ARMY | BCMR | CY2006 | 20060000681C070205
Richard O. Murphy | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his latest DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show all prior periods of active duty. The applicant's DD Form 214 of 9 January 2006 should be corrected in Item 12d to show his prior active military service of 1 year, 3 months, and 18 days.
ARMY | BCMR | CY2006 | 20060000687C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 September 2006 DOCKET NUMBER: AR20060000687 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 is requesting correction of an alleged error or injustice that occurred on 12 December 1995, the date of his discharge from the United States Army Reserve (USAR). It further shows that he was...
ARMY | BCMR | CY2006 | 20060000693C070205
Although the evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam, there is no evidence of record which shows he served in active ground combat. In the absence of orders or other evidence which shows he served in active ground combat in Vietnam, the letter provided by the applicant’s company commander at the time in question (without evidence to verify that this individual was in fact the applicant’s...
ARMY | BCMR | CY2006 | 20060000694C070205
The available records do not contain a DD Form 214 covering the period 22 March 1968 through 21 November 1969. Evidence of record shows the applicant was awarded MOS 94B and that he served in this MOS during the period 26 July 1968 through 21 November 1973. Records show the applicant should have discovered the alleged error now under consideration on 21 November 1973; therefore, the time for the applicant to file a request for correction of any error expired on 20 November 1976.
ARMY | BCMR | CY2006 | 20060000733C070205
The nature of the applicant’s NJPs offenses, his negative counseling statements, and his ADAPCP failure clearly shows that he did not distinguish himself during this period of active duty and as such award of the Good Conduct Medal is not warranted. Evidence shows that the applicant’s records contain an administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to...
ARMY | BCMR | CY2006 | 20060000736C070205
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. In a 22 January 2002 memorandum, the Mississippi National Guard MDRB determined that, due to the applicant’s medical condition (not indicated), he was a non-deployable mobilization asset and recommended separation. However, competent medical authorities had determined that his medical condition at the time of his...
ARMY | BCMR | CY2006 | 20060000738C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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 the reason for discharge. The applicant's contention that his discharge and RE code should be upgraded, and that his SPN code should be changed based on his overall record of service, and his excellent post service conduct, and the supporting evidence he submitted were carefully...
ARMY | BCMR | CY2006 | 20060000740C070205
On 8 November 1979, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200 (Enlisted Personnel Separations), chapter 10, in lieu of trial by court-martial. The applicant’s record is void of the separation authorities approved request of the applicant's discharge and issuance of an under other than honorable conditions discharge from the Army. The evidence of record shows the applicant had...
ARMY | BCMR | CY2006 | 20060000752C070205
The applicant requests his undesirable discharge be upgraded to a general 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 commence on the date of...
ARMY | BCMR | CY2006 | 20060000762C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 August 2006 DOCKET NUMBER: AR20060000762 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. In pertinent part, it provided that one overseas service bar is authorized for each 6-month period of active Federal service as a member of the U.S. Service outside of the continental United States from 7 December 1941...
ARMY | BCMR | CY2006 | 20060000770C070205
David K. Haasenritter | |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 his race as Native American. The fact that he now wishes to honor only the Native American heritage is insufficient reason to warrant a correction of the records.
ARMY | BCMR | CY2006 | 20060000773C070205
A Medical Evaluation Board (MEB) narrative summary shows the applicant was evaluated for a chief complaint of left leg pain and low back pain. That Agency stated that the applicant was properly rated at 20 percent and, even if his condition was known to degenerate, he was not authorized to be retired or placed on the TDRL. (A 30 percent disability rating is not an option with either VASRD code).
ARMY | BCMR | CY2006 | 20060000774C070205
The application submitted in this case was received on 19 January 2006. The applicant did not have a contract for payment of a VRB and he has failed to show through the evidence submitted with his application or the evidence of record that he was entitled to receive a VRB. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2006 | 20060000779C070205
Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. The evidence of record confirms the applicant was REFRAD and placed on the TDRL on 9 March 1989, and that his DD Form 214 accurately lists this date as the effective date of his separation from active duty. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2006 | 20060000782C070205
The applicant requests that item 6 (Organization) on his WD AGO Form 53- 55 (Enlisted Record and Report of Separation) be corrected to show the 291st Engineer Combat Battalion and not the 255th Ordnance Medium Maintenance Company. The preponderance of evidence in this case shows the applicant was assigned to the 291st Engineer Combat Battalion during World War II. Records show the applicant should have discovered the alleged error now under consideration on 4 December 1945; therefore, the...
ARMY | BCMR | CY2006 | 20060000794C070205
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge (CIB). Although records show the applicant was an Infantryman and participated in the Persian Gulf War, there is insufficient evidence in the available records and the applicant did not provide sufficient evidence, to show he was personally present and under fire while performing duties during Operation Desert Storm. Therefore, there...
ARMY | BCMR | CY2006 | 20060000796C070205
With his discharge from the Army Reserve he no longer qualified for continuation in the INARNG and was discharged. Service under entry-level separation provisions is uncharacterized and requires an RE-3 code. Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 December 2002; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 December 2005.
ARMY | BCMR | CY2006 | 20060000799C070205
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his military occupational specialty (MOS) as 76P (Stock Control and Accounting Specialist) not 63C (Wheel Vehicle Mechanic). Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect, indicates the required entry in item 23a is the primary MOS the Soldier was awarded and was serving in at the time of separation. The preponderance of evidence...
ARMY | BCMR | CY2006 | 20060000802C070205
Qawiy A. Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The first page of the DD Form 2656-5 informed the applicant that a decision to participate was permanent and could not be changed unless authorized by law, such as the opportunity to terminate his participation during the period between his 62d birthday and the day before he reaches age 63, at which time he could elect to discontinue participation. The...
ARMY | BCMR | CY2006 | 20060000804C070205
There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. There is no evidence in the available records which shows the applicant was wounded or injured as a result of hostile action in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the period 29...
ARMY | BCMR | CY2006 | 20060000805C070205
The applicant also essentially stated that at the time of his discharge from the Army National Guard and transfer to the Retired Reserve, he had accrued approximately 100 days of leave. The applicant’s leave and earning statement for the period 1 to 30 September 2003 shows, in pertinent part, that he had a leave balance of 99 days. Records provided by DFAS indicate that the applicant was not paid for 39 days of leave.
ARMY | BCMR | CY2006 | 20060000807C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his records be corrected by restoring his rank to Command Sergeant Major (CSM). The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2006 | 20060000810C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 August 2006 DOCKET NUMBER: AR20060000810 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 application submitted in this case is dated 4 October 2005 and received by the Board on 19 January 2006. Paul M. Smith_______ CHAIRPERSON INDEX |CASE ID |AR20060000810 | |SUFFIX | | |RECON | | |DATE BOARDED...
ARMY | BCMR | CY2006 | 20060000812C070205
The applicant's military service records show that he enlisted in the U.S. Army on 30 December 1971. The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record). The applicant's DD Form 214, with an effective date of 20 February 1974, shows that he was discharged under the provisions of chapter 10 of Army Regulation 635-200 for the good of the service in lieu of trial by court-martial and that his character of service was under other than honorable conditions.
ARMY | BCMR | CY2006 | 20060000814C070205
The applicant requests that his records be corrected by upgrading his discharge. On 21 May 1996, the appropriate separation authority approved the applicants discharge request and directed the issuance of an under other than honorable conditions 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),...
ARMY | BCMR | CY2006 | 20060000822C070205
He now requests to be awarded the PH for these wounds. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 4 bronze service stars with his Vietnam Service Medal; and by providing him a correction to his separation...
ARMY | BCMR | CY2006 | 20060000825C070205
In the absence of a proper award authority for this decoration, the applicant may request a third award of the Bronze Star Medal under the provisions of Section 1130 of Title 10, United States Code. Headquarters, 25th Infantry Division General Orders Number 10444, dated 23 October 1970, show the applicant received the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Headquarters, 1st...
ARMY | BCMR | CY2006 | 20060000834C070205
The applicant requests, in effect, that her DD Form 214 (Certificate of Separation or Discharge) be corrected to show her foreign service time, and award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and Army Achievement Medal (AAM). Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the ARCOM, AAM (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and...
ARMY | BCMR | CY2006 | 20060000844C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 August 2006 DOCKET NUMBER: AR20060000844 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, in effect, award of the Combat Medical Badge (CMB). The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice related to award of...
ARMY | BCMR | CY2006 | 20060000845C070205
The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 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 Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960" device, Combat Infantryman Badge, Army Commendation Medal, Air Medal, Expert Marksmanship Qualification Badge with...
ARMY | BCMR | CY2006 | 20060000849C070205
Headquarters, 4th Infantry Division General Orders Number 7941, dated 14 December 1969, show the applicant received the Army Commendation Medal for meritorious service in connection with military operations against an armed hostile force in Vietnam during the period May 1969 to January 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the period 7 February...
ARMY | BCMR | CY2006 | 20060000867C070205
The applicant requests that his Department of Veterans Affairs (VA) rated disabilities for his knees be approved for Combat-Related Special Compensation (CRSC). The OUSD has maintained in these opinions that in order for a condition to be considered combat related, there must be evidence of the condition having a direct, causal relationship to war or the simulation of war. Without evidence to establish a direct, causal relationship to the applicant’s VA rated disabilities to war or the...
ARMY | BCMR | CY2006 | 20060000877C070205
Peguine M. Taylor | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Such a statement is not conclusive evidence of a combat related condition. 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 | CY2006 | 20060000878C070205
However, by regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action. In this case, while it is clear the applicant was medically evacuated from the RVN, there is no evidence of record that indicates this was the result of his being wounded in action. Further, the CIB is not listed with the authorized awards listed on his DA Form 20 and DD Form 214, and there are no orders on file...
ARMY | BCMR | CY2006 | 20060000881C070205
Rowland C. Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his Department of Veterans Affairs (VA) rated disabilities for hearing loss and tinnitus be approved for Combat- Related Special Compensation (CRSC). Since the applicant does not have any documentation to show that his hearing loss and tinnitus was the result of his exposure to artillery fire, there is insufficient evidence in...
ARMY | BCMR | CY2006 | 20060000882C070205
She remained on active duty until she was honorably discharged on 10 April 1999, under the provisions of Army Regulation 635- 40, due to disability with severance pay. There is no evidence in the available records to indicate that the applicant ever applied to the United States Army Criminal Investigation Command at Fort Belvoir, Virginia to request amendment of the Military Police Reports. The Board determined that the evidence presented does not demonstrate the existence of a probable...
ARMY | BCMR | CY2006 | 20060000884C070205
Peguine M. Taylor | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The military retiree must show that the disability was incurred while engaged in combat, while performing duties simulating combat conditions, or while performing specially hazardous duties such as parachuting or scuba diving. Without evidence to establish a direct, causal relationship to the applicant’s VA rated disabilities to war or the simulation of...
ARMY | BCMR | CY2006 | 20060000892C070205
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his enlistment contract be voided with reinstatement in the United States Army Reserve (USAR) Control Group and promoted to lieutenant colonel, based on the results of a special selection board (SSB). As a result, the Board recommends that all the State of Oklahoma and Department of the Army records of the...
ARMY | BCMR | CY2006 | 20060000893C070205
However, the evidence of record shows that the applicant elected to participate in the RCSBP in June 1992. His first opportunity to elect to terminate his participation in the SBP would have occurred on 1 July 2004, the second anniversary of the first month he received retired pay. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he requested, with his spouse’s concurrence, termination of his participation in...
ARMY | BCMR | CY2006 | 20060000899C070205
There is no evidence in the available records which shows that the FSM was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. The FSM participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal...
ARMY | BCMR | CY2006 | 20060000900C070205
The applicant states, in effect, that he was unjustly discharged in 1999 due to being selected for a bar to reenlistment under the Qualitative Management Program (QMP). Army Regulation 635-40, in pertinent part, provides that when a member is being separated by reasons other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave...
ARMY | BCMR | CY2006 | 20060000901C070205
The applicant provided a memorandum for record, dated 6 October 2005; an excerpt from Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers); a coversheet from the United States Army Reserve (USAR), dated 28 August 2001; a USAR Personnel Command promotion notification letter, dated 18 April 2003; six pages from the Total Army Personnel Database (TAPDB) Transaction History; a copy of an undated data screen synopsis; a Projected Promotion...
ARMY | BCMR | CY2006 | 20060000902C070205
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she was separated by reason of medical retirement (asthma with a 60 percent disability rating); to change her uncharacterized description of service to honorable; and to add her awards for marksmanship badges for the M16 rifle, the hand grenade, and the bayonet. On 7 July 2005, the VA awarded the applicant a 30 percent disability rating for her asthma. Medical...
ARMY | BCMR | CY2006 | 20060000903C070205
The application submitted in this case is dated 10 November 2005. Although, just being in a combat zone is not sufficient in itself to qualify for award of the Purple Heart, the first mention of the applicant having an injury to his femur was during his NCOER ending in December 1992. In any event, he has failed to show through the evidence of record and the evidence submitted with his application that his wound was the result of enemy action.
ARMY | BCMR | CY2006 | 20060000907C070205
Peguine M. Taylor | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his discharge under other than honorable conditions be upgraded to a more favorable discharge. __ Allen L. Raub __________ CHAIRPERSON INDEX |CASE ID |AR | |SUFFIX | | |RECON |YYYYMMDD | |DATE BOARDED |20060725 | |TYPE OF DISCHARGE | | |DATE OF DISCHARGE | | |DISCHARGE AUTHORITY |AR .
ARMY | BCMR | CY2006 | 20060000911C070205
The applicant requests, in effect, that a 1986 record of proceedings under Article 15 of the Uniform Code of Military Justice be removed from her military personnel file. The regulation states that once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. The commander signed the Article 15 indicating that he had considered all matters presented prior to...
ARMY | BCMR | CY2006 | 20060000914C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 August 2006 DOCKET NUMBER: AR20060000914 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 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: a. deleting from his...
ARMY | BCMR | CY2006 | 20060000915C070205
Karmin Jenkins | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that prior to being placed on the Temporary Disability Retired List (TDRL) he was selected for promotion to captain. The applicant was selected for promotion to the grade of captain, and would have been promoted to that grade had he remained on the active duty list.
ARMY | BCMR | CY2006 | 20060000921C070205
In an advisory opinion, dated 27 April 2006, the Chief, Specials Actions Branch, Office of Promotions, Reserve Components, HRC, St. Louis, Missouri, stated that the applicant was selected for promotion to major by the 2000 RCSB with a PED of 28 February 2001, based on 7 years TIG. Based on the corrected date of rank for captain and the regulation, 1 August 2000, is the applicant's correct date of rank. Notwithstanding the advisory opinion rendered in this case, the applicant is entitled to...
ARMY | BCMR | CY2006 | 20060000924C070205
Paragraph 2-1 of that regulation states, in pertinent part, that to be eligible for retired pay, an individual need not have a military status at the time of application, but must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 6 years of his qualifying service as a Reserve component Soldier. Evidence of record shows that the applicant was determined unfit for continued service prior to qualifying for retirement benefits at age 60. Further,...