ARMY | BCMR | CY2005 | 20050018069C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests removal of a DA Form 2627 (Record of Proceedings Under Article 15 UCMJ) and associated documents including the Relief for Cause Noncommissioned Officer Evaluation Report (NCOER) and his removal from drill sergeant status. Paragraph 6-7 states that substantive appeals must be submitted within 5 years of the NCOER's completion date.
ARMY | BCMR | CY2005 | 20050018070C070206
Qawly Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her reenlistment contract be corrected by changing her date of enlistment/reenlistment from 24 October 2006 to 24 October 2005. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing her reenlistment date, signature date for the service representative, commander...
ARMY | BCMR | CY2005 | 20050018083C070206
Counsel states, in effect, that the applicant was an active duty CPT in the USAR when he submitted an application for the AGR Program in March 1997, along with necessary waivers with his application. There is no evidence of record that shows the applicant was ordered to active duty in the AGR Program or that he completed and signed a statement that he would serve in a captain position for at least 3 years. The evidence of record also shows that the representative of the FTSMD, Accessions...
ARMY | BCMR | CY2005 | 20050018084C070206
William Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Accordingly, his DD Form 214 dated 17 October 1993 should be corrected to reflect that he had 2 years, 8 months and 8 days of Total Prior Active Service instead of the 2 years, 3 months and 23 days that is currently reflected. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in block...
ARMY | BCMR | CY2005 | 20050018085C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 August 2006 DOCKET NUMBER: AR20050018085 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. Gerald J. Purcell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant is requesting correction of an alleged error or injustice which...
ARMY | BCMR | CY2005 | 20050018096C070206
Records show the applicant applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge. 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 Records (ABCMR) should...
ARMY | BCMR | CY2005 | 20050018099C070206
Ernestine Fields | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The regulation, in effect at the time of the FSM’s death, does not provide for the issuance of a DD Form 214 for a Soldier whose active duty tour ends because of death. The DD Form 214 is a "snapshot in time" and is a reflection of the FSM's record of active Army service at the time of his separations (10 October 1958 and 11 January 1963) from active duty.
ARMY | BCMR | CY2005 | 20050018104C070206
Counsel states that the March 2005 board of inquiry improperly considered information and records that were presented to the December 2002 board of inquiry that had voted to retain the applicant, thereby making the applicant's discharge illegal and contrary to Army Regulation 600-8-24 (Officer Transfers and Discharges). In 1997 the applicant was diagnosed with chronic inflammatory demyelinating polyneuropathy (CIDP), a neurological disorder characterized by progressive weakness and impaired...
ARMY | BCMR | CY2005 | 20050018105C070206
John G. Heck | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his National Guard Federal Recognition Order, dated 21 November 2005, for promotion to the grade of first lieutenant be corrected to show the effective date 15 June 2005. Evidence of record shows that the applicant completed the Infantry Officer Basic Course on 13 July 2004.
ARMY | BCMR | CY2005 | 20050018113C070206
On 20 May 1982, the unit commander recommended the applicant be discharged under the provisions of Army Regulation 635-200, chapter 5 with issuance of a general discharge. He stated he had been adjusting to the military for over 2 years. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army.
ARMY | BCMR | CY2005 | 20050018116C070206
There are also no orders in the applicant’s military records showing that he was awarded the Purple Heart. The applicant participated in six campaigns during his two tours in Vietnam; therefore, he is entitled to correction of his military records to show one silver service star and one bronze service star to be affixed to his Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...
ARMY | BCMR | CY2005 | 20050018119C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 August 2006` DOCKET NUMBER: AR20050018119 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 requests that his DD Form 214 be corrected to show the Purple Heart for wounds received as a result of action with the enemy forces. While the applicant’s DD Form 214 shows that he was wounded in...
ARMY | BCMR | CY2005 | 20050018125C070206
His separation document shows the narrative reason for his separation as Entry Level Status Performance and Conduct. Army Regulation 635-200, chapter 11 provides for Entry Level Status Performance and Conduct discharges for Army personnel. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.
ARMY | BCMR | CY2005 | 20050018128C070206
The applicant was assigned duties in Vietnam where he served for 4 months and 21 days. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. In order to justify correction of a military record the applicant must show to...
ARMY | BCMR | CY2005 | 20050018129C070206
Fields | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 30 November 2004, the applicant was honorably discharged from the WAARNG and as a Reserve of the Army under the provisions of National Guard Regulation 600-8, paragraph 8-26j(1) for being medically unfit for retention. However, the evidence of record shows the applicant’s rear detachment OIC requested a formal mental health evaluation on the applicant, not...
ARMY | BCMR | CY2005 | 20050018132C070206
However, the applicant's records show he did not complete the last 8 years of qualifying service while a member in an authorized Service, as specified in Title 10, USC, 12732. The evidence of record shows that at the time the applicant received orders transferring him to the USAR Control Group (Retired) he had completed 20 years of qualifying service and was 45 years old. However, the applicant's last 7 years of USAR service were non-qualifying.
ARMY | BCMR | CY2005 | 20050018133C070206
He also requests that his records be corrected to show he was given a battlefield commission. A VA Rating Decision dated 5 November 2005 indicated that the applicant’s service medical records from 5 September 1969 through 12 August 1971 were available. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his DD Form 214 to show the Expert Marksmanship Qualification Badge with rifle bar (M-16) in lieu of the...
ARMY | BCMR | CY2005 | 20050018135C070206
The applicant requests that his WD AGO Form 53-55 (Enlisted Records and Report of Separation Honorable Discharge) be corrected to show the awards of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM) by virtue of the CIB. Therefore, he is entitled to correction of his records to show award of the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Combat Infantryman Badge, Bronze...
ARMY | BCMR | CY2005 | 20050018136C070206
The applicant requests, in effect, correction of his 1980 and 1995 reenlistment eligibility (RE) codes, correction of the status of his period of service in 1994 and 1995, correction of his pay grade to E-5, and separation pay for the years of 1980, 1986, and 1995. A 27 June 1975 DD Form 214 (Report of Separation) indicates the applicant was honorably discharged under the Trainee Discharge Program (Army Regulation 635-200, chapter 5 as then in effect). These codes are contained on military...
ARMY | BCMR | CY2005 | 20050018140C070206
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by listing her foreign service/deployments in support of Operation Enduring Freedom and Operation Iraqi Freedom. Evidence shows the applicant was awarded an Army Commendation Medal (ARCOM) for meritorious service while deployed in support of Operation Iraqi Freedom, from 1 October 2003 to 7 January 2004. Evidence of record shows that while the applicant was assigned to Germany...
ARMY | BCMR | CY2005 | 20050018155C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 July 2006 DOCKET NUMBER: AR20050018155 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. Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 January 1946, the date of...
ARMY | BCMR | CY2005 | 20050018156C070206
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Air Medal. There are no orders or other evidence on file in his record authorizing award of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the...
ARMY | BCMR | CY2005 | 20050018162C070206
Accordingly, he was discharged under honorable conditions on 10 December 1993, under the provisions of Army Regulation 635-200, chapter 14, for misconduct – conviction by civil authorities. The applicant applied to the Army Discharge Review Board (ADRB) on 18 June 1998 requesting that his discharge be upgraded to honorable based on the same issues he has asserted to this Board. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by...
ARMY | BCMR | CY2005 | 20050018185C070206
The applicant requests, in effect, adjustment to his promotion effective date and date of rank to captain from 30 October 2005 to 30 October 2004. The NGB, Personnel Division official recommended that the applicant's promotion effective date be adjusted to 22 June 2005, due to the fact that TAG approved the applicant to be promoted on that date based on a position vacancy promotion. As a result, the Board recommends that all State of Kansas Army National Guard and Department of the Army...
ARMY | BCMR | CY2005 | 20050018188C070206
The applicant states his application was filed outside the Board’s three-year statue of limitations because the Army did not provide him with copies of the MOIs to the promotion boards until 21 November 2005, and legal precedents regarding religious discrimination has only recently been established. The advisory opinion noted that, given the promotion statistics for the two promotion boards and the absence of critical faith group promotion instructions in the MOIs, it was readily apparent...
ARMY | BCMR | CY2005 | 20050018198C070206
The awards regulation does not show that there was a service ribbon authorized solely for service in Germany, with the exception of Berlin, during the period the applicant served there. The evidence of record shows that during the period he served in Germany, the applicant was never recommended for, or awarded an individual decoration by proper authority. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his...
ARMY | BCMR | CY2005 | 20050018201C070206
The applicant requests, in effect, award of the Bronze Star Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross, and any other awards or decorations not listed on his discharge document that he is entitled to for his service in the U.S. Army. The applicant's DD Form 214, issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service...
ARMY | BCMR | CY2005 | 20050018202C070206
The applicant requests that his discharge be upgraded. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. As a result, the time for the applicant to file a request for correction of any error or injustice to this...
ARMY | BCMR | CY2005 | 20050018203C070206
Ronald Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The spouse MUST NOT SIGN this statement before the member makes the SBP election and signs the form. The member may elect not to participate (with their spouse’s concurrence, if required), but the election must be made before the first day for which the member is eligible to receive retired pay.
ARMY | BCMR | CY2005 | 20050018207C070206
The applicant was discharged on 4 December 1970 under the provisions of Army Regulation 635-200, chapter 10 with a UD. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A punitive discharge is authorized for...
ARMY | BCMR | CY2005 | 20050018208C070206
The applicant requests that his separation document (WD AGO Form 53-55) be corrected to reflect his award of the Purple Heart, his wounds and his award of the Bronze Star Medal (BSM). The applicant’s military records are not available to the Board for review. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2005 | 20050018210C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 September 2006 DOCKET NUMBER: AR20050018210 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 evidence shows that the entry "Relief from active duty training (see 32)" in item 11a of the DD Form 214 was entered in error. However, it appears from the available evidence that the applicant was performing...
ARMY | BCMR | CY2005 | 20050018212C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. This form shows that the applicant contends that his discharge was unjust because he was very young when he was in the military. Records show that the applicant was only 17 years of age at the time of his offenses.
ARMY | BCMR | CY2005 | 20050018215C070206
Since the applicant’s record of service included one nonjudicial punishment and 48 days of lost time, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge or a general discharge. It is noted that during an interview the applicant stated his reasons for going AWOL (his daughter was very sick, no...
ARMY | BCMR | CY2005 | 20050018216C070206
The applicant states, in effect, he served a total of 11 years in Reserve Components (RC) of the United States Army, but never received the AFRM, which is awarded for 10 years of service in the RC. The applicant is requesting correction of an alleged error or injustice that occurred on 9 July 1999, the date of his discharge from the USAR. However, there is insufficient evidence to support granting the requested relief.
ARMY | BCMR | CY2005 | 20050018217C070206
His retinitis pigmentosa was determined to be congenital, existing prior to his entrance onto active duty with no aggravation by his military service. The opinion states the applicant's disability processing was proper and the preponderance of evidence did not support the applicant's request. Preponderance of evidence is defined as that degree of proof necessary to fully satisfy the board members that there is greater than a 50% probability that the disease was neither incurred during nor...
ARMY | BCMR | CY2005 | 20050018219C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 October 2006 DOCKET NUMBER: AR20050018219 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. In accordance with Title 10, United States Code, Section 1552, the authority under which this Board acts, the Army Board for Correction of...
ARMY | BCMR | CY2005 | 20050018222C070206
The applicant requests, in effect, that the Combat Infantryman Badge be added to his DD Form 214, Certificate of Release or Discharge from Active Duty. He is therefore entitled to award of the Good Conduct Medal for the period 24 January 1989 through 23 January 1992 and to have this award added 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. awarding the applicant the Good Conduct Medal for the...
ARMY | BCMR | CY2005 | 20050018223C070206
Other than the CID Investigation Report and the Article 32 recommendation, the record contains no documentation related to the applicant's drug charge and/or his discharge processing. Although the discharge documentation is not of record, the evidence of record shows that the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service in lieu of trial by court-martial. Chapter 10 of that regulation provides, in pertinent part, that a...
ARMY | BCMR | CY2005 | 20050018224C070206
A DD Form 215 (Correction to DD Form 214), dated 18 March 1982, corrected the applicant's ninth digit of his SSN. In the absence of evidence to the contrary, it must be presumed that the applicant furnished the address shown in item 19 on his DD Form 214 at the time of his separation. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within...
ARMY | BCMR | CY2005 | 20050018231C070206
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Bronze Star Medal (BSM). The applicant's records show that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Bronze Star Medal, Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and...
ARMY | BCMR | CY2005 | 20050018232C070206
The applicant requests, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the award of the Bronze Star Medal (BSM). Evidence of records show that the applicant is entitled to the award of the Bronze Star Medal based on the award of the Medical Badge. Therefore, he is entitled to correction of his record to show this award.
ARMY | BCMR | CY2005 | 20050018240C070206
The applicant requests, in effect, that item 16 (High School Graduate or Equivalent), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected to show an "X" in the "Yes” block and to show that he withdrew from the VEAP (Veterans’ Educational Assistance Program) and received all monies returned to him while serving on active duty (AD). The applicant’s records contain a copy of a DA Form 3286-30-R (Statement for Enlistment), dated 23 June 1983, which indicates...
ARMY | BCMR | CY2005 | 20050018244C070206
Army Regulation 600-8-22 (Military Awards) provides for award of the CIB to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that...
ARMY | BCMR | CY2005 | 20050018247C070206
On 10 June 1981 the Army Discharge Review Board denied the applicant's petition to upgrade his discharge. 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 Records (ABCMR) should...
ARMY | BCMR | CY2005 | 20050018256C070206
The applicant requests that his records be corrected to reflect award of the Purple Heart and any other decorations he may be entitled to. There were no service medical records available to the Board or provided by the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing a silver service star on his Vietnam Service Medal, two awards of the Meritorious Unit Commendation, and a Republic of Vietnam Gallantry...
ARMY | BCMR | CY2005 | 20050018261C070206
The applicant provides documentation on another Soldier who graduated in March 2003, from the same OCS Course M01 on 7 March 2003, was order to active duty in support of Operation Noble Eagle, as was the applicant, however the other Soldier was appointed as a second lieutenant on 7 March 2003 the day they graduated from OCS, and was promoted to first lieutenant on 7 March 2005. In the processing of this case an Advisory Opinion was obtained from the Department of the Army, National Guard...
ARMY | BCMR | CY2005 | 20050018264C070206
The applicant’s military records are not available to the Board for review. Accordingly, the applicant was discharged with a dishonorable discharge on 13 February 1959 under the provisions of Army Regulation 635-204, for conviction by a general court-martial. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2005 | 20050018274C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 July 2006 DOCKET NUMBER: AR20050018274 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. William Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence the applicant received the first award of the Good Conduct Medal.
ARMY | BCMR | CY2005 | 20050018284C070206
He also received two adverse counseling statements, on 7 September 1983 and 20 October 1983, for possible separation from military service and for being late to guard mount on three separate occasions. The applicant's service record shows he received two Article 15s, a bar to reenlistment, and several adverse counseling statements. As a result, his record of service was not honorable and did not meet the standards of acceptable conduct and performance of duty for Army personnel.