ARMY | BCMR | CY2006 | 20060006952C070205
Edward E. Montgomery | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. He was reappointed in the USAR effective 31 December 2004 as a captain. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was appointed in the United States Army Reserve, Medical Services Corps, as a captain, effective 31 December 2004, with an adjusted date of rank...
ARMY | BCMR | CY2006 | 20060006958C070205
The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD). On 14 June 1988, the separation authority approved the applicant’s request for discharge and directed that he receive an UOTHC discharge. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2006 | 20060006959C070205
Michael Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Combat Action Ribbon and all awards and decorations to which he may be entitled. 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...
ARMY | BCMR | CY2006 | 20060006961C070205
On 27 April 2004, nonjudicial punishment (NJP) was imposed against him for four specifications of failure to go to his place of duty (formation) and one specification of shooting another Soldier with a CO2 powered pistol. Pertinent Army Regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or reason for discharge. Inasmuch as the applicant has failed to show through the evidence submitted or the...
ARMY | BCMR | CY2006 | 20060006968C070205
The applicant provides a copy of a DD Form 214 (Report of Separation from Active Duty), with an effective date of 10 April 1975; two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), with effective dates of 14 January 1972 and 22 October 1965; and a copy of Army Regulation 15-185 (Boards, Commissions, and Committees - Army Board for Correction of Military Records), dated 29 March 2000. This document shows that the applicant's Official Military Personnel File...
ARMY | BCMR | CY2006 | 20060006978C070205
Edward Montgomery | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show “overseas combat bars” (correctly known as Overseas Service Bars). The applicant provided evidence to show he is authorized at least one overseas bar based on his receipt of hostile fire pay while in Korea, however, since overseas service bars...
ARMY | BCMR | CY2006 | 20060006982C070205
The applicant’s Enlisted Record Brief shows he was on a recommended promotion list to SFC as of 1 November 2004. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was on a recommended promotion list to SFC, E-7 when he was separated for disability on 19 August 2005. Richard Dunbar________ CHAIRPERSON INDEX |CASE ID |AR20060006982 | |SUFFIX | | |RECON |YYYYMMDD | |DATE BOARDED |20061207 | |TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) | |DATE OF DISCHARGE...
ARMY | BCMR | CY2006 | 20060006983C070205
There are no orders in the applicant’s service personnel record which show that he was awarded the Purple Heart. Evidence shows the applicant’s records contain administrative errors which do not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Vietnam Service Medal with 4 bronze service stars, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam...
ARMY | BCMR | CY2006 | 20060006994C070205
There is no evidence of record which shows the applicant was promoted to specialist five/pay grade E-5 prior to his discharge on 17 February 1972. Although the applicant provided documentation which stated that he was qualified and recommended for promotion to E-5, there are no promotion orders or other evidence of record which shows he was promoted to specialist five/pay grade E-5 prior to his separation on 17 February 1972. The applicant’s service in Vietnam and participation in two...
ARMY | BCMR | CY2006 | 20060007032C070205
Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. After the formal hearing, the board carefully considered all of the available evidence in his case and found that the applicant was physically unfit because of service connected disability, and recommended that he be placed on the TDRL and rated 40 percent disabled. The applicant states that the injury or disease...
ARMY | BCMR | CY2006 | 20060007036C070205
From her previous cases on file, her records should show she has 23 years, 3 months, and 16 days of military service. Army Regulation 135-180 (Army National Guard and Army Reserve- Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay, but must have (a) attained age 60; (b) completed a minimum of 20 years of qualifying service;...
ARMY | BCMR | CY2006 | 20060007037C070205
This document also shows, in pertinent part, that the separation authority was Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 4, and the reason for his separation was completion of required active service. It identifies the SPD Code of LBK as the appropriate code to assign RA enlisted Soldiers who are separated under the provisions of Army Regulation 635-200, Chapter 4, based upon completion of required active service. Those individuals can best advise a...
ARMY | BCMR | CY2006 | 20060007039C070205
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election. However, when the applicant retired on 1 February 2004, he elected to participate in the SBP for spouse coverage, contrary to the court’s order. His current spouse has provided her concurrence with his request to change his SBP election to...
ARMY | BCMR | CY2006 | 20060007057
The applicant essentially states that he was injured as a result of hostile action while serving in Iraq, but that he was not awarded the Purple Heart. There is also no evidence in the applicants military records which shows that he was awarded the Purple Heart. Regrettably, absent evidence that the applicant was wounded or injured in action, and that he received medical treatment for wounds or injuries received in action which was made a matter of official record, there is insufficient...
ARMY | BCMR | CY2006 | 20060007063C070205
The applicant requests that his records be corrected to reflect his award of the Combat Infantryman Badge (CIB). The applicant states that his award of the CIB that he was awarded for his service in the Dominican Republic Crisis from April 1965 to August 1965 was not included on his report of separation (DD Form 214). Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2006 | 20060007065
x The Board considered the following evidence: Exhibit A - Application for correction of military records. However, AR635-5, which superseded the regulation in effect at the time of the applicants separation, provide that an entry would be entered in the remarks section of the DD Form 214 to indicate inclusive dates of service in Vietnam. Although there was no provision for making such entries on the DD Form 214 to reflect foreign service in a hostile fire area at the time of the...
ARMY | BCMR | CY2006 | 20060007072
The applicant's military service records show that he enlisted in the U.S. Army Reserve Delayed Entry Program on 19 September 2001 and entered active duty in the Regular Army (RA) on 27 June 2002, for a period of 4 years. Item 1 (Acknowledgement) of this document shows that he enlisted for the U. S. Army Training Enlistment Program, U.S. Army Incentive Program, Cash Bonus (3,000.00), the ACF ($50,000.00), and that the date of his enlistment in the RA was scheduled for 27 June 2002. There...
ARMY | BCMR | CY2006 | 20060007074C070205
The applicant requests a second award of the Presidential Unit Citation that was awarded to the Military Assistance Command, Vietnam, Studies and Observation Group (MACV/SOG) on 22 August 2000. Although the citation for the Presidential Unit Citation awarded to MACV/SOG mentions “helicopter units of the U.S. Army” and the unit history provided by the applicant states the 52nd Aviation Battalion supported Project Omega, there is no evidence of record which shows the applicant’s unit was...
ARMY | BCMR | CY2006 | 20060007075
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 January 2007 DOCKET NUMBER: AR20060007075 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. Fields Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his under other than honorable conditions discharge be...
ARMY | BCMR | CY2006 | 20060007076C070205
The applicant's military records show he enlisted in the US Army, in pay grade E-1, effective 23 May 1978, for 3 years. The applicant's records do not contain his separation document and do not show he requested transfer to the Retired Reserve. It would now be equitable and just to correct his military records by revoking his transfer to the USAR Control Group on 20 May 2002, and assigning him to the Retired Reserve effective the same date, with entitlement to retired pay upon his...
ARMY | BCMR | CY2006 | 20060007077C070205
He continued that the recruiter stated that with a bachelor's degree he would enter the Army in the grade of specialist/pay grade E-4. The applicant requested correction of his records to show that he enlisted into the Army in the grade of specialist/pay grade E-4. Evidence shows the applicant was enlisted into the Army in the pay grade E-3.
ARMY | BCMR | CY2006 | 20060007079C080410
Gerard W. Schwartz | |Acting Director | | | | |Analyst | The following members, a quorum, were present: | | | |Chairperson | | | | |Member | | | | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant was not considered MOS qualified and eligible for promotion until completion of the required security clearance. Not withstanding the advisory opinion, the applicant was not MOS qualified, nor is there evidence that...
ARMY | BCMR | CY2006 | 20060007083C070205
Scott W. Faught | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. However, an award of a DVA rating does not establish error or injustice in the Army not separating the individual for physical unfitness. The DVA rated the applicant 70 percent disabled for PTSD, a condition not diagnosed or rated by the Army.
ARMY | BCMR | CY2006 | 20060007102C070205
Donald Levy | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. He completed his training, was transferred to Germany and continued to serve until he was honorably released from active duty (REFRAD) in the pay grade of E-4 on 16 August 1978. There is no indication in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of her discharge within that board’s 15-year...
ARMY | BCMR | CY2006 | 20060007103C070205
Scott W. Faught | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. NGB Regulation 600-200 (Enlisted Personnel Management), states, in pertinent part, that you list in transfer and retirement orders the grade which the Soldier is authorized on the day before transfer or retirement. As a result, the Board recommends that the State Army National Guard records and all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2006 | 20060007116
The applicant essentially states that these awards were never given to him even though he was wounded in combat and served as a combat medic while in Vietnam. However, there is no evidence in the applicants military personnel records which conclusively shows that he was personally present and under fire while this infantry unit was in contact with the enemy and engaged in ground combat. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2006 | 20060007118C070205
This document shows that, at the time of the applicant's assignment to the 1st Battalion, 506th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army General Orders Number 48, dated 1971. The applicant was awarded MOS 11B and satisfactorily served as a rifleman in an infantry unit during active ground combat in Vietnam earning a Purple Heart. As a result, the Board recommends that all...
ARMY | BCMR | CY2006 | 20060007126C070205
Records show the applicant should have discovered the alleged error now under consideration on 9 August 1962; therefore, the time for the applicant to file a request for correction of any error expired on 8 August 1965. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he was awarded the Korean...
ARMY | BCMR | CY2006 | 20060007127C070205
The applicant further states that the release of the MRB results allowed him to once again start the progress required for his promotion packet. The NGB Personnel Division official recommended that the applicant's date of rank for CW2 be adjusted from 18 November 2002 to 9 January 2002, due to the fact that was the date he was found medically fit for duty by the State Surgeon. As a result, the Board recommends that the state Army National Guard records and the Department of the Army...
ARMY | BCMR | CY2006 | 20060007130C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 October 2006 DOCKET NUMBER: AR20060007130 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. The available records contain a letter, dated 7 September 2006, from the Chief, Military Awards Branch, U.S. Army Human Resources Command...
ARMY | BCMR | CY2006 | 20060007135
In the e-mail correspondence the applicant informed HRC St. Louis that his NCOER was sent to the promotion board on 13 February 2006 and the NCOER was sent to the records custodian for inclusion in his official military personnel file (OMPF) in the beginning of February. On 14 February 2006, the assistant promotion board recorder responded to the applicant. The HRC stated that the applicants request for a STAB was denied because his NCOER was received after the convening date of the...
ARMY | BCMR | CY2006 | 20060007160C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Accordingly, the applicant was discharged under other than honorable conditions on 25 March 1988 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of court-martial. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge or a general discharge.
ARMY | BCMR | CY2006 | 20060007161C070205
There is no evidence that the applicant received permanent Federal Recognition as a second lieutenant from the National Guard Bureau within the six month period required by National Guard/Army regulations. However, should the initial period of temporary Federal Recognition expire due to administrative processing delays, through no fault of the member, a subsequent Federal Recognition Board should be convened to consider the request again and grant another new period of temporary Federal...
ARMY | BCMR | CY2006 | 20060007185C070205
The applicant requests that he be granted amnesty and that his undesirable discharge be upgraded to a more favorable discharge. The chain of command indicated that the applicant had been rehabilitatively transferred from company to company in order to break up a group of troublemakers after he was almost court-martialed for disobeying an order to cross a river. There is also no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade...
ARMY | BCMR | CY2006 | 20060007186C071108
Dale E. DeBruler | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 13 October 2006, the Education Incentives Branch, USAHRC confirmed the ACF portion of the applicant's MGIB entitlement should have been reflected as $4,200.00 (or $116.67 in 36 equal installments). USAREC message 98-080, dated 12 November 1998, clarified that the amount reflected was to be the total combined amount of the MGIB and the ACF.
ARMY | BCMR | CY2006 | 20060007188C070205
He requests that his name be corrected on his DA Form 1341 (Jumps-Army Allotment Authorization), and he states that his discharge date from active duty and discharge date from prison are different. All pertinent documents contained in the applicant's military service records show his date of birth as 620618. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the date of birth as 620618 in item 5 (Date of Birth) of...
ARMY | BCMR | CY2006 | 20060007191
The applicant further requests reassignment to unit through a direct antedated enlistment; award of full credit for active duty service with all back pay and allowances, including weekends and holidays; dismissal of allegations made at the United States Army Sergeants Major Academy; removal of DA Form 268 (Report to Suspend Personnel Actions (Flag)), dated 26 August 2003, DA Forms 4187 (Personnel Action), dated 6 August 2003, 7 August 2003, 22 August 2003, and 28 August 2003; and approval of...
ARMY | BCMR | CY2006 | 20060007194C070205
The applicant requests, in effect, that he be awarded the Good Conduct Medal and that his records be corrected to reflect his marksmanship awards and all other authorized awards to which he is entitled. There is no evidence to show that he was awarded the GCMDL for his service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant was awarded two overseas service bars, the Sharpshooter Marksmanship...
ARMY | BCMR | CY2006 | 20060007195C070205
A DD Form 215, dated 23 March 1992, amended the applicant’s DD Form 214 for the period ending 1 March 1992, to show he entered active duty on 9 December 1991 and was released from active duty on 22 March 1992. However, except for the DD Forms 214, this Board does not have a record of what other active duty service the applicant may have. As a result, the Board recommends that the State Army National Guard records and all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2006 | 20060007197C070205
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Republic of Vietnam Campaign Medal with Device 1960, the Good Conduct Medal, the National Defense Service Medal, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The applicant did not serve a period of qualifying service for award of the Republic of Vietnam...
ARMY | BCMR | CY2006 | 20060007199C070205
The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and general orders awarding him the Bronze Star Medal. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. Therefore, the Board requests that the CMSD-St. Louis...
ARMY | BCMR | CY2006 | 20060007206
The applicant states, in effect, that he was selected for mandatory early retirement under the provisions of sections 638 and 638a, Title 10, United States Code, in 1992. Title 10, U.S. Code, section 1558(e) states the Secretary of a military department may correct a person's military records in accordance with a recommendation by a special selection board. His request is based on the U.S. Court of Federal Claims case decision, Christian v. United States, in which the court concluded as a...
ARMY | BCMR | CY2006 | 20060007213C070205
Army Regulation 600-8-24, paragraph 1-22, provides the honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for an officer (emphasis added). Evidence of record shows the applicant, a first lieutenant who is expected to act with the highest integrity at all times, was dismissed from the service for using cocaine. Therefore, clemency in the form of an honorable discharge is not...
ARMY | BCMR | CY2006 | 20060007219C071029
Department of Defense Instruction (DODI) 1241.2 (Reserve Component Incapacitation System Management), dated 3 May 2001, paragraph 6.3.2. states incapacitation pay in any particular case may not be made for more than 6 months without review of the case by the Secretary concerned to ensure that continuation of military pay and allowances is warranted under this Instruction, and to determine whether the member should be referred to the Disability Evaluation System. DODI 1241.2, paragraph...
ARMY | BCMR | CY2006 | 20060007221
There are no orders in his military records which awarded him the Combat Infantryman Badge, and there is no evidence in his military records that conclusively shows that he personally served in active ground combat while assigned to this unit. The applicant contends that his military records should be corrected to show that he was awarded the Combat Infantryman Badge. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by...
ARMY | BCMR | CY2006 | 20060007224C070205
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Medical Badge. Therefore, there is insufficient evidence to show he was eligible for award of the Combat Medical Badge while he was assigned to that unit. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry...
ARMY | BCMR | CY2006 | 20060007228C070205
The applicant's records contain a copy of Headquarters, 25th Infantry Division (Vietnam), General Orders Number 7520, dated 7 July 1970, that show, in pertinent part, the applicant was awarded the Army Commendation Medal with "V" device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 21 June 1970. The evidence of record shows that the applicant was awarded the Bronze Star Medal for meritorious service in connection with military...
ARMY | BCMR | CY2006 | 20060007234C070205
The applicant requests, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his dates of service in Vietnam during the period 7 July 1963 to 27 December 1963. The applicant provides temporary duty (TDY) orders, dated 24 June 1963; orders for the Purple Heart, dated 8 October 1963; orders for the Combat Infantryman Badge, dated 11 November 1963; and a DD Form 214 for the period ending 23 June 1964. However, evidence of record shows the applicant served in...
ARMY | BCMR | CY2006 | 20060007275
Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. On an unknown date, the applicant married a USAR officer serving on active duty at Fort Lewis. The applicant and his officer spouse were both entitled to FSA-II payments; however, only one FSA-II payment was authorized for any given month.
ARMY | BCMR | CY2006 | 20060007287C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 November 2006 DOCKET NUMBER: AR20060007287 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. Records show the applicant should have discovered the alleged error now under consideration on 22 July 1951; therefore, the time for the applicant to file a request for correction of any error expired on 21 July...