defense Service Medal (KDSM), and the Global War on Terrorism (GWOT) Medal. The Joint Meritorious Unit Award may not be awarded to any DOD activity which has received any other unit award for the same achievement or period of service. The applicant also served in Korea and on active duty during the periods necessary to...
ARMY | BCMR | CY2005 | 20050008956C070206
The applicant’s military records are not available to the Board for review. Until 23 August 1951, Army Regulation 600-45, which governed the award of Army decorations, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. Once the Korean War Service Medal has...
ARMY | BCMR | CY2005 | 20050008967C070206
John Heck | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 18f of his DD Form 214 that he served 5 months and 19 days of foreign service. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2005 | 20050008994C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad conduct or dishonorable discharge and they must indicate that they have been briefed and understand the consequences of such a request as well as the discharge they might receive. The U.S. Court of Appeals, observing that applicants to the Army...
ARMY | BCMR | CY2005 | 20050009002C070206
The applicant, as the son and next of kin of a deceased former service member (FSM), requests correction of his late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart and the Bronze Star Medal with "V" Device. The WD AGO Form 53-55 contained in the FSM’s service personnel records does not show the Purple Heart as an authorized award. The FSM's WD AGO Form 38 does not show that the shrapnel injury was incurred as a result of hostile action.
ARMY | BCMR | CY2005 | 20050009020C070206
It further shows that she was credited with zero points for the period 27 August 1984 through 8 May 1987. It further shows that she was credited with zero points for the period 27 August 1984 through 8 May 1987. The evidence of record shows that the applicant was credited with 73 retirement points during the period 2 December 1983 through 26 August 1984 and had completed 8 months and 25 days of service, which was a partial qualifying year for retirement purposes.
ARMY | BCMR | CY2005 | 20050009034C070206
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 service on or after 27 June 1950 of less than 3 years but more than 1 year. Since the applicant's service personnel records are not available, there is insufficient evidence on which to base award of the Good Conduct Medal in this case. Therefore, the Board requests that the...
ARMY | BCMR | CY2005 | 20050009071C070206
However, the available records do show that on 12 August 1991, the applicant’s commander informed him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 5-13. Accordingly, he was honorably discharged on 5 September 1991 under the provisions of Army Regulation 635-200, paragraph 5-13, due to personality disorder. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2005 | 20050009078C070206
The USACC advisory opinion further indicates the applicant was offered the option of being ordered to active duty, or repaying his ROTC scholarship debt at the time he was disenrolled from the ROTC program for breach of contract. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract...
ARMY | BCMR | CY2005 | 20050009085C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He further states that he enlisted in the Army with the expectations of receiving training for military occupational specialty (MOS) 97E and the appropriate language training, which was required by the MOS. The applicant’s contention that the Army did not fulfill its commitment to provide him language training has been noted and found to be without merit.
ARMY | BCMR | CY2005 | 20050009087C070206
The applicant provided a DA Form 4856 dated 5 July 2003 that indicated the applicant’s first sergeant counseled her regarding the above. By DA Form 4187 dated 5 July 2003, the applicant’s commander approved her reduction to PFC effective 5 July 2003 under the authority of National Guard Regulation 600-200, paragraph 11-26. The USAHRC IG also noted that the applicant was attached to the Medical Hold Company at Fort Bliss, TX on 12 August 2003; therefore, she had no obligation to turn in her...
ARMY | BCMR | CY2005 | 20050009113C070206
On 26 May 2005, new information was received from the applicant in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2001054329, dated 2 August 2001. The information submitted is the fact that since the applicant’s Reserve Officer Training Corps (ROTC) contract did not specify how many years he has to serve on active duty to satisfy his Active Duty Service Obligation (ADSO), the Defense Finance and Accounting Service (DFAS) cannot return...
ARMY | BCMR | CY2005 | 20050009117C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant’s separation document confirms he was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service, in lieu of trial by court-martial. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2005 | 20050009124C070206
The applicant requests, in effect, that he receive the Army College Fund (ACF) and Enlistment Bonus (EB) entitlements he was guaranteed in his Enlistment Contract (DD Form 4). The evidence of record confirms that the applicant enlisted for a $3,000.00 Hi-Grad EB that was authorized in his enlistment contract. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he remains entitled to the $3,000 Hi-Grad enlistment...
ARMY | BCMR | CY2005 | 20050009137C070206
Rowland Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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 | CY2005 | 20050009154C070206
The applicant requests that his date of birth be corrected on his military records to show the date 8 February 1945. The applicant’s desire to have the date of birth recorded in his military records changed to the date on his birth certificate is understood. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2005 | 20050009185C070206
The applicant states, in effect, that his exposure to chemical and biological agents while deployed during the Gulf War caused Bowens Disease and has made him completely and permanently disabled. He was born on 3 October 1944 and after serving 10 years, 2 months and 28 days of active service in the Air Force, he was honorably discharged in the pay grade of E-5 on 12 May 1977 with a total of 11 years, 3 months and 16 days of service for pay purposes. While the applicant has provided...
ARMY | BCMR | CY2005 | 20050009195C070206
The applicant requests, in effect, payment of his student loan under the terms of the Loan Repayment Program (LRP). In doing so, the applicant's military records should be corrected to show his Statement for Enlistment United States Army Enlistment Program 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...
ARMY | BCMR | CY2005 | 20050009196C070206
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 | 20050009197C070206
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The DOHA denied waiver of the applicant's overpayment resulting from DFAS not properly deducting his federal taxes while paying the same to the IRS. ), provides authority for waiving claims for erroneous payments of pay and certain allowances made to or on behalf of service members or former service members of the Uniformed Services, if collection of the...
ARMY | BCMR | CY2005 | 20050009213C070206
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides a copy of his military identification card; a general power of attorney; a memorandum for record dated 24 September 2003; an undated letter from The National Registry of Emergency Medical Technicians; a certificate of registry as an EMT-B dated 22 January 2003; an undated letter of congratulations; a copy of his EMT-B...
ARMY | BCMR | CY2005 | 20050009218C070206
The applicant’s military records are not available for review. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case.
ARMY | BCMR | CY2005 | 20050009222C070206
Qawly A. Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant, an Army Reserve Staff Sergeant completed a 1 year, 11 months, and 29 day tour of active duty on 25 January 2005. The applicant's reenlistment documents, but especially the "AGR Reenlistment Control Number", the "AGR Bonus Control Number", and the wording of the DA Form 4789 clearly show that he contracted to receive the SRB and that this action...
ARMY | BCMR | CY2005 | 20050009225C070206
The applicant was considered but not selected for promotion. The Officer Policy Division, Office of the Deputy Chief of Staff, G-1 noted that the EO language in the FY02 LTC Army promotion selection board was not ruled unconstitutional. Prior to 2000, selection boards were required to conduct a review of files for the effects of past discrimination in any case in which the selection rate for a minority or gender group was less than the selection rate for all officers in the promotions zone...
ARMY | BCMR | CY2005 | 20050009227C070206
It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service. Her record also contains evidence that while serving in the rank of SFC, she was awarded the JSCM for the period from 16 February 2004 to 28 January 2005. The available evidence supports correcting the applicant's record by removing from her OMPF the certificate...
ARMY | BCMR | CY2005 | 20050009231C070206
The applicant requests that the disqualification of the Army Good Conduct Medal (AGCM) be removed from his disciplinary section of his Official Military Personnel File (OMPF). Therefore, the effective date of the applicant's qualifying period of service for award of the AGCM did not start until 16 February 1996 and not from 20 November 1994 as indicated on the commander's disqualification memorandum. Evidence of record substantiates that the disqualifying period of the award of the AGCM,...
ARMY | BCMR | CY2005 | 20050009232C070206
The applicant provides: a. The applicant’s request to have a memorandum, dated 19 November 1996 pertaining to denial of award to the AGCM removed from his records was carefully considered. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing Department of the Army, 2nd Battalion, 14th Infantry, Fort Drum, New York, memorandum dated 19 November 1996 and titled Denial of Good Conduct Medal, be removed from the...