ARMY | BCMR | CY2005 | 20050011678C070206
On 17 September 2004, the applicant submitted his DA Forms 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application) for the two Private Loans he obtained through Citibank USA, N.A. The applicant’s military records should be corrected to show his Statement for 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...
ARMY | BCMR | CY2005 | 20050011683C070206
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 | 20050011685C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s training of choice reservation notification shows the applicant enlisted for a term of 3 years and 22 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 3 years and 22 weeks.
ARMY | BCMR | CY2005 | 20050011686C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her records be corrected to show that she enlisted for a period of 4 years. 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 | 20050011687C070206
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 4 years and 00 weeks to 6 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 6 years and 00 weeks.
ARMY | BCMR | CY2005 | 20050011689C070206
Kenneth W. Lapin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s request to remove the GCM orders in question from his OMPF, or to transfer these orders from the P-Fiche to the R-Fiche of his OMPF, and the supporting documents he submitted were carefully considered. However, regulations governing the composition of the OMPF and the removal or transfer of unfavorable information provide no provisions...
ARMY | BCMR | CY2005 | 20050011692C070206
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. By regulation, Army Guidance Counselors are required to verify and counsel applicants on their eligibility for the options they agreed to prior to their departing for active duty. Based on the loans not being...
ARMY | BCMR | CY2005 | 20050011697C070206
The OSRB concluded that the contested OER was processed correctly by the appropriate rating officials in accordance with Army Regulation 623-105, Officer Evaluation Reporting System, paragraph 2-20, loss of rating chain member. He maintains that his original SR could render reports until he was relieved of SR duties, not suspended from command duties. The applicant again argues that his original SR could render the evaluation report until he was relieved from SR duties and not suspended.
ARMY | BCMR | CY2005 | 20050011703C070206
The applicant requests, in effect, that he be reinstated to the sergeant first class (SFC) promotion list, and that he be promoted to that rank. On 17 December 2004, the applicant’s promotion to SFC was authorized in United States Army Human Resources Command (HRC) Orders Number 352-35, with a promotion effective date and date of rank of 1 January 2005. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes in pertinent the process of removing Soldier's from a recommended list.
ARMY | BCMR | CY2005 | 20050011704C070206
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 Understanding was amended to include the sentence, “If a student loan is accepted by the official processing you...
ARMY | BCMR | CY2005 | 20050011706C070206
ARMY | BCMR | CY2005 | 20050011708C070206
LaVerne Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected to show that he enlisted for a period of 8 years. The DD Form 4/1, of the applicant's enlistment contract, shows that he enlisted with no prior service in the Army Reserve for 6 years and 00 weeks on 30 June 2005.
ARMY | BCMR | CY2005 | 20050011711C070206
The applicant requests, in effect, that Permanent Orders 278-02 revoking Permanent Orders 68-341 awarding the Good Conduct Medal be removed from his Official Military Personnel File (OMPF). Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. Most probably, Permanent Orders 68-341 awarded the Good Conduct...
ARMY | BCMR | CY2005 | 20050011715C070206
Linda M. Barker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, removal of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) from the restricted portion (R-Fiche) of his Official Military Personnel File (OMPF). The commander's decision whether to file a record of nonjudicial punishment on the performance section of a Soldier's Official Military Personnel File (OMPF) is as...
ARMY | BCMR | CY2005 | 20050011717C070206
The applicant requests, in effect, that the Army repay two student loans under the Loan Repayment Program (LRP). 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 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 | 20050011718C070206
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 4 years and 19 weeks to 3 years and 19 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 3 years and 19 weeks.
ARMY | BCMR | CY2005 | 20050011720C070206
Linda M. Barker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. When he completed gastroenterology training in June 2004, he would have been eligible to renegotiate his ISP contract effective 1 July 2004 through 30 June 2005 for a rate of $26,000 per year. In accordance with the advisory opinion, it would be equitable to correct the applicant's records to show he renegotiated his ISP contract effective 1 July 2004.
ARMY | BCMR | CY2005 | 20050011725C070206
The applicant provided documentation relating to his enlistment in the U.S. Army Reserve and Regular Army that shows the terms and enlistment options he contracted for upon entry on active duty in the Army. These documents offer evidence of the applicant's enlistment options. The advisory opinion also states that the terms of the scholarship contract require that a cadet either repay his debt monetarily or agree to be ordered to active duty through ROTC channels based on the needs of the Army.
ARMY | BCMR | CY2005 | 20050011732C070206
Linda D. Simmons | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. This supervisor supports transferring the GCM order in question to the R-Fiche of the applicant’s OMPF to allow for the applicant’s advancement in the Army. The GCM order in question is filed in the P-Fiche of his OMPF in accordance with the applicable regulation.
ARMY | BCMR | CY2005 | 20050011733C070206
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 | 20050011739C070206
The applicant requests, in effect, removal of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), from his military service record. The evidence of record shows that the written reprimand that is filed in the performance section of the applicant's OMPF was issued as part of the Article 15 punishment. The Board notes the applicant’s successful duty performance since the incident; however, it finds this is not sufficiently mitigating evidence to warrant removal of the properly...
ARMY | BCMR | CY2005 | 20050011746C070206
The applicant continued to receive the Foreign Language Proficiency pay when a DA Form 4187 was submitted and processed; therefore, he had no reason to assume the pay was not authorized. The memorandum concluded that approving the request for remission or cancellation of the debt would be just and in the best interest of the applicant and his family. Army Regulation 600-4 (Remission or Cancellation of Indebtedness for Enlisted Members) serves as the authority for processing applications...
ARMY | BCMR | CY2005 | 20050011748C070206
The applicant requests, in effect, that the Army repay a consolidated 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 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...
ARMY | BCMR | CY2005 | 20050011749C070206
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 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 her term of service as 5 years and 00 weeks.
ARMY | BCMR | CY2005 | 20050011751C070206
The commander does not have authority to direct that an NCOER evaluation be changed, and the commander may not use command influence to alter the honest evaluation of an NCO by a rating official. The applicant has alleged many violations of the regulations, the NCOER system, and the standards of conduct; however, she does not provide evidence in the form of written reports or credible information which would almost certainly have led to an IG investigation or commander's inquiry. In the...
ARMY | BCMR | CY2005 | 20050011752C070206
At the time of his REFRAD he had 52.5 days of accrued leave. The applicant applied to the Air Force Board for Correction of Military Records to have his records corrected to reflect that his 52.5 days of accrued leave had been restored to his account and on 2 October 2000, that Board denied his request. However, there was a 6 day break in service from the time he was REFRAD from the Army and entered active duty with the Air Force.
ARMY | BCMR | CY2005 | 20050011753C070206
His Statement for Enlistment United States Army Enlistment Program shows that he enlisted for the LRP up to a maximum repayment of $65,000 in addition to other incentives. 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...
ARMY | BCMR | CY2005 | 20050011754C070206
However, because the promotion boards can see his restricted fiche, the GOMOR has prevented him from being selected for promotion to the pay grade of E-7. Army Regulation 600-8-19, Enlisted Promotions and Reductions, serves as the authority for the conduct of selection boards. Promotion boards for selection to the pay grades of E-7 and E-8 are not routinely provided information from the restricted fiche of eligible Soldiers.
ARMY | BCMR | CY2005 | 20050011755C070206
ARMY | BCMR | CY2005 | 20050011756C070206
The applicant states that his command did not adhere to Army Regulation 600-8-19 (Enlisted Promotions and Reductions) when they removed him from the promotion list by not documenting and justifying his reduction or giving him the proper counseling on the basis of his removal. He stated that his recommendation for removal from the promotion list for not meeting weight requirements was not within the time prescribed in Army Regulation 600-9 (The Army Weight Control Program), which states a...
ARMY | BCMR | CY2005 | 20050011758C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 November 2005 DOCKET NUMBER: AR20050011758 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. Joe R. Schroeder | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction of Item 12a (Date entered AD This Period) of...
ARMY | BCMR | CY2005 | 20050011759C070206
The applicant's records show that she completed the required military and civilian education for promotion prior to being promoted to captain and prior to her eligibility (MYIG) date. The Reserve Officer Personnel Act in effect prior to ROPMA required completion of 3 years as a 2LT and 4 years as a 1LT before promotion to captain. In view of the circumstances in this case, the applicant is entitled to adjustment to her promotion effective date and date of rank for captain to 1 March 2001,...
ARMY | BCMR | CY2005 | 20050011763C070206
The medical records submitted by the applicant failed to show that the medical condition hindered her from performing the required duties or excused her from physical training. The Deputy Chief of Staff, G1 stated that the terms of the scholarship contract required that the Cadet either repay the debt monetarily or agree to be ordered to active duty through ROTC channels based on the needs of the Army. In conclusion, she requests that her medical condition, her grades, and her years spent...
ARMY | BCMR | CY2005 | 20050011764C070206
The evidence of record shows the applicant executed the appropriate contracts and was paid annual ISP at $28,000/year, effective 1 January 2003 and again on 1 January 2005. However, the evidence of record shows that the applicant was physically unable to avail herself to execute the ISP agreement and then pending medical evaluation board determination of her retention on active duty, her contract was not provided for execution. The advisory opinion states that the applicant should be...
ARMY | BCMR | CY2005 | 20050011768C070206
LaVerne Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the first Permanent Order Number 123-22, dated 3 May 2003, for the Army Commendation Medal (ARCOM) with "V" Device for heroism during the period 31 March 2003 to 4 April 2003 in Iraq filed in the Commendatory Data section on his Official Military Personnel File (OMPF) be expunged. As a result, the Board recommends that...
ARMY | BCMR | CY2005 | 20050011774C070206
The applicant was also notified by HRC that they had received the Department of Defense (DD) Form 2475 (DoD Educational Loan Repayment Program Annual Application), and they had determined the loan totaling $9,263.76 did not qualify for repayment under the LRP. 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. As a result, the Board recommends that all...
ARMY | BCMR | CY2005 | 20050011781C070206
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The Reserve Officer Personnel Management Act (ROPMA) authorized an adjustment to a captain's date of rank for those who served more than 7 years as a second and first lieutenant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to captain with an adjusted promotion...
ARMY | BCMR | CY2005 | 20050011795C070206
The Cadet Command Surgeon reviewed the medical documentation provided by the applicant and determined him to be medically qualified, since controlled hypothyroidism is not disqualifying. The U. S. Army Cadet Command Surgeon’s opinion that the applicant is medically qualified, since controlled hypothyroidism is not disqualifying, has been considered. The applicant has provided evidence to show that he has a medical condition, hypothyroidism, which causes obesity.
ARMY | BCMR | CY2005 | 20050011804C070206
The applicant requests that the records of his brother, a deceased former service member, be corrected to reflect award of the Bronze Star Medal for heroism. 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 brother's separation document. The evidence confirms that the former service member's recommendation for award of the Bronze Star Medal...
ARMY | BCMR | CY2005 | 20050011887C070206
His promotion orders specified in the additional instructions that the promotion was awarded with the condition that the applicant must be enrolled in and successfully complete the Noncommissioned Officer Education System (NCOES) course required for the grade to which promoted. In November 2000, the applicant submitted a request to retain his rank and to be given an opportunity to attend ANCOC Phase I. Notwithstanding that conditional promotions were suspended approximately 5 months after...
ARMY | BCMR | CY2005 | 20050011905C070206
SUPPLEMENTAL RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2005 DOCKET NUMBER: AR20050011905 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. Marla J. Troup | |Member | The Board considered the following additional evidence: Exhibit C – (show the identifying data for the original Record of Proceedings) CONSIDERATION OF ADDITIONAL EVIDENCE: 9. ...
ARMY | BCMR | CY2005 | 20050011971C070206
The applicant requests that his general discharge due to unsatisfactory performance be upgraded to an honorable discharge by reason of physical disability. The documents provided by the applicant show that as of 14 June 2005, the applicant is rated by the VA as being as 80% disabled and for VA purposes is considered 100% totally disabled. 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...
ARMY | BCMR | CY2005 | 20050011982C070206
Randolph Fleming | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his Undesirable / Clemency Discharge be upgraded so as to allow him to receive veterans benefits. There is no indication in the available records to show that the applicant ever applied to the ADRB for an upgrade of his discharge within that board’s 15-year statute of limitations.
ARMY | BCMR | CY2005 | 20050012024C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 September 2005 DOCKET NUMBER: AR20050012024 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. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.
ARMY | BCMR | CY2005 | 20050012073C070206
The USAPDA Deputy Commander continues that there is no evidence that the applicant's tumor was present while on active duty in 1999 and did not present sufficient evidence to show the condition was unfitting. The Chief, Neurosurgery Service continues that he further elaborates his statement that the lesion in the applicant's brain was present prior to his retirement from the Army. In concurrence with the advisory opinion, there is no evidence in the applicant's service records and the...
ARMY | BCMR | CY2005 | 20050012102C070206
The applicant's records show that he completed the required military and civilian education for promotion prior to being promoted to captain and prior to his eligibility (MYIG) date. 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...
ARMY | BCMR | CY2005 | 20050012108C070206
The applicant requests removal of a Special Court-Martial Order from his Official Military Personnel File (OMPF). The OMPF Online: My Records page shows that the court- martial order is listed as being filed in the restricted section of the applicant's OMPF. Evidence of record shows that the court-martial order in question is properly filed in the restricted section of the applicant's OMPF.
ARMY | BCMR | CY2005 | 20050012110C070206
Counsel states that the applicant was promoted to the pay grade of E-7 pending completion of the ANCOC and that he was administratively removed from the NCO Academy, due to misconduct, based on the school's erroneous belief that he was involved in a hit-and-run accident in the student parking lot. The MP report indicates that the applicant and the other soldier were both taken into custody; that they both submitted sworn statements; and that both were later released. Although a review of...
ARMY | BCMR | CY2005 | 20050012116C070206
Also, Part V (Overall Performance and Potential), showed in Part Vc (Senior Rater. This Army regulation also shows that when the board grants an appeal, either in whole or in part that results in the removal or substantive alteration of an evaluation report that has already been seen by one or more promotion boards that previously failed to select the appellant, the ESRB will make a determination whether promotion reconsideration by one or more special boards is justified. Therefore, there...
ARMY | BCMR | CY2005 | 20050012121C070206
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 1 August 2005, shows that the enlistment contract (DD Form 4/3) is incorrect and the term of enlistment should be corrected to show the term of enlistment in the RA as 3 years and 16 weeks. The applicant's request for correction of enlistment data, if approved by the Army Board for Correction of Military...