ARMY | BCMR | CY2005 | 20050012124C070206
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 for Enlistment was amended to include the sentence, “If a student loan is accepted by the official processing you for enlistment...
ARMY | BCMR | CY2005 | 20050012130C070206
Evidence of record shows Permanent Orders Number 087-610, A Detachment, 509th Personnel Service Battalion, dated 28 March 1997. Evidence of record shows he received the AGCM (3rd Award) for the period 13 May 1994 through 12 May 1997 and the AGCM (4th Award) for the period 12 May 1997 through 11 May 2000. As a result, the Board recommends that Department Permanent Order 318-03, Installation Troop Command Military Personnel Department, U.S. Army Garrison-Hawaii of the individual concerned be...
ARMY | BCMR | CY2005 | 20050012137C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that a duplicate award of Meritorious Service Medal (MSM) be removed from her Official Military Personnel File (OMPF). Therefore, one of the award certificates for the MSM for period 1 August 2001 to 4 June 2004 should be removed from her records.
ARMY | BCMR | CY2005 | 20050012141C070206
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. 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. 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...
ARMY | BCMR | CY2005 | 20050012181C070206
The DFAS Summary of Retired Pay Account dated 18 November 2004 indicates DFAS did not receive her SBP election and therefore she was provided automatic SBP coverage effective 1 November 2004. The Separations and Retirement Section, Fort Belvoir, VA provided DFAS a DD Form 2656 which indicated the applicant had declined to participate in the SBP on 28 October 2004. Nevertheless, the evidence shows the applicant's spouse did concur with her election not to participate in the SBP.
ARMY | BCMR | CY2005 | 20050012262C070206
SUPPLEMENTAL RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 August 2005 DOCKET NUMBER: AR20050012262 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 24 August 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 AR20050000877, dated 18 August...
ARMY | BCMR | CY2005 | 20050012271C070206
The applicant requests, in effect, that his records be corrected to show that: a. he was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) Individual Ready Reserve (IRR) not the Retired Reserve on 6 August 2001; b. he met the requirements for continuation of the Voluntary Separation Incentive (VSI) annuity; c. he remained in the IRR until the date of his total disability rating from the Department of Veterans Affairs (VA); d. he was transferred to the Retired...
ARMY | BCMR | CY2005 | 20050012318C070206
On 27 November 2002 an informal PEB concluded the applicant’s low back pain precluded performance of his military duties and recommended separation with a 10 percent disability rating. The applicant was discharged from the United States Army Reserve on 14 May 2003 with a disability rating of 20 percent. A May 2005 medical summary noted his Charcot-Marie-Tooth Disease and chronic low back pain were both presently stable.
ARMY | BCMR | CY2005 | 20050012332C070206
The applicant requests, in effect: a. his records be corrected to show he was retained on active duty due to sanctuary and given a 20-year length of service retirement; b. in the alternative, his records be corrected to show he was retained on active duty due to sanctuary and given a medical retirement on an appropriate date determined by the Army Board for Correction of Military Records (ABCMR); c. his DA Form 2173 (Statement of Medical and Line of Duty Status) initiated on 20 December 1994...
ARMY | BCMR | CY2005 | 20050012335C070206
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 $11,452.00 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...
ARMY | BCMR | CY2005 | 20050012337C070206
Carmen Duncan | |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 in the United States Army Reserve (USAR) under the Delayed Entry Program (DEP) on 16 July 1999, that his DD Form 214 be corrected and that he receive service credit for that time. The applicant originally contracted for enlistment in the DEP on 16 July 1999 and enlistment in the...
ARMY | BCMR | CY2005 | 20050012339C070206
The applicant requests 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 Education Act of...
ARMY | BCMR | CY2005 | 20050012380C070206
In the memorandum dated 20 November 2001, the applicant informed the Commander, III Corps, that an AR 15-6 investigation had been initiated on 2 August 2001, and that an investigating officer (IO) was appointed to investigate the individuals involved for potential fraud. On 11 March 2002, a Command Climate investigation was conducted in the 15th Finance Battalion and the 13th Finance Group and the IO's overall assessment for the 15th Finance Battalion was that morale was very low based on...
ARMY | BCMR | CY2005 | 20050012393C070206
Donald L. Lewy | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Evidence of record shows that while serving on active duty, the FSM was selected for promotion to the rank of major in the USAR. Evidence of record shows the FSM was considered twice by the Army Promotion Selection Board for temporary promotion to the rank of major; however, neither board recommended him for temporary promotion to the grade of major.
ARMY | BCMR | CY2005 | 20050012469C070206
He appealed the AER to the Enlisted Special Review Board (ESRB), which resulted in the ESRB finding the AER was in error and removing the AER from his records. The applicant was promoted to SFC on 1 June 2002 conditional upon his successfully completing ANCOC. The applicant appealed the AER and the ESRB granted his appeal to remove the AER.
ARMY | BCMR | CY2005 | 20050012473C070206
He was awarded 3 years and 6 months of constructive credit for active duty grade determination purposes. In his rebuttal, the applicant went on to state that AR 135-101 Table 3-1 number 6, in total, provides for additional credit in unusual cases based on special education or professional experience in the specialty in which assigned when experience is accrued after qualifying degree and licensure, if applicable, and that experience of 1/2 year less earns no credit (see notes, 5, and 6.) ...
ARMY | BCMR | CY2005 | 20050012475C070206
LaVerne Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. It appears as if there were two award certificates presented for the same period of service signed by two different Major Generals. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the award certificate, dated 18 March 2004, for the BSM for meritorious service filed in the...
ARMY | BCMR | CY2005 | 20050012653C070206
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 | 20050012657C070206
On 5 March 2003, the applicant’s brigade commander, the commander who imposed the NJP, directed the DA Form 2627 be filed in the P-Fiche of the applicant’s OMPF, and the applicant appealed the NJP action and submitted additional matters. However, the evidence of record confirms that the disposition and filing of the record of NJP he accepted on 26 February 2003, while he was serving in the rank of SSG, was accomplished in accordance with the applicable regulation. The evidence of record...
ARMY | BCMR | CY2005 | 20050012665C070206
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 her 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 | 20050012669C070206
The applicant provides the following documents in support of request: Enlisted Records and Evaluation Center (EREC) Memorandum, dated 26 August 2005, and eight AGCM award orders, seven orders revoking AGCM award orders and 1 order amending AGCM award orders. In this case, the evidence of record confirms the applicant was erroneously awarded his first AGCM for the period 4 December 1984 to 3 December 1986 even though he did not leave active duty. In this case, the EREC, as the records...
ARMY | BCMR | CY2005 | 20050012674C070206
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. 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 | 20050012690C070206
It that memorandum the physician stated that he treated the applicant for right knee pain and dysfunction, lower back pain, and Post-Traumatic Stress Disorder (PTSD). CONSIDERATION OF EVIDENCE: 1. 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 AR20040008441 on 2 June 2005.
ARMY | BCMR | CY2005 | 20050012741C070206
CONSIDERATION OF EVIDENCE: 1. Army Regulation 600-200, in effect at the time, served as the authority for the conduct of selection boards. It is also noted that at the time the applicant’s records were forwarded to the E-9 Promotion Selection Board, he had only 2 years in grade as an E-8, which is indicative that he was in all likelihood in the secondary zone of consideration.
ARMY | BCMR | CY2005 | 20050012788C070206
The applicant requests, in effect, that the authority and reason for discharge on his NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service) be changed to show "medically retired" (retired by reason of physical disability). The applicant was honorably discharged from the TXARNG on 31 August 1997 under the provisions of NGR 600-200, paragraph 8-26j(1), medically unfit for retention standards of chapter 3, Army Regulation 40-501. It states that separation will be...
ARMY | BCMR | CY2005 | 20050012799C070206
Physicians were responsible for referring Soldiers with medical conditions to an MEB. It also states that physicians are responsible for referring Soldiers with conditions listed in this chapter to an MEB. If the medical evaluation board determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a physical evaluation board.
ARMY | BCMR | CY2005 | 20050012803C070206
The applicant voluntarily requested transfer to the Retired Reserve, the request was approved and the applicant was discharged from the ALARNG and transferred to the Retired Reserve on 4 April 2005. The previous ABCMR found the ASB improper and the Secretarial Authority approved the recommendation to redo the ASB. Given the Board's prior decision, the subsequent ASB, and the TAG's action, he should be made whole by granting an antedated reenlistment contract if appropriate; restoring any...
ARMY | BCMR | CY2005 | 20050012822C070206
The applicant requests that his records be corrected to show his date of birth as 15 April 1939, not 5 December 1938. 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 | 20050012830C070206
The applicant's DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 19 May 2004, shows that he enlisted in MOS 91A in the pay grade E-4. The Chief, Force Alignment Division opined the applicant last separated from the Army on 29 January 2003 in pay grade E-5 and received authorization from the Eligibility Inquiry Section to re-enter and enlisted on 6 February 2004 in the MOS 91A in the pay grade of E-4. The applicant has failed to provide any evidence or...
ARMY | BCMR | CY2005 | 20050012833C070206
LaVerne Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the first award certificate, reflecting Permanent Orders Number 066-1, dated 6 March 2000, for the Meritorious Service Medal (MSM) (First Oak Leaf Cluster) for meritorious service during the period 7 June 1997 to 29 June 2000 filed in the Commendatory Data section on his Official Military Personnel File (OMPF) be expunged. As a...
ARMY | BCMR | CY2005 | 20050012837C070206
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The Memorandum for Record from USAREC, dated 29 August 2005, shows that the enlistment contract is incorrect and the term of enlistment should be corrected to show 3 years and 16 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...
ARMY | BCMR | CY2005 | 20050012839C070206
Faught W. Scott | |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 | 20050012844C070206
The applicant requests, in effect, his Officer Efficiency Report (OER) for the period 12 July 1961 to 31 January 1962 be changed to reflect his consistent excellent evaluations and commendation medal upon his retirement. The indorser stated that the applicant “is especially qualified in conducting technical proficiency inspections on atomic capable units.” The rater and the indorser were the same as listed on the previous report and rendered the exact same ratings in Sections VI, VII, and...
ARMY | BCMR | CY2005 | 20050012887C070206
By regulation, extensions of travel and transportation allowances are not authorized for more than 6 years from the date of retirement. Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 January 2000, the date his 6 year period for extension of military transportation and travel allowances expired. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined during their review that the evidence presented was...
ARMY | BCMR | CY2005 | 20050012937C070206
Her non-selection for continuation in the Active Guard Reserve (AGR) program by the 12 January 2004 Active Federal Continuation Board (AFSTCB) be set-aside; c. Her 30 September 2004 release from active duty (REFRAD) be set-aside and she be reinstated to active duty in the AGR with all back pay and allowances due; d. The 7 February 2003 General Officer Memorandum of Reprimand (GOMOR) that was transferred to the restricted (R-Fiche) portion of her Official Military Personnel File (OMPF) on 8...
ARMY | BCMR | CY2005 | 20050013058C070206
On 29 July 1983, the applicant’s unit commander notified the applicant that he was initiating action to separate him under the provisions of chapter 13, Army Regulation 635-200, by reason of unsatisfactory performance with a General Discharge Certificate. On 1 August 1983, the separation authority approved the applicant’s discharge and directed that he receive an Under Honorable Condition Discharge Certificate. In order to justify correction of a military record the applicant must show to...
ARMY | BCMR | CY2005 | 20050013064C070206
The applicant states she enlisted under the LRP and informed her recruiter that she had two loans, a federal loan and a private loan, both totaling about $56,000.00. The applicant's military records should be corrected to show her 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...
ARMY | BCMR | CY2005 | 20050013092C070206
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was wounded and thereby entitled to the award of the Purple Heart. The applicant’s military records are not available to the Army Board for Correction of Military Records (ABCMR) for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.
ARMY | BCMR | CY2005 | 20050013106C070206
The applicant requests that his $6,700.00 student loan made through Rhode Island Student Loan Authority (RISLA) be paid in accordance with his enlistment option for the Army Student Loan Repayment Program (SLRP). Therefore, there are no Army records that the Board can correct that would allow payment of the applicant’s non- qualifying loan under the SLRP. In doing so, the applicant's military records may be corrected to show his DA Form 1966 was amended to include the sentence "If a...
ARMY | BCMR | CY2005 | 20050013113C070206
The ARPERSCOM, St. Louis, issued the applicant a promotion memorandum, dated 24 November 1999, announcing his promotion to captain with a promotion effective date and date of rank of 30 October 1999, the date after withdrawal of his Federal recognition and his transfer to the Individual Ready Reserve (IRR) on 29 October 1999. The applicant also stated that he was in the ARNG when promoted to captain on 29 October 1999. Records show the applicant should have discovered the alleged error...
ARMY | BCMR | CY2005 | 20050013128C070206
On 8 April 1964, the applicant accepted nonjudicial punishment (NJP) for leaving his appointed place of duty without proper authority. On 19 November 1965, the applicant’s unit commander submitted a recommendation that the applicant be separated under the provisions of Army Regulation 635-208, by reason of unfitness. Therefore, given the circumstances in this case, there is insufficient evidence to grant his request.
ARMY | BCMR | CY2005 | 20050013167C070206
Allen L. Raub | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Combat-Related Special Compensation (CRSC), as established by Section 1413a, Title 10, United States Code, as amended, 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. The Board has no...
ARMY | BCMR | CY2005 | 20050013169C070206
Donald L. Lewy | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 21 February 1983, the applicant was honorably discharged after serving 3 years, 11 months, and 16 days of active military service. On 26 March 1984, the separation authority approved the applicant’s request for discharge and directed that he be reduced to the grade of E-1 and issued an Under Other Than Honorable Conditions Discharge Certificate.
ARMY | BCMR | CY2005 | 20050013174C070206
The applicant requests that his personnel and pay records be corrected to show the date of his Federal Recognition for promotion to the grade of lieutenant colonel (LTC) was 7 July 2001. The applicant provides an extract of a National Guard Bureau (NGB) Table of Distributions and Allowances (TDA), a position description, assignment orders to a LTC position, a notification of selection by a DA Mandatory Board, state promotion orders, an appointment memorandum to the grade of LTC, Federal...
ARMY | BCMR | CY2005 | 20050013187C070206
The applicant requests correction of service medical records to show that he injured his right wrist instead of his left wrist. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. Records show the applicant should have discovered the alleged error now under consideration on 20 January 1946; therefore, the time for the applicant to file a request for correction of any error expired on 1 January 1950 (3 years after the Board...
ARMY | BCMR | CY2005 | 20050013197C070206
It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. The medical treatment records on file and provided by the applicant, and the doctor’s letter submitted, confirm the applicant was extensively treated for a skin condition he developed while in the RVN. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that based on his RVN service and campaign...
ARMY | BCMR | CY2005 | 20050013198C070206
The applicant’s record shows he was awarded the ARCOM on 2 June 1999 for meritorious service during the period 15 July 1996 to 14 July 1999. However, this is the same period as his award for the ARCOM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the award certificate pertaining to the AAM for the period 20 March 2000 to 28 April 2000, and removing the Good Conduct Medal (2nd Award), Permanent Order Number...
ARMY | BCMR | CY2005 | 20050013207C070206
The applicant provides a 30 April 2004 memorandum, a copy of a DA Form 4187 (Personnel Action), and copies of his medical records in support of this application, The applicant stated that he provided a copy of a DA Form 638 (Recommendation for Award), however, this form was not attached to this application. The preponderance of evidence shows that on 23 April 2004, while serving on active duty in Iraq, the applicant sustained wounds as a result of hostile action and was treated for those...
ARMY | BCMR | CY2005 | 20050013215C070206
He further states that the information given in the ABCMR's finding regarding neurological involvement was incorrect because it failed to acknowledge that leg pain from a back injury is always neurological in origin. Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her...
ARMY | BCMR | CY2005 | 20050013253C070206
The applicant requests, in effect, reinstatement in an active Reserve status, promotion to lieutenant colonel, and transfer to the Oregon Army National Guard (ORARNG) to complete his career. The applicant states, in effect, that he was retired from the ORARNG on 31 August 2002. The applicant had completed over 20 years of active Federal service and was released from active duty and transferred to the Retired Reserve on 31 August 2002 based on operation of law for sufficient service...