ARMY | BCMR | CY2005 | 20050010926C070206
The U. S. Court of Federal Claims noted the applicant had been involuntarily separated from the Army but later reinstated after he successfully applied to the Army Board for Correction of Military Records (ABCMR) (in Docket Number AR2000044795 dated 26 June 2001). In its 3 July 2003 Memorandum of Consideration, the ABCMR rejected his assertion, concluding that given receipt of SDAP is contingent on a member performing the special duty for which it is authorized, it would not be appropriate...
ARMY | BCMR | CY2005 | 20050010932C070206
This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Only one of the awards could be awarded. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the GCMDL for the period of 9 September 1963 to 23 August 1965, the VSM with one bronze service star, the NDSM, the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit...
ARMY | BCMR | CY2005 | 20050010966C070206
Accordingly, he was honorably discharged on 22 August 1998, under the provisions of Army Regulation 635-40, paragraph 4-24B(3) due to disability, with severance pay. A waiting period of 2 years from separation is required before a waiver may be submitted. The applicant was separated under the provisions of Army Regulation 635-40 and was properly issued an RE Code of RE-3 in accordance with the applicable regulations.
ARMY | BCMR | CY2005 | 20050010994C070206
The applicant requests that his Certification of Military Service, dated 17 March 2005, be corrected to show a different name. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.
ARMY | BCMR | CY2005 | 20050011030C070206
The applicant states that his DD Form 214 should be corrected to reflect that he was assigned to Company C, 1st Battalion, 508th Parachute Infantry Regiment (PIR), 82nd Airborne Division, 18th Airborne Corps instead of the unit currently reflected as “Co C, 1st Bn, 508th Infantry, 3d U.S. Army. His unit and the major command at the time are properly reflected on his DD Form 214 in accordance with the applicable regulation and the unit designations that were in effect at the time. Inasmuch...
ARMY | BCMR | CY2005 | 20050011056C070206
The applicant requests that his discharge be changed to a medical discharge and that his report of separation be corrected to reflect the correct number of days he served. Additionally, his medical records are not available for review by the Board and there is no evidence to show that the applicant was hospitalized for frostbite or that he should have been separated for medical reasons. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2005 | 20050011119C070206
The applicant’s military records are not available to the Board for review. There is insufficient evidence to show he was held as a POW during World War II. Therefore, the Board requests that the CMSD- St. Louis administratively correct the records of the individual concerned to show the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the World War II Victory Medal.
ARMY | BCMR | CY2005 | 20050011121C070206
The applicant requests the removal of a relief for cause noncommissioned officer evaluation report (NCOER) and a general officer memorandum of reprimand (GOMOR) from his Official Military Personnel File (OMPF) and that he be given an appropriate retirement award. There is no evidence of a GOMOR being filed in the applicant’s OMPF and there is no evidence that he received an award when he retired. While all of the facts and circumstances are not present in the available records, the...
ARMY | BCMR | CY2005 | 20050011134C070206
Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), effective 1 September 1994, paragraph 4-17 stated a qualified 1LT would not be promoted before the date of completion of 3 years of promotion service with two specified exceptions (neither of which applied to the applicant). Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) provides policy for selecting and promoting...
ARMY | BCMR | CY2005 | 20050011172C070206
The FSM’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. showing award of the POW Medal; b. showing award of the Purple Heart for wounds sustained...
ARMY | BCMR | CY2005 | 20050011178C070206
The applicant states, in effect, that he served from November 1967 to March 1974 as a Reserve officer on active duty (AD). While serving on AD, in the rank of SGM/E-9, the applicant was promoted as a Reserve commissioned officer to lieutenant colonel effective 11 December 1986, without being called to AD in that rank. The Board also finds no evidence that the applicant served 6 consecutive months on active duty as a LTC/O-5 or to show that he served satisfactorily in the grade of LTC in an...
ARMY | BCMR | CY2005 | 20050011209C070206
The applicant states that he was awarded the Purple Heart for wounds received in Vietnam and he is receiving 10% disability from the Department of Veterans Affairs; however, the award of the Purple Heart is not listed on his Report of Transfer or Discharge (DD Form 214). The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL....
ARMY | BCMR | CY2005 | 20050011259C070206
The Federal Recognition Board Proceedings also found the applicant qualified for promotion to chief warrant officer two with the effective date of successful completion of Warrant Officer Basic Course without further Federal Recognition Board action. If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the grade and branch in which the member is qualified. The Federal Recognition Board...
ARMY | BCMR | CY2005 | 20050011316C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is no evidence of record, and the applicant has provided none, to show that he requested a hardship discharge. 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 | 20050011330C070206
Jeanette B. McPherson | |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 VA medical records. 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 | 20050011334C070206
Larry J. Olson | |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 hypertension be approved for Combat-Related Special Compensation (CRSC). Without evidence to establish a direct, causal relationship to the applicant’s hypertension to war or the simulation of war, there is insufficient basis in which to grant his request.
ARMY | BCMR | CY2005 | 20050011347C070206
The applicant requests that his military records be corrected to show the award of the Purple Heart. The applicant honorably served on active duty during a qualifying period of service for award of the National Defense Service Medal; therefore, he is entitled to award of the National Defense Service Medal, and correction of his military records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding...
ARMY | BCMR | CY2005 | 20050011353C070206
Qawiy A. Sabree | |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 | 20050011363C070206
The applicant requests that his Department of Veterans Affairs (VA) rated disability for his foot condition be approved for Combat-Related Special Compensation (CRSC). In the VA rating decision it was stated that the applicant “acknowledged that there was no evidence of treatment for the claimed condition noted in his service medical records. Without evidence to establish a direct, causal relationship to the applicant’s VA rated disabilities to war or the simulation of war, there...
ARMY | BCMR | CY2005 | 20050011369C070206
Linda D. Simmons | |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. The CRSC criteria is specifically for those military retirees who have combat related disabilities.
ARMY | BCMR | CY2005 | 20050011376C070206
Edward Montgomery | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Therefore, based on the evidence provided, he is entitled to the award of the Purple Heart for wounds sustained on 6 March 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant was awarded the Purple Heart for wounds sustained on 6 March 1945.
ARMY | BCMR | CY2005 | 20050011412C070206
Randolph J. Fleming | |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, a VA rating which shows that his disabilities are either Vietnam era or Korean conflict incurred, his separation document for the period ending 30 June 1955, his DA Form 20, and TDY orders in support of Operation Glory dated 16 September 1954. Without evidence to...
ARMY | BCMR | CY2005 | 20050011413C070206
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). 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...
ARMY | BCMR | CY2005 | 20050011426C070206
Rowland Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected by changing the extension of service contract by effecting the date of his expiration term of service (ETS) to 2 December 2005. On 1 February 2005, the Readiness NCO forwarded a Memorandum to Headquarters, Kansas Army National Guard, requesting a correction to the applicant's extension contract.
ARMY | BCMR | CY2005 | 20050011428C070206
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 disabilities to war or the simulation of war, there...
ARMY | BCMR | CY2005 | 20050011501C070206
The applicant provides copies of his commander's recommendation for nonjudicial punishment with counseling statements; Department of the Army Form 2627, Record of Proceedings Under Article 15, Uniform Code of Military Justice, with applicant's statement; Under Secretary of Defense Memorandum, subject: Anthrax Vaccine Immunization Program; and newspaper articles that discuss the program. The Director of the Military Vaccine Agency stated that paragraph 5- 4c(2) of Army Regulation 600-20...
ARMY | BCMR | CY2005 | 20050011539C070206
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 | 20050011541C070206
The applicant was awarded his medical degree sometime in 2004. However, the available evidence shows he was not awarded his Doctor of Philosophy degree until May 2002, two years after he began medical school. The applicant provided no evidence to show why his degree was not awarded until May 2002 rather than in 2000.
ARMY | BCMR | CY2005 | 20050011543C070206
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that all reference to a denial of the Good Conduct Medal be removed from his records. In order for the applicant have been awarded the Good Conduct Medal for the period from 19 July 1993 through 18 July 1996 his unit commander, the same unit commander who prepared the denial memorandum, or his successor, had to have recommended him...
ARMY | BCMR | CY2005 | 20050011545C070206
His DEP enlistment contract shows he enlisted for MOS 31L, a cash enlistment bonus of $5,000, and a seasonal enlistment bonus of $4,000. Accordingly, it would now be in the interest of justice to correct the applicant’s record to show that as an exception to policy he was authorized enlistment in the Regular Army on 30 April 2003, in MOS 31L, for 4 years, with entitlement to a cast enlistment bonus of $5,000.00 and a seasonal enlistment bonus of $4,000.00. As a result, the Board recommends...
ARMY | BCMR | CY2005 | 200500115555C070206
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his enlistment contract be corrected to show that he enlisted in the Regular Army (RA) for a period of 3 years and 18 weeks instead of 8 years and 00 weeks. The applicant provides in support of his request, a Memorandum for Record (MFR), Subject: Correction of Term of Enlistment, from Headquarters, United States...
ARMY | BCMR | CY2005 | 20050011557C070206
By regulation, Army Guidance Counselors are required to verify that a member enlisting for the LRP has qualifying loans and to advise those members if any loan is not eligible for repayment. Further, the record gives no indication that an Army Guidance Counselor ever verified that the applicant’s loan did or did not qualify for repayment under the LRP. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: amending the...
ARMY | BCMR | CY2005 | 20050011565C070206
In all of these reports, he received “Among the Best” evaluations from his raters in Part Va. (Rater. In Part IVb-f of the contested report, the rater gave the applicant four “Success” ratings and one “Needs Improvement (Some)” rating. The senior rater also informed the ESRB that he counseled the applicant during the contested rating period, which is documented in a DA Form 4856, dated 25 April 02.
ARMY | BCMR | CY2005 | 20050011568C070206
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 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 LRP...
ARMY | BCMR | CY2005 | 20050011572C070206
On 27 November 1996, the ABCMR approved the recommendation to correct his record to show he was selected for promotion to major under the 1993 criteria by a special selection board (SSB) that adjourned on 12 August 1996 and void his discharge. The HRC, St. Louis, issued a Notification of Promotion Status memorandum, dated 22 March 2004, advising the applicant of his non- selection for promotion to lieutenant colonel by a SSB under the 2001 year criteria. Notwithstanding the NGB advisory...
ARMY | BCMR | CY2005 | 20050011582C070206
The applicant requests that her records be corrected to show an enlistment grade of specialist four/E-4 with a date of rank of 17 October 2003 and that she be granted back pay, 2. In order to be eligible for entry on active duty as a specialist the applicant needed to provide verification of successful completion of her Bachelor's degree. The HRC's advisory opinion did not take into consideration that an unqualified agency evaluated and accredited the applicant's foreign degree; therefore,...
ARMY | BCMR | CY2005 | 20050011605C070206
The applicant had been scheduled for the oral certification examination on 13 April 2003 but had declined the examination due to his military deployment. In this advisory opinion, the Chief, AMEDD Special Pay Branch, states that the applicant is requesting retroactive BCP for the period 13 April 2003 through 17 November 2004 due to the applicant's contingency mission deployment and his inability to take his board certification until he returned from his mission. The Special Pay Branch...
ARMY | BCMR | CY2005 | 20050011609C070206
Carmen Duncan | |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 for 8 years and 00 weeks. The Memorandum for Record, dated 28 March 2005, from Headquarters, USAREC Liaison, 43rd Adjutant General Reception Battalion at Fort Leonard Wood, Missouri, states that in accordance with Army Regulation 601-210, paragraph 8-6(f), the term of...
ARMY | BCMR | CY2005 | 20050011615C070206
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. The evidence of record confirms that a Recruiter authorized the applicant's enlistment contract with the LRP benefit incentive. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2005 | 20050011616C070206
The applicant's service records contain a DD Form 2329 (Record of Trial by Summary Court-Martial), dated 28 January 2005, which shows the trial proceedings were held on 28 January 2005. The applicant submitted a letter, dated 9 June 2005, wherein he states that he was appointed a trial defense military lawyer who was not able to represent him because he was on rest and recuperation leave. The sentence was adjudged by the summary court officer and approved by the summary court-martial...
ARMY | BCMR | CY2005 | 20050011619C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his enlistment contract be corrected by changing his term of service from 8 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 his term of service as 4 years and 00 weeks.
ARMY | BCMR | CY2005 | 20050011621C070206
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 | 20050011628C070206
Jeanette McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The DD Form 4/1 of the applicant's enlistment contract shows that he enlisted in the Army Reserve with no prior service for 6 years and 00 weeks on 9 July 2005. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his term of service as 8 years and 00 weeks _______John...
ARMY | BCMR | CY2005 | 20050011640C070206
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 his term of service as 4 years and 00 weeks. _____ Ted Kanamine_______ CHAIRPERSON INDEX |CASE ID |AR20050011640 | |SUFFIX | | |RECON |YYYYMMDD | |DATE BOARDED |20051013 | |TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) | |DATE...
ARMY | BCMR | CY2005 | 20050011642C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his enlistment contract be corrected by changing his term of service from 8 years and 00 weeks to 5 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 his term of service as 5 years and 00 weeks.
ARMY | BCMR | CY2005 | 20050011644C070206
LaVerne Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his enlistment contract be corrected by changing his pay grade to E-4. As a result, the Board recommends that the records of the individual concerned be corrected by amending his DD Form 4/1 and 4/3 to reflect his pay grade as "E-4."
ARMY | BCMR | CY2005 | 20050011647C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's DD Form 214 verifies that he enlisted in the Army within 2 years and 7 months of completion of his reserve obligation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his pay grade of E-3.
ARMY | BCMR | CY2005 | 20050011650C070206
The applicant states he requested promotion reconsideration from the Special Review Board (SRB), but the SRB initially cited the incorrect Officer Record Brief (ORB) as the basis for his request and stated there was no evidence of an effort on his part to review his file prior to the convening of the promotion board. The applicant's voter completion sheet for the FY03 Colonel promotion selection board was not annotated to show he had served in a joint duty assignment. The ORB seen by the...
ARMY | BCMR | CY2005 | 20050011676C070206
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. 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. As a result, the Board...
ARMY | BCMR | CY2005 | 20050011677C070206
SUPPLEMENTAL RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 August 2005 DOCKET NUMBER: AR20050011677 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. On 29 June 2004, this Board recommended correction of the applicant's records, in part, by issuing him a certificate for award of the Purple Heart (First Oak Leaf Cluster) for wounds received during...