BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY2005 | 20050006156C070206
During its original deliberations in this case, the Board concluded that the evidence of record confirmed the applicant was assigned to an Aviation unit while serving in the Republic of Vietnam (RVN), and as a result he failed to meet one of the basic criteria for the award of the CIB, which was assignment to a qualifying infantry unit. Therefore, the Board concluded there was insufficient evidence to support the applicant’s claim of entitlement to the CIB and PH. The applicant's and his...
ARMY | BCMR | CY2002 | 2002082774C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
AF | BCMR | CY1999 | BC-1997-01034A
Since there was no provision of law that permits receipt of retired pay unless this requirement has been met, the Board agreed with the Air Force evaluation and found no basis to recommend granting the relief sought. A copy of the Record of Proceedings is attached at Exhibit F. Applicant, with counsel, has submitted an application, dated 16 June 1998, requesting reconsideration of his earlier request to grant an additional two years of Reserve service to be eligible to receive Reserve...
Since there was no provision of law that permits receipt of retired pay unless this requirement has been met, the Board agreed with the Air Force evaluation and found no basis to recommend granting the relief sought. A copy of the Record of Proceedings is attached at Exhibit F. Applicant, with counsel, has submitted an application, dated 16 June 1998, requesting reconsideration of his earlier request to grant an additional two years of Reserve service to be eligible to receive Reserve...
ARMY | BCMR | CY2001 | 2001060744C070421
Counsel also comments that even the victim in the incident that resulted in the court-martial charge being preferred against the applicant indicated to prosecutors at the time that he did not believe a court-martial was appropriate. On 29 May 1998, the separation authority approved the applicant’s discharge request and directed he be discharged under other than honorable conditions and that he be administratively reduced to the lowest enlisted grade. The evidence of record shows the...
ARMY | BCMR | CY2007 | 20070011801
The applicant requests, in effect, that his record be corrected to show he was retired by reason of length of service with 20 years of active military service vice disability. The USAPDA Legal Advisor further states that the applicant could have requested COAD to reach 20 years of service before being separated for his disabilities; however, there is no program for active duty Soldiers that allows them to waive their disability findings and automatically receive a 20 year retirement. By...
Since there was no provision of law that permits receipt of retired pay unless this requirement has been met, the Board agreed with the Air Force evaluation and found no basis to recommend granting the relief sought. A copy of the Record of Proceedings is attached at Exhibit F. Applicant, with counsel, has submitted an application, dated , requesting reconsideration of his earlier request to grant an additional two years of Reserve service to be eligible to receive Reserve retired pay at...
ARMY | BCMR | CY2012 | 20120010278
A Soldier who is physically unqualified for further military service has no inherent or vested right to continuation; (2) paragraph 6-3 that COAD applies to officers on the active duty list, Regular Army enlisted Soldiers, and Soldiers in the AGR requesting continuation as AGR; (3) paragraph 6-6 that final PDES evaluation may be waived for retirement for length of service. The applicant's reconsideration request that her record be corrected to show 20 years of active duty service under COAD...
ARMY | BCMR | CY1996 | 9606684C070209
The PEB recommend that he be placed on the TDRL with a 30 percent disability rating. Continuation on the TDRL was precluded since the applicant had completed less than 20 years service and had a combined disability rating of less than 30 percent. The PEB recommended that he be separated from the Army with severance pay and placed on the PDRL based on a 10 percent disability rating.
ARMY | DRB | CY2005 | 20050002917
The request of the applicant and his counsel that he receive a medical discharge based on a 30% disability rating, which in effect is a request to review the PEB findings and recommendations made in his case, and the supporting documents submitted were carefully considered. The evidence of record confirms the applicant was properly processed through the PDES in accordance with the applicable laws and regulations, and was separated with severance pay by reason of physical disability based on...