ARMY | BCMR | CY2005 | 20050009239C070206
The applicant provides copies of his Recommendation for Appointment memorandum in the Army National Guard (ARNG), his appointment orders, his DA Form 5074-1-R, his Federal Recognition and promotion orders for first lieutenant and captain, his DD Form 149 (Application for Correction of Military Records) dated 11 March 2004, his Board decision notification letter dated 3 February 2005, and his Board Proceedings dated 11 January 2005. In 2005, the Board recommended the applicant's records be...
ARMY | BCMR | CY2005 | 20050009240C070206
By regulation, in order to support award of the PH, there must be evidence to show a member was wounded in action, was treated for the wound and a record of this treatment must have been made a matter of official record. Given that the record confirms the applicant was wounded in action on 14 June 1944, while serving in Myitkyina, Burma, it would be appropriate to award him the PH at this time. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2005 | 20050009243C070206
The applicant states at the time of his enlistment into the U.S. Army he had a student loan in the amount of $10,000.00. The applicant's Statement for Enlistment United States Army Enlistment Program, section 1a, confirms the option and incentives the applicant contracted for during his enlistment processing. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's Statement for Enlistment United States...
ARMY | BCMR | CY2005 | 20050009248C070206
There is no evidence that she had any loans that do qualify for repayment under the LRP. The applicant’s military records should be corrected to show her DA Form 3286-66 was amended to include the sentence “If a student loan is accepted by the officials processing you for enlistment as payable under the LRP and the government fails to verify that the student loan accepted actually is eligible under the Higher Education Act of 1965 and such failure results in nonpayment of the loan by the...
ARMY | BCMR | CY2005 | 20050009253C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On orders dated 21 December 2001, the applicant was voluntarily ordered to active duty for 3 years in a voluntary indefinite status. The record reviewed by the promotion selection board appears to have been a complete file and almost all of the documents reviewed by that board were highly legible.
ARMY | BCMR | CY2005 | 20050009255C070206
Evidence of record shows that the applicant and his family were stationed in Puerto Rico; that the applicant received orders, was reassigned to a dependent restricted tour, and arrived in Honduras on 16 April 2003; and that his family remained in Puerto Rico until his return to Puerto Rico on 18 May 2004. The advisory opinion offers that the evidence of record indicates that, prior to reporting to Honduras, the applicant was improperly advised that his COLA and OHA allowances would continue...
ARMY | BCMR | CY2005 | 20050009259C070206
There is no evidence that he had any loans that do qualify for repayment under the LRP. 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 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 Education Act of 1965 and such failure results in nonpayment of the loan by...
ARMY | BCMR | CY2005 | 20050009263C070206
On 17 December 2000, the applicant’s commander signed a MA-SJA Form 2627 indicating that he was considering imposing punishment against the applicant under Section 5301, Pennsylvania Code of Military Justice (PCMJ), for being absent from his unit training assembly on 3 November 2000. Army Regulation 27-10, Military Justice, provides, in pertinent part, that the original DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) for Soldiers E-4 and below will be filed locally in unit NJP...
ARMY | BCMR | CY2005 | 20050009267C070206
The applicant requests that a memorandum of reprimand imposed by a general officer (GOMOR) and associated documents be expunged from the restricted portion of his Official Military Personnel File (OMPF). The applicant acknowledged the GOMOR and provided a rebuttal in which he maintained that he was not intoxicated under German law because his blood alcohol content (BAC) was only .054 at 0036 hours and .060 at 0038 hours and that German law provided that a BAC of .080 was considered evidence...
ARMY | BCMR | CY2005 | 20050009268C070206
Kenneth Lapin | |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 her term of service as 4 years and 00 weeks. ______ John Slone_________ CHAIRPERSON INDEX |CASE ID |AR20050009268 | |SUFFIX | | |RECON |YYYYMMDD | |DATE BOARDED |20051018 | |TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) | |DATE...
ARMY | BCMR | CY2005 | 20050009269C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 601-210, provides in pertinent part, that a Soldier who has completed IADT, has been awarded a MOS,and enlists within 12 months from the date released from active duty, the enlistment pay grade will the grade held at the time of release from IADT but not less than E-2. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2005 | 20050009270C070206
Carol Kornhoff | |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 her term of service as 4 years and 00 weeks. _____ Ted Kanamine_______ CHAIRPERSON INDEX |CASE ID |AR20050009270 | |SUFFIX | | |RECON |YYYYMMDD | |DATE BOARDED |20051013 | |TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) | |DATE...
ARMY | BCMR | CY2005 | 20050009271C070206
Kenneth Lapin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 601-210, provides in pertinent part, that a Soldier who has completed IADT has been awarded a MOS and enlists within 12 months from the date released from active duty, the enlistment pay grade will the grade held at the time of release from IADT but not less than E-2. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2005 | 20050009272C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her enlistment contract be corrected by changing her term of service from 5 years and 00 weeks to 4 years and 00 weeks. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing her term of service as 4 years and 00 week ______Ted...
ARMY | BCMR | CY2005 | 20050009273C070206
Jeanette McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The MFR from USAREC dated 18 May 2005, and his training of choice reservation notification confirmed that his DD Form 4/1 is incorrect and should be corrected to reflect his correct name as Cruz- Olivencia, Orlando. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his name as...
ARMY | BCMR | CY2005 | 20050009285C070206
Lawrence Foster | |Member | The Board considered the following additional evidence: Exhibit C – ABCMR Record of Proceedings AR20040006791 dated 26 May 2005. On 28 June 2005, the U. S. Army Human Resources Command – Indianapolis informed the Board analyst that one of the applicant's requests, to expunge his Article 15 from his Official Military Personnel File (OMPF), had not been addressed in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number...
ARMY | BCMR | CY2005 | 20050009287C070206
Jeanette R. McCants | |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. The applicant's enlistment contract erroneously shows his term of enlistment as 8 years and 00 weeks on his DD Form 4/3.
ARMY | BCMR | CY2005 | 20050009293C070206
The applicant’s military records are not available to the Board for review. This case is being considered using reconstructed records that primarily consist of the applicant’s separation document (WD AGO Form 53-55) and the BSM Citation provided by the applicant. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO.
ARMY | BCMR | CY2005 | 20050009314C070206
Since a member is not authorized per diem for travel or TDY performed within the limits of the PDS, the applicant was forced to incur nonreimbursable TDY expenses that would not have been incurred had he not been scheduled for PCS reassignment to the Pentagon area before his TDY was completed. The applicant’s military records may be corrected to show his new PCS orders included the sentence “If officials at Fort Campbell, KY permit you to ship your household goods, move your dependents, or...
ARMY | BCMR | CY2005 | 20050009330C070206
Karmin S. Jenkins | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. By regulation, in order to support award of the PH, there must be evidence to show a member was wounded in action, was treated for the wound, and a record of this treatment must have been made a matter of official record. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the...
ARMY | BCMR | CY2005 | 20050009347C070206
The applicant requests that his record be corrected to show that his permanent change of station (PCS) orders were issued as indeterminate temporary change of station (TCS) orders while allowing him to retain any and all PCS allowances he received. The evidence of record and the advisory opinion from the G-1 clearly show that the applicant has been disadvantaged by the issuance of the erroneous PCS orders. The Board determined that the evidence presented was sufficient to warrant a...
ARMY | BCMR | CY2005 | 20050009378C070206
Allen L. Raub | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The DA Form 5074-R shows the applicant was afforded 4 years, 00 months, and 00 days constructive credit for his medical degree and appointed a captain. He also received 01 year, 02 months and, 23 days prior service credit "IN EXCESS OF THAT REQUIRED FOR GRADE."
ARMY | BCMR | CY2005 | 20050009379C070206
The board found there was no evidence to support a sexual relationship and voted to move the GOMOR to the applicants R-fiche. On 19 December 2002, after reviewing the case file, the GOMOR, the rebuttal matters submitted by the applicant and the filing recommendation of the applicant’s chain of command, the GOMOR issuing general officer directed the applicant’s GOMOR be filed in his OMPF. Further, the evidence of record confirms the GOMOR was issued and filed in the OMPF in accordance with...
ARMY | BCMR | CY2005 | 20050009382C070206
Item 5 on the applicant's DA Form 2627, dated 21 August 2000, shows that the imposing commander marked an "X" in the performance fiche block (i.e., to file the DA Form 2627 in the performance fiche of his Official Military Personnel File (OMPF)). Evidence of record shows at the time the non-judicial punishment was imposed against the applicant he held rank of SGT. Army Regulation 27-10 does not allow the original DA Form 2627 on Soldiers SGT and above to be filed in local unit records.
ARMY | BCMR | CY2005 | 20050009385C070206
Ms. Linda Simmons | |Member | | |Mr.Kenneth Lapin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the downgraded recommendation for award of the Bronze Star Medal (BSM) to the Army Commendation Medal (ARCOM) be changed to approved. The applicant states the recommendation for award of the BSM is fully supported by the narrative and clearly meets the requirement for award.
ARMY | BCMR | CY2005 | 20050009386C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that he be allowed to retake the Armed Forces Qualifying Test (AFQT) so that he can qualify for an enlistment bonus and the loan repayment program. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) does not authorize AFQT retesting for the sole purpose of qualifying an applicant for an enlistment incentive.
ARMY | BCMR | CY2005 | 20050009397C070206
Orders show he received the first award of the AAM for the period 9 January 1990 through 28 January 1990; the second award of the AAM for the period 15 July 1988 through 5 November 1991; and a third award of the AAM for the period 15 June 1988 through 15 December 1991. Although the evidence of record shows the applicant was awarded ASI "Q9," there is no evidence of record which shows he completed the Traffic Accident Investigation Course. As a result, the Board recommends that all...
ARMY | BCMR | CY2005 | 20050009478C070206
Paragraph (a) states, in pertinent part, that officers shall be placed in the promotion zone and shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a) of this title, far enough in advance of completing the MYIG so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service. Paragraph (b) states, in effect, that a RC officer who is...
ARMY | BCMR | CY2005 | 20050009480C070206
Additionally, there is no evidence the AKARNG forwarded a Federal Recognition packet to the Chief, National Guard Bureau for award of permanent Federal Recognition for initial appointment in the AKARNG in the grade of second lieutenant. Evidence of record shows the applicant served in the AKARNG in the grade of second lieutenant until he was promoted to the grade of first lieutenant on 7 September 2004. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2005 | 20050009503C070206
Qawiy A. Sabree | |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. Without evidence to establish a direct, causal relationship to the applicant’s VA rated disability to war or the simulation of war, there...
ARMY | BCMR | CY2005 | 20050009512C070206
Qawiy A. Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Incurring disabilities while in a theater of operations or in training exercises is not, in and of itself, sufficient to grant a military retiree 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 | 20050009520C070206
| |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. He assumed the applicant’s duties as first sergeant while the applicant was recovering from the serious injury to his right knee; c. the denial of his request to reconsider his CRSC application; d. VA rating decisions; e. deployment orders; and f. military medical records. The only medical record submitted by the applicant shows that he injured his knee while running and his...
ARMY | BCMR | CY2005 | 20050009541C070206
Randolph J. Fleming | |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 | 20050009556C070206
On 26 September 1994, the separation authority approved the applicant’s request for discharge and directed that he receive an under other than honorable conditions discharge. On 6 January 1997, the Army Discharge Review Board (ADRB) denied the applicant's request for upgrade of his discharge to either a general discharge or an honorable discharge. The applicant's record of service shows that charges were preferred against him for being AWOL for 1109 days.
ARMY | BCMR | CY2005 | 20050009560C070206
He further stated that affected individuals would be advised they could seek relief from the Army Board for Correction of Military Records (ABCMR) which could adjust DOR’s for those who were first-time considered and selected for promotion to captain, after having served more than 7 combined MYIG as a lieutenant. ROPMA specified that a second lieutenant (2LT) serve a MYIG of 2 years before promotion to first lieutenant (1LT), and a 1LT serve a MYIG of 5 years before promotion to captain. ...
ARMY | BCMR | CY2005 | 20050009568C070206
The applicant requests that his administrative discharge be changed to a medical separation. Counsel states the applicant's medical records show no psychiatric complaints until shortly before his expiration term of service (ETS) during his first enlistment. diagnosed him with Schizoid Personality manifested by social isolation and withdrawn behavior and recommended discharge under chapter 13 [Army Regulation 635-200] as unsuitable because of a character and behavior disorder.
ARMY | BCMR | CY2005 | 20050009583C070206
The Armed Forces Expeditionary Medal (AFEM) is a military award of the United States military which was first created in 1961 by Executive Order of President John Kennedy. The first campaign of the AFEM was the Cuban Missile Crisis and the award was issued to those who served in the designated area of operation during the period of 24 October 1962 to 1 June 1963. However, the criteria for award of the AFEM required that individuals must serve in the designated area of operations in order...
ARMY | BCMR | CY2005 | 20050009609C070206
The applicant requests, in effect, promotion consideration to chief warrant officer three (CW3). Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, Human Resources Command – St. Louis, Missouri, It was determined that the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected for promotion to CW3 by the 2004 Reserve Components Selection Board (RCSB). The Board determined that the...
ARMY | BCMR | CY2005 | 20050009660C070206
The applicant states, in effect, that a duplicate order awarding him the Good Conduct Medal (Fourth Award) and the corresponding order revoking that order are filed in the performance section of his OMPF and this may give members of a future Command Sergeants Major promotion selection board a false impression that the award was actually taken away from the applicant. The evidence of record confirms that the applicant was properly awarded the Good Conduct Medal (Fourth Award) by permanent...
ARMY | BCMR | CY2005 | 20050009679C070206
Della R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of his enlistment contract to show he enlisted in the Army Reserve 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 to show that he enlisted in the U.S. Army Reserve for a period of 8...
ARMY | BCMR | CY2005 | 20050009701C070206
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 Number AR20040003615, on 22 March 2005. The applicant’s military records are not available for review. Records show the applicant served in Italy during the period 30 March 1955 through 10 April 1956.
ARMY | BCMR | CY2005 | 20050009710C070206
Combat-Related Special Compensation (CRSC), as established by Section 1413a, Title 10, United States Code, as amended, provides for the payment of the amount of money a military retiree would receive from the VA for combat related disabilities if it wasn’t for the statutory prohibition for a military retiree to receive a VA disability pension. It was also stated that the applicant reinjured his elbow while in a tank. As for the applicant’s hypertension, as stated above,...
ARMY | BCMR | CY2005 | 20050009741C070206
Joe R. Schroeder | |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 impaired hearing be approved for Combat-Related Special Compensation (CRSC). Without evidence to establish a direct, causal relationship to the applicant’s impaired hearing to war or the simulation of war, there is insufficient basis in which to grant his request.
ARMY | BCMR | CY2005 | 20050009744C070206
The applicant has not submitted evidence that the diagnosis of back strain made on 13 September 1969 was in error. No such demonstration has been made in this case. Since the Board has no authority over the VA, there is no basis for considering this portion of the applicant’s request.
ARMY | BCMR | CY2005 | 20050009761C070206
The applicant requests that his Department of Veterans Affairs (VA) rated disability for lumbosacral or cervical strain be approved for Combat- Related Special Compensation (CRSC). The applicant provides the denial of his request to reconsider his CRSC application and select military and VA records. If the applicant wishes additional VA rated disabilities to be considered for CRSC, he must first submit a rating request to the VA and, if approved, submit a request for CRSC for...
ARMY | BCMR | CY2005 | 20050009808C070206
On 15 July 1977, the applicant's commander requested the applicant be given a medical evaluation to determine his physical fitness for retention on active duty, as he had had several accidents which could have physically impaired his ability to perform his duties. Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. The first available evidence of record to indicate there were...
ARMY | BCMR | CY2005 | 20050009835C070206
William Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 Military...
ARMY | BCMR | CY2005 | 20050009839C070206
Qawiy A. Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In effect, the applicant requests that his Department of Veterans Affairs (VA) rated disabilities for hearing loss and tinnitus 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...
ARMY | BCMR | CY2005 | 20050009852C070206
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides a Memorandum for Record from Headquarters, U.S. Army Recruiting Command (USAREC) Liaison at Fort Leonard Wood, Missouri, dated 13 June 2005; a Statement of Understanding, dated 13 June 2005; his DD Form 4/1 (Enlistment/Reenlistment Document), dated 12 February 2005; page 1 of his Enlistment Reservation Data; and his Total Army...
ARMY | BCMR | CY2005 | 20050009858C070206
The applicant provided a Statement of Understanding in which he explained that he understood the available options under his enlistment contract and requests correction of his DD Form 4/1 to show he enlisted in the pay grade E-2 instead of E-3. The evidence of record confirms that the applicant enlisted in the pay grade E-3. Therefore, the applicant’s records should be corrected to show that he enlisted in the Army in the pay grade E-2.