ARMY | BCMR | CY2006 | 20060003306C070205
David Haasenritter | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. Paragraph 4-10b of Army Regulation 601-210 (Regular Army and Army Reserve...
ARMY | BCMR | CY2006 | 20060003309C070205
He was awarded the Purple Heart for the wounds he received in action on 22 March 1969; however, the general orders were not filed in his service personnel records and therefore, the Purple Heart was not included on his DD Form 214 when he was released from active duty. The evidence shows the applicant served in Vietnam for over six months and was medically evacuated from Vietnam for wounds he received there. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2006 | 20060003312C070205
The applicant's military service records contain a copy of a DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 24 November 2003. Paragraph 2-18 (Enlistment pay grades for persons without prior- service) of Army Regulation 601-210 provides, in pertinent part, that an applicant who has completed 1 or 2 years of JROTC or a National Defense Cadet Corps (NDCC) Program may enlist at any time at pay grade PV2. However, the evidence of record further...
ARMY | BCMR | CY2006 | 20060003318C070205
The applicant requests that his date of appointment in the United States Army Reserve (USAR) be changed to 1 December 2005. In an advisory opinion, dated 7 June 2006, the Chief, Reserve Appointments, Human Resources Command, St. Louis, stated that in Executive Order 13358, the Secretary of Defense was delegated authority, by the President, to appoint officers in the USAR with no further sub-delegation authorized. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2006 | 20060003331
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of his military records to allow him to receive educational benefits associated with the Montgomery GI Bill (MGIB) and the Army College Fund (ACF). There is insufficient evidence to show he was not advised that the $50,000 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.
ARMY | BCMR | CY2006 | 20060003336C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his discharge, characterized as under other than honorable conditions (UOTHC), be upgraded to honorable. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.
ARMY | BCMR | CY2006 | 20060003337C070205
The applicant requests that her records be corrected by changing item 27, Reentry Code (RE-Code), on her DD form 214 (Certificate of Release or Discharge from Active Duty). On 15 November 2000, the applicant, after consulting with counsel, acknowledged that she understood the reasons for her commander’s actions to separate her under the provisions of Army Regulation 635-200, Chapter 14, and its effects and the rights available to her. Pertinent Army regulations provide that prior to...
ARMY | BCMR | CY2006 | 20060003345C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The evidence of record shows that the applicant did sign a statement which clearly states that he understood he would not be able to retire at age 60 unless a waiver was granted. Since the applicant was allowed to enlist in the Army National Guard with the understanding that he could not qualify for retired pay, there is no error or injustice for the Board to correct.
ARMY | BCMR | CY2006 | 20060003383C070205
The applicant requests, in effect, that a separation document be issued to show the awards he earned during his service in the United States Army Reserve (USAR). The applicant provides his DA Form 2-1, Enlisted Record Brief, orders, DD Form 214 (Report of Separation from the Armed Forces of the United States), and a Letter of Appreciation. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2006 | 20060003384C070205
There is no evidence the applicant received the first award of the Good Conduct Medal. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined during their review that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. The Board further determined that the evidence presented is sufficient to award the applicant the Combat Infantryman Badge.
ARMY | BCMR | CY2006 | 20060003388C070205
The evidence of record shows that the applicant was inducted into the Army, served, and was released from active duty under the name of J___ A______ L_____ and that his date of birth is consistently recorded in his military service records as 31 March 1950. The discovery concerning the applicant's name and date of birth did not come about until after the applicant was discharged from the Army. The Board determined that the evidence presented does not demonstrate the existence of a probable...
ARMY | BCMR | CY2006 | 20060003389C070205
The applicant applied to the Army Discharge Review Board for an upgrade of his discharge contending that his discharge was unjust when considering that he had served over 6 years of honorable service without incident, to include a tour in Vietnam. On 29 August 1974 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...
ARMY | BCMR | CY2006 | 20060003396C070205
The applicant states, in effect, that he received a discharge under other than honorable conditions from the Regular Army and he subsequently received a waiver and enlisted in the New Mexico Army National Guard (NMARNG), where he has served honorably for over 20 years and has received two reports of separation (DD Form 214) for honorable service during two calls to active duty and he desires to have his discharge under other than honorable conditions upgraded so that he can attain full time...
ARMY | BCMR | CY2006 | 20060003398C070205
Since the applicant was now [at the time] a member of the Active Army, he could not be considered for promotion by an Army Reserve Standby Promotion board. Promotion authorities will only submit promotion packets of all Soldiers who are in a promotable status for consideration. At time of the May 2004 promotion board, the applicant's promotion packet was not qualified for submission as it showed he was not in compliance with height and weight standards; therefore, he was not in a...
ARMY | BCMR | CY2006 | 20060003401C070205
The applicant requests that his Virginia Army National Guard (VAARNG) discharge be upgraded; that he be granted additional service credit for participating in the Junior Reserve Officer Training Corps (JROTC) and accelerated advancement as a result of his participation. The applicant’s records show he enlisted in the VAARNG on 13 March 1981 in pay grade E-1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2006 | 20060003420C070205
The opinion stated that if the applicant is selected for promotion by an advisory board, he may be eligible for a DOR to MAJ earlier than 13 May 1998, the date he received based on selection by the 1997 DA Reserve Components Selection Board. If the applicant is selected for promotion to MAJ, his records should be further corrected by promoting him to MAJ and assigning the appropriate DOR and by submitting his records to a duly constituted Special Selection Board for reconsideration for...
ARMY | BCMR | CY2006 | 20060003421C070205
The applicant requests that his uncharacterized discharge be changed to honorable. There is no evidence which indicates the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations. He was discharged from the Oregon National Guard on 10 October 1990.
ARMY | BCMR | CY2006 | 20060003422C070205
He further requests, in effect, that his records be corrected to show that he was also found to be unfit for duty due to post-traumatic stress disorder (PTSD) and that this disability was a direct result of armed conflict and/or was caused by an instrumentality of war. The applicant states that he believes an error was made during his formal Physical Evaluation Board (PEB) hearing in that his back injury and PTSD were not coded on the DA Form 199. The applicant’s back condition does not...
ARMY | BCMR | CY2006 | 20060003423C070205
Item 2 (Instructions to Personnel Being Separated) of this document shows, in pertinent part, that the applicant was informed "[y]ou are further advised that, if you do not apply for compensation from the Veterans Administration by completing VA Form 21-526e at the time of separation, you may do so at any time thereafter, that, if you do intend to file, it is advisable to do so before you leave the service as at that time your medical records are more easily obtainable and action by the...
ARMY | BCMR | CY2006 | 20060003430
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of her military records to allow her to receive educational benefits associated with the Montgomery GI Bill (MGIB) and the Army College Fund (ACF). There is insufficient evidence to show he was not advised that the $33,000 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.
ARMY | BCMR | CY2006 | 20060003431C070205
The applicant requests that his records be corrected by removing financial liability imposed against him for the loss of government property in the amount of $570.00 and that he be reimbursed all funds already paid. In February 2005, during the course of a 100% inventory conducted by the commander, it was determined that a trimmer mower could not be accounted for and the commander directed that a report of survey be conducted. It also documents a charge of financial liability assessed...
ARMY | BCMR | CY2006 | 20060003433C070205
Counsel states that more current statements of support, not previously provided, were submitted and are evidence that the GOMOR has served its intended purpose. In conclusion, counsel stated that the applicant contends he has shown, through the evidence presented, that the GOMOR should be removed from his OMPF as a matter of equity. Evidence shows the applicant appealed to the DASEB to remove the GOMOR based on the contention that the DUI charge was withdrawn.
ARMY | BCMR | CY2006 | 20060003436C070205
The applicant requests, in effect, that her discharge be revoked and that she be transferred to the Retired Reserve. At the time of her request for discharge, the applicant was afforded the option to request transfer to the Retired Reserve based on her 20-Years Letter and completion of more than 20 years of service with no derogatory information. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. revoking the...
ARMY | BCMR | CY2006 | 20060003445C070205
He also states that he is not eligible for retired pay and that as a result of his retirement he lost his Idaho Guard civilian position. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, or rank. Medical evidence of record provided by the applicant states he initially injured this wrist in 2000 and subsequently experienced...
ARMY | BCMR | CY2006 | 20060003447C070205
Rowland Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Although the applicant contends that he was never supposed to be sent to Vietnam with a “P-3” and “U-3” medical profile, evidence of record shows he served in Vietnam (from 21 July 1966 through 17 July 1967) prior to receiving a physical profile of “3” under physical capacity or stamina and a physical profile of “3” under upper extremities on 26 September 1967....
ARMY | BCMR | CY2006 | 20060003449C070205
The evidence of record also shows that the applicant attended BCT from 15 July 1983 through 15 September 1983 and that he completed BCT. Therefore, he is not entitled to correction of this document to show that he completed BCT. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was provided a copy of the DD Form 220 that is filed in his Official Military Personnel File showing that he completed Basic...
ARMY | BCMR | CY2006 | 20060003453C070205
Army Regulation 615-368, also stated, in pertinent part, that a board of officers would recommend that the individual be either discharged because of unfitness, unsuitability, or retained in the service. It is also noted that the applicant now states he began drinking at the age of 12 and that alcohol was a large part of his life; however, his record of service shows that he served honorably and without any alcohol related incidents during the period 14 April 1948 to 13 April 1951. The...
ARMY | BCMR | CY2006 | 20060003460C070205
The applicant requests two awards of the Purple Heart, two awards of the Bronze Star Medal (BSM), and military instructor school be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Additionally, the Purple Heart Certificate is sufficient evidence to correct his records to show this award; as a result, the applicant is entitled to two Purple Hearts, one for this wound, and one (which has already been added) for the wound he incurred on 18 May...
ARMY | BCMR | CY2006 | 20060003468C070205
Stone | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. He was presented the Purple Heart in the Army Hospital in Oxford, England but it did not get entered on his discharge document, WD AGO Form 53-54 (Enlisted Record and Report of Separation – Honorable Discharge). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds...
ARMY | BCMR | CY2006 | 20060003470C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his HOR (home of record) on his 1969 separation document be corrected to reflect an address in Twin Lakes, Wisconsin, vice the address in Richmond, Illinois. The Joint Federal Travel Regulation (JFTR) provides, in pertinent part, that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.
ARMY | BCMR | CY2006 | 20060003479C070205
The applicant states that he never received the CIB for his service with the 173rd Airborne Brigade from March 1970 to February 1971. The evidence of record shows the applicant served as a cook in duty MOS 94B with the 3rd Battalion, 503rd Infantry, 173rd Airborne Brigade in Vietnam from 16 March 1970 to 28 February 1971. There is no evidence of record which shows he held an infantry MOS while assigned to the 173rd Airborne Brigade during combat in Vietnam.
ARMY | BCMR | CY2006 | 20060003491C070205
This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Orders show the applicant arrived in Vietnam on 21 July 1971 and departed Vietnam on or about 20 March 1972, a total of 8 months. Also, item 30 should be corrected to show his dates of service in Vietnam.
ARMY | BCMR | CY2006 | 20060003492C070205
The applicant requests correction of his records to show he was placed on the retired list in the rank of sergeant first class (SFC), pay grade E- 7. There is no error or injustice in this case regarding the applicant’s retired grade and there is no basis to show he was placed on the retired list in the rank of SFC, E-7 or to pay him SFC, E-7 retired pay. Linda Simmons_________ CHAIRPERSON INDEX |CASE ID |AR20060003492 | |SUFFIX | | |RECON |YYYYMMDD | |DATE BOARDED |20060928 | |TYPE OF...
ARMY | BCMR | CY2006 | 20060003498C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charge against him, or of a lesser included offense, that also authorized the imposition of a under other than honorable discharge. On 24 March 1983, the appropriate authority approved the applicant’s request for discharge and directed that he receive a under other than honorable discharge.
ARMY | BCMR | CY2006 | 20060003499C070205
However, the applicant’s DD Form 214 shows that he was discharged under other than honorable conditions on 14 April 1978 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of court-martial. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2006 | 20060003500C070205
Dennis Phillips | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The opinion stated that the terms of the scholarship contract required that a cadet repay the debt monetarily or agree to be ordered to active duty through ROTC channels based on the needs of the Army. The opinion stated that the applicant’s decision to breach the terms of his ROTC contract and his enlistment in the National Guard were voluntary actions.
ARMY | BCMR | CY2006 | 20060003502C070205
He was advanced to the pay grade of E-4 on 17 November 1965 and served in Vietnam until 10 May 1966, when he was transferred to Fort Gordon, Georgia. 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...
ARMY | BCMR | CY2006 | 20060003504C071029
Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. His DA Form 3286-59 shows he was enlisting for the U. S. Army Training Enlistment Program, the U. S. Army Incentive Enlistment Program (Cash Bonus $5,000), and the ACF for $33,000. His DA Form 3286-66 (Statement of Understanding United States Army Incentive Enlistment Program) states he was enlisting for the U. S. Army Training Enlistment Program, the Seasonal...
ARMY | BCMR | CY2006 | 20060003511C070205
After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the GCMDL for his service from 15 October 1965 through 14 October 1968. This conclusion is based on the fact that the record is void of derogatory information, which would preclude the applicant from being awarded the GCMDL, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award. As a result, the Board...
ARMY | BCMR | CY2006 | 20060003513C070205
Headquarters, U.S. Army Personnel Center, Special Orders Number 77, dated 18 March 1971, released the applicant from active duty with an effective date of 18 March 1971. The applicant's DD Form 214 shows he was inducted into the Army on 13 August 1969 and was separated from active duty on 18 March 1971. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
ARMY | BCMR | CY2006 | 20060003523C070205
David Haasenritter | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected by showing he enlisted in the pay grade of E-3. The applicant enlisted in pay grade of E-2 after presenting college transcripts showing he had completed 45 semester credit hours.
ARMY | BCMR | CY2006 | 20060003525C070205
The applicant provides his DD Form 214, Certificate of Release or Discharge From Active Duty, with an effective date of 22 July 1985; a letter from the U.S. Army Physical Disability Agency CRSC Branch informing him that he did not meet the statutory criteria for CRSC because he did not have 20 years of active duty; his DD Form 214 with an effective date of 12 July 1968; Special Orders 141 dated 10 July 1968; two pages of an enlistment document; and an excerpt from CRSC program guidance. ...
ARMY | BCMR | CY2006 | 20060003538C070205
There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. There is no reason to doubt the statements provided by the applicant’s former platoon leader, rifleman, and medic; however, without medical evidence verifying the applicant's wounding, there is an insufficient basis for award of the Purple Heart in this case. As a result, the Board determined that the overall merits of this case are...
ARMY | BCMR | CY2006 | 20060003539C071108
Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 29 March 2005, the Director, of Military Personnel Management, Office of the Deputy Chief of Staff advised the Commander, USACC, that the applicant’s appeal for the recoupment of educational expenses had been carefully considered and the debt was found to be valid and that the applicant should be be ordered to repay the educational expenses in the amount of...
ARMY | BCMR | CY2006 | 20060003553C070205
The applicant requests, in effect, correction of item 12b (Separation Date This Period), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 17 February 2006, to show the entry "2006 02 27" (27 February 2006), or the entry "2006 02 28" (28 February 2006), instead of the entry "2006 02 17" (17 February 2006). The DD Form 214 with an effective date of release from AD of 17 February 2006 is correct, despite the applicant's refusal to sign it. The applicant has...
ARMY | BCMR | CY2006 | 20060003554C070205
The applicant requests that his records be corrected to show that he was awarded the Combat Infantryman Badge in July or August 1944. The applicant’s military records are not available to the Board for review. The applicant was awarded the Combat Infantryman Badge at some undeterminable time between 29 June 1944 and 24 November 1944; however, the badge was officially revoked.
ARMY | BCMR | CY2006 | 20060003556C070205
After consulting with counsel, the applicant submitted a request for discharge for the good of the service in lieu of trial by court-martial. 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...
ARMY | BCMR | CY2006 | 20060003564C070205
On 15 March 1985, the appropriate separation authority waived rehabilitative transfer and directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 14-12b for pattern of misconduct with issuance of a General Discharge Certificate. The applicant was discharged from active duty on 25 March 1985 under the provisions of Army Regulation 635-200, paragraph 14-12b for misconduct - pattern of misconduct. Kenneth Wright________ CHAIRPERSON INDEX |CASE ID...
ARMY | BCMR | CY2006 | 20060003565C070205
The records show the applicant entered active duty in the United States Army on 8 July 1965. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. __Patrick H. McGann, Jr. ___ CHAIRPERSON INDEX |CASE ID |AR20060003565 | |SUFFIX | | |RECON | | |DATE BOARDED |20061011 | |TYPE OF DISCHARGE | | |DATE OF DISCHARGE | | |DISCHARGE AUTHORITY | .
ARMY | BCMR | CY2006 | 20060003570C070205
Sherry Stone | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In pertinent part, it states that centralized promotion boards (for promotion consideration to grades E-7, E-8, and E-9) will select the best qualified Soldier in each MOS for promotion. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.