ARMY | BCMR | CY2006 | 20060017800
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 June 2007 DOCKET NUMBER: AR20060017800 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. On 9 November 1989, the applicant was counseled for failure to report for duty. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year...
ARMY | BCMR | CY2006 | 20060017803C071113
Ernestine I Fields | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 31 December 1985, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, chapter 13, for unsatisfactory performance with a discharge under honorable conditions. Therefore, given the circumstances in this case and that there is no evidence in the available record nor has the applicant submitted any evidence to...
ARMY | BCMR | CY2006 | 20060017808
On 6 April 1978, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel). Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2006 | 20060017812
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 June 2007 DOCKET NUMBER: AR20060017812 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. Accordingly, the applicant was discharged on 20 July 1974 with a general discharge under the provisions of Army Regulation 635-200 under the Expeditious Discharge Program for unsuitability due to apathy. As a result,...
ARMY | BCMR | CY2006 | 20060017816
The applicant was promoted to first lieutenant effective 12 September 2006 with a DOR of 12 September 2006. The opinion points out that the applicants records contain an oath of office, dated 15 May 2004, and documentation, dated 15 May 2004, which appoints him in the Chaplain Corps. On 1 July 2004, the applicant was issued an appointment memorandum by HRC St. Louis, Missouri to second lieutenant, Special Staff Branch, USAR and the applicant signed an additional oath of office on 13...
ARMY | BCMR | CY2006 | 20060017817
Fields Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that her enlistment contract be honored as written, and receive full payment of the Army College Fund (ACF) in the amount of $40,000. The applicant enlisted in May 2002.
ARMY | BCMR | CY2006 | 20060017820
Powers Member Mr. Edward E. Montgomery Member The Board considered the following evidence: Exhibit A - Application for correction of military records. On 2 June 1997, the applicant's commander recommended him for discharge from the service under the provisions of Army Regulation 635-200, chapter 9, for alcohol or other drug abuse rehabilitation failure. The evidence shows that the applicant was discharged under the provisions of Army Regulation 635-200, chapter 9, for alcohol...
ARMY | BCMR | CY2006 | 20060017824
The applicant requests, in effect, that his DD Form 2656 (Data for Payment of Retired Personnel), dated 7 December 2006, be corrected to show he elected not to participate in the Survivor Benefit Plan (SBP) in a timely manner. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 2006; an 6-page e-mail, dated 3 January 2007; a DD Form 2656, dated 7 December 2006; and a 9-page San Bernardino County Superior Court,...
ARMY | BCMR | CY2006 | 20060017825
The applicant requests correction of his records to show that he retired as a CW5 (chief warrant officer five/pay grade W-5). The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), memorandum requesting to retire, memorandum requesting waiver of active duty service obligation, endorsement of his request for retirement, the fiscal year 2005 CW5 promotion selection list, and his retirement orders. In a memorandum addressed to United States...
ARMY | BCMR | CY2006 | 20060017840
She indicated that the MEB does not rate for future progression of the medical condition; however, a 10 percent rating was below an appropriate rating at the time of her discharge. However, according to the advisory opinion, on 14 May 2004 an informal PEB found the applicant physically unfit due to neck pain (10 percent); back pain (10 percent); chronic bilateral knee, bilateral hand, and chest pain (0 percent); and migraines (0 percent). Paragraph 4-17g(1) of Army Regulation 635-40...
ARMY | BCMR | CY2006 | 20060017843C071029
The applicant requests a service medal for his service in Lebanon, a Purple Heart for injuries received in Lebanon, and additional Air Medals for his service in Vietnam. The evidence of record shows the applicant flew 819 hours on combat missions as of August 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Air Medal with numerals 2 through 32 for the period September 1968 through August 1969;...
ARMY | BCMR | CY2006 | 20060017856
The applicant's military personnel record shows he enlisted in the Regular Army on 31 July 2001. On 22 September 2004, the applicant's commander recommended that the applicant be separated under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c, commission of a serious offense for wrongful use of cocaine, nubaine, and tramadol. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2006 | 20060069836C071029
The applicant requests, in effect, that his 22 June 1945 separation document (WD AGO Form 53-55) be corrected by adding an entry to Item 34 (Wounds Received In Action) to show he was wounded in action on 23 March 1943. By regulation, only wounds received as a result of enemy action will be entered in Item 34 of the WD AGO Form 53-55, and the PH is not authorized for accidental wounding that was not a result of enemy action. However, absent any evidence confirming the weapon in question was...
ARMY | BCMR | CY2006 | 20067002394C071029
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. Using the regulatory formula and subtracting the applicant's active duty entry date of 28 December 1990 from her separation date of 12 November 2004, results in a total of 13 years, 10 months and 15 days of active military service, as is accurately entered in Item 12c of the...
ARMY | BCMR | CY2006 | AR20060001277C070205
David Tucker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In the processing of this case, a staff advisory opinion was obtained in the form of a service computation made by officials of the Human Resources Command – Alexandria, which indicates that the applicant was not credited with 19 days of active duty performed while assigned to the National Guard and thus his BASD was adjusted to 19 July 1985. As a result, the...
ARMY | BCMR | CY2006 | AR20060001949C070205
On 22 April 2005, while in Heidelberg, Germany, he was granted a waiver and enlisted in the Regular Army for a period of 3 years in the pay grade of E-6. The applicant was originally promoted to the pay grade of E-6 on 1 December 1997 and served in that pay grade for 4 years, 11 months and 6 days before being discharged on 6 November 2002. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.
ARMY | BCMR | CY2006 | AR20060002702C070205
Jeanette McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests the removal of orders awarding him the parachutist badge from his Official Military Personnel File (OMPF). In the processing of this case a staff member of the Board contacted officials at the Army Airborne School at Fort Benning to ascertain if the applicant had graduated from the basic airborne course class number 02-00.
ARMY | BCMR | CY2006 | AR20060002891C070205
On 27 October 2003, the battalion commander initiated a recommendation to remove the applicant from the Drill Sergeant Program. On 8 March 2004, the investigating officer found that the company and battalion commanders did not process the requests for suspension and removal in accordance with the applicable policy memorandum; however, the applicant was aware of the procedures as they were occurring and actually benefited financially as a result of the delay. Fort Jackson Policy Memorandum...
ARMY | BCMR | CY2006 | AR20060003334C070205
Nonjudicial punishment is “wholly set aside” when the commander who imposed the punishment, a successor-in- command, or a superior authority sets aside all punishment imposed upon an individual under Article 15. Accordingly, the applicant has failed to show through the evidence submitted with her application and the evidence of record that there was insufficient time to consult with counsel. The Board determined that the evidence presented was sufficient to warrant a recommendation for...
ARMY | BCMR | CY2006 | AR20060003520C070205
Rowland Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, the removal of permanent orders 357- 25 dated 23 December 1997 and permanent orders number 205-4 dated 24 July 1998 from his Official Military Personnel File (OMPF). The applicant states that the two cited orders are duplicate orders of awards of the second and third awards of the Good Conduct Medal (GCMDL) and they should be...
ARMY | BCMR | CY2006 | AR20060004219C070205
The applicant requests the removal of a noncommissioned officer evaluation report (NCOER) covering the period from January 2004 through September 2004 from his Official Military Personnel File (OMPF). On 12 October 2004, after reviewing all of the evidence of the applicant’s case and his rebuttal, the commanding general directed that the MOR be filed in the applicant’s OMPF. A review of the available records fails to indicate that the applicant requested a commander’s inquiry be conducted...
ARMY | BCMR | CY2006 | AR20060005315C070205
The applicant provides two unofficial third party statements from individuals who assert that they were present during the time the applicant contends that he was injured. In his 2005 application to the Board he indicates that he was wounded on 28 June 1969 and he provided the statement from the medic who claims to have treated him on that date. It is noted that the applicant’s records contain documentation to show that he was treated in Vietnam when he was accidentally injured in...
ARMY | BCMR | CY2006 | AR20060006043C070205
By regulation, Army Guidance Counselors are required to verify that a member enlisting for the LRP has qualifying loans and to advise those members if any loan is not eligible for repayment. In doing so, the applicant’s military records may be corrected to show on page 8 of his contract (Statement for Enlistment) was amended to include the sentence “If a student loan is accepted by the official processing you for enlistment as payable under the LRP and the government fails to verify that...
ARMY | BCMR | CY2006 | AR20060006339C071029
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The PEB found that the applicant was physically unfit for retention in the Army and the board recommended that he be separated from the Army with severance pay, and a combined service connected disability rating of 10 percent. The medical evidence of record supports the determination that the applicant's unfitting condition was properly diagnosed and rated at the time of his discharge.
ARMY | BCMR | CY2006 | AR20060006512C071029
He states that he was not advised by anyone in his command that he was eligible for the CIB and that he had met the requirements for award of the CIB under Army Regulation 600-8-22, paragraph 2-6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. His records and his letters indicate that military intelligence specialist (97B) was the...
ARMY | BCMR | CY2006 | AR20060006612C071029
The evidence of record confirms that the applicant completed over 30 years of military service between his initial entry on active duty on 28 December 1965 and his discharge from the USAR on 8 August 1996. During the 30 years the applicant served in the USAR subsequent to his release from active duty, he was credited with only 18 qualifying years of service for Reserve retirement purposes. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2006 | AR20060006759C070205
Counsel requests the removal of the NJP from the applicant’s records. Personnel serving in the pay grade of E-4 or below, with less than 3 years of service will have the Record of NJP (DA Form 2627) filed in the local unit military justice files. Army Regulation 27-10 also provides, in pertinent part, that in regards to NJP, the Soldier will be advised of their right to consult with counsel and the location of counsel.
ARMY | BCMR | CY2006 | AR20060008070C071029
The applicant requests, in effect, that the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) election to former spouse coverage and that she be awarded the SBP annuity retroactive to the date of his death. However, the evidence of record fails to show that the FSM ever changed his SBP election from spouse to former spouse. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2006 | AR20060008261C071029
Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The applicant's records do show that the unit to which he was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and that he had excellent conduct and efficiency ratings throughout his service in the Army. As a result, the Board recommends denial of so much of the application...
ARMY | BCMR | CY2006 | AR20060008394C071029
The applicant provides, through his Representative in Congress, a memorandum dated 24 December 1997 discontinuing his PEB proceedings; a memorandum dated 22 April 1998 approving his request for withdrawal of his request for a formal hearing; a memorandum from the United States Army Physical Disability Agency (USAPDA), Bethesda, Maryland, dated 24 June 1998, returning the applicant's PEB proceedings to the President, United States Army PEB; a memorandum dated 26 June 1998 discontinuing his...
ARMY | BCMR | CY2006 | AR20060009246C071029
In an application to this Board dated 20 February 2006, the applicant requested correction of the term of service according to his records. The evidence of record shows that he is entitled to correction of his records and back pay as requested. The available evidence of records show that he was inducted into the Army on 15 September 1967 and he remained on active duty through a series of reenlistments until he as was released from active duty for the purpose of retirement on 28 February 1990.
ARMY | BCMR | CY2006 | AR20060010665C071029
He also requests that the Army Commendation Medal and the Korea Defense Service Medal be included on his DD Form 214. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse...
ARMY | BCMR | CY2006 | AR20060010670C071029
The applicant states that he has records showing that he was medically evacuated out of the field with a perforated ear drum when he was an infantryman. The applicant was honorably released from active duty (REFRAD) on 15 November 1968, under the provisions of Army Regulation 635-200, chapter 2, at the expiration of his term of service, He was transferred to the United States Army Reserve Control Group (Annual Training). Army Regulation 600-8-22 (Military Awards) provides, in pertinent...
ARMY | BCMR | CY2006 | AR20060010816C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 March 2007 DOCKET NUMBER: AR20060010816 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 Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to show that he was awarded the Expert Infantryman Badge (EIB). The applicant has submitted an undated...
ARMY | BCMR | CY2006 | AR20060010817C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 March 2007 DOCKET NUMBER: AR20060010817 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. Jerome Pionk | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected to show that he was awarded the...
ARMY | BCMR | CY2006 | AR20060010819C071029
The available records indicate that orders were published on 6 January 1988 discharging the applicant from the USAR under the provisions of Army Regulation 135-178, upon completion on his required service. Army Regulation 635-200 serves as the authority for enlisted separations and discharges. However, there is no evidence in the available records nor has the applicant submitted any evidence to support his contention that he should have been processed through medical channels at the time...
ARMY | BCMR | CY2006 | AR20060010824C071029
The applicant requests, in effect, that his undesirable discharge be upgraded to a general discharge. Accordingly, on 29 November 1968, the applicant was discharged under the provisions of Army Regulation 635-212, for unfitness. Consideration has also been afforded to the supporting letters and medical documentation that the applicant submitted on behalf of his application.
ARMY | BCMR | CY2006 | AR20060011055C071029
His orders authorized him COT leave travel entitlements. The Deputy Command for Clinical Services states that the applicant out- processed through many offices and was never briefed on the fact that the COT entitlement would be forfeited if he were to travel through CONUS for more than 10 days. The applicant requested that his PCS orders be corrected to state that his COT travel benefits are still authorized.
ARMY | BCMR | CY2006 | AR20060011942C071029
The applicant requests that his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was discharged in the rank and pay grade of sergeant (E-5). There is no evidence in the available records that supports his contention that he was ever promoted to the pay grade of E-5. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2006 | AR20060011961C071029
Dale DeBruler | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The OTSG opined, in effect, that a review of the officer's military pay file indicate no record of any MSP agreement submissions for the year 2005. The OTSG further opined that the applicant received all contractual pays authorized with the exception for 1 year obligatory MASP agreements for $15,000.00 for the year covering 1 July 2005 through 30 June 2006.
ARMY | BCMR | CY2006 | AR20060012722C071029
Roland Venable | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his undesirable discharge be upgraded to an honorable or a general discharge. A review of the available records fail to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2006 | AR20060012757C071029
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Chronological Record of Medical Care notes dated 1 June 1991 indicate that a physician noted in the applicant's records that in reviewing the applicant's medical records in relation to bypass surgery in May 1991, he was no longer considered medically fit for duty per Army Regulation 40-501. The first sergeant stated that a physical profile dated 1 June 1991 was completed with assignment limitations of no APFT for 1 year and that based on...
ARMY | BCMR | CY2006 | AR20060012803C071029
In her rebuttal, the applicant states that the CGSOC is not a requirement for promotion to lieutenant colonel for Army nurses and that she only wanted to attend the CGSOC to make herself more competitive for promotion. There were four OERs in the applicant’s records at the time that she was considered for promotion in May 2003 which were not corrected until June 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2006 | AR20060013063C071029
She states that as of the date of her application to this Board WES has not evaluated her transcripts. She was informed that, with her response clearly stated, the BBB may be able contact WES again and request further consideration. In an e-mail dated 2 February 2005, the University of Maryland Associate Director of Admissions informed the applicant that her request to be considered for the registered nurse to the BS in nursing program had been received.
ARMY | BCMR | CY2006 | AR20060013181C071029
The applicant requests, in effect, that his Report of Separation (DD Form 214) be corrected to show 17 January 1975, as the date of his active duty enlistment. The DD Form 214 that he was furnished at the time of his REFRAD shows the date that he entered on active duty as 20 May 1975. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2006 | AR20060013260C071029
Michael Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. At the time of his USAR enlistment he signed a Statement for Enlistment, United States Army Enlistment Program, United States Army Delayed Enlistment Program form which shows his enlistment for the U. S. Training Enlistment Program option of infantry recruit, Career Management Field (CMF 11). The evidence of record indicates that the applicant was not entitled...
ARMY | BCMR | CY2006 | AR20060013304C071029
The applicant requests that his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Army Commendation Medal. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal and two Overseas Service Bars. The citation indicates that he was awarded the Army Commendation Medal while serving as a member of Company A, 1st...
ARMY | BCMR | CY2006 | AR20060013327C071029
He was informed that the law required that he be considered by a second board, providing he was in a promotable status, and that the new board would again evaluate his official Department of the Army file, to include any additions since his last consideration. The applicant was told that he had been considered but, unfortunately, not among those selected for promotion by the board and, as a result of his second non-selection, he must be separated. The evidence of record indicates that he...
ARMY | BCMR | CY2006 | AR20060013560C071029
The PEB informed the applicant that the evidence established that his disability was not unfitting at the time of his release from active duty and there is no documentation of permanent aggravation resulting from subsequent military duty. The medical evidence of record supports the determination that the applicant's unfitting condition was properly diagnosed and rated at the time of his discharge. The available medical records show he went before an MEB and a PEB and neither...
ARMY | BCMR | CY2006 | AR20060013624C071029
The evidence of record shows that he enlisted in the RA on 1 October 1985. The evidence of record shows that he automatically enrolled into the AVFEAP at the time that he enlisted in the RA and at the time of his discharge there were no provisions for including the AVFEAP on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item number 12c on his DD Form 214 to show that he completed 2 years, 1...