Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001052784C070420
Original file (2001052784C070420.rtf) Auto-classification: Approved
SUPPLEMENTAL PROCEEDINGS



         IN THE CASE OF:.



         BOARD DATE: 15 February 2001
         DOCKET NUMBER: AR2001052784


         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. A quorum was present during the further consideration and deliberation. The findings appearing in proceedings dated 1 July 1999 were affirmed. The following additional findings, conclusions, and recommendation were adopted by the Board.

Mr. Carl W. S. Chun Director
Mr. Lee Cates Analyst

         The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 1 July 1999.

Mr. Fred N. Eichorn Chairperson
Mr. Melvin H. Meyer Member
Ms. Margaret K. Patterson Member


         The applicant and counsel, if any, did not appear before the Board.

         The Board considered the following additional evidence:

         Exhibit A – US Army Enlisted Records and Evaluation Center (EREC) letter, Subject: Return of ABCMR Application (Flowers, Benjamin L., 432-49-3054).







THE BOARD ADDITIONALLY FINDS:

7. On 10 August 1999, the Chief, Personnel Actions Branch, US Army Enlisted Records and Evaluation Center advised the Board that the applicant was discharged from the Army for Fraudulent Entry effective 6 May 1999.

THE BOARD ADDITIONALLY CONCLUDES:

3. At the time of the Board’s 1 July 1999 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time of his enlistment.

4. In view of the additional factors in this case the applicant is not entitled to correction of his record to show he enlisted for 6 years on 6 May 1999. The Board notes that he has since been discharged for Fraudulent Entry.

5. The Board now concludes the applicant’s records need not be corrected as previously directed, and that the previous recommendation should be rescinded.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below, to show there is no longer a basis for the granting of his request.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by rescinding the Board’s recommendation appearing in the proceedings, dated 1 July 1999, and to show that the individual’s request was denied.

BOARD VOTE:

__fe__ ___mm_____ __mp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




___Fred N. Eichorn____
                  CHAIRPERSON



INDEX

CASE ID AR2001052784
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010215
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.100 Rescind ABCMR Proceedings of 1 Jul 99.
2.
3.
4.
5.
6.

Similar Decisions

  • ARMY | BCMR | CY2001 | 2001056861C070420

    Original file (2001056861C070420.rtf) Auto-classification: Approved

    The Board concluded that based on the applicant’s date of rank for captain of 1 March 1992, his maximum years of service in grade date for major was 28 February 1999, and the applicant was not given fair and timely promotion consideration in 1998 and 1999 by the Reserve Components Selection Boards (RCSB’s). In view of the additional factors in this case the applicant is not eligible for promotion consideration by the 1998 or 1999 RCSB for promotion to major since he was on active duty until...

  • ARMY | BCMR | CY2002 | 2002079446C070215

    Original file (2002079446C070215.rtf) Auto-classification: Approved

    Meanwhile, on 8 July 1999, the commanding general (a lieutenant general) issued the applicant a general officer memorandum of reprimand (GOMOR) for having prepared the memorandum signed by his daughter's physician and misrepresenting that the chain of command supported the action, for not making known the fact that his daughter had approved travel by plane to the United States at the time he requested surface travel, and for violating a lawful order from his commander not to discuss the...

  • ARMY | BCMR | CY2006 | 20060010726C071029

    Original file (20060010726C071029.doc) Auto-classification: Approved

    Permanent Orders 295-20, which awarded her the Good Conduct Medal, and which were rescinded, be removed from her Official Military Personnel File (OMPF). The applicant's request for removal of Permanent Orders 109-18 and Permanent Orders 295-20, which awarded her the Good Conduct Medal (2nd Award and 3rd Award), for an incorrect period of good conduct, from her OMPF, has merit. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2002 | 2002077383C070215

    Original file (2002077383C070215.rtf) Auto-classification: Approved

    He was transferred to be a major command officer strength manager followed up by an assignment as a commander of a Military Entrance Processing Station (MEPS) commander, where he received the contested report. His next report (contested OER) covered the period from 16 June 1999 through 15 May 2000. In Part V, under Performance and Potential Evaluation, the rater gave the applicant a rating of "Unsatisfactory Performance – Do Not Promote".

  • ARMY | BCMR | CY2004 | 20040010514C070208

    Original file (20040010514C070208.doc) Auto-classification: Approved

    Permanent Order Number 132-00026, United States Army Intelligence Center and Fort Huachuca, dated 12 May 2003 shows the applicant was awarded the AGCM (2nd Award) for the period 19 May 2000 to 20 May 2003. Permanent Orders Number 152-3, dated 1 June 1999 shows applicant was awarded the AGCM (1st Award) for the period 25 May 1996 to 23 May 1999. Permanent Orders 132-00026, dated 12 May 2003 awarded the applicant the AGCM (2nd Award) for the period 19 May 2000 to 20 May 2003.

  • ARMY | BCMR | CY2003 | 2003085680C070212

    Original file (2003085680C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: On 10 May 1999 the Commander of the Fort Benning Infantry Center issued the applicant a memorandum of reprimand for driving under the influence of alcohol.

  • ARMY | BCMR | CY2003 | 2003089397C070212

    Original file (2003089397C070212.doc) Auto-classification: Denied

    The applicant requests that the Board reverse the findings of a report of survey which found him financially liable. In the processing of this case a staff advisory opinion was provided by the Army Logistics and Transformation Agency (ALTA) which opines, in effect, that simple negligence is the standard used by the Army to assess financial liability against military members and Department of the Army civilian employees involved in vehicular accidents involving government owned or leased...

  • AF | BCMR | CY2001 | 99-02204

    Original file (99-02204.doc) Auto-classification: Approved

    The board, however, did find that, on 28 February 1994, the applicant falsified an official document, the AF Form 24, that indicated she had graduated from the USC with a Chemical Engineering degree. On 25 April 1997, the Air Force Personnel Board (AFPB) reviewed the PODB’s decision and agreed that the applicant should not be retained in the Air Force. The records indicate her service was reviewed and appropriate action was taken.

  • ARMY | BCMR | CY2002 | 2002070789C070402

    Original file (2002070789C070402.rtf) Auto-classification: Denied

    APPLICANT STATES : He was “medically separated from the Army” in December 2000 for a medical condition which “was undiagnosed.” He states that the condition was described as “chronic mid-back pain, rated as slight – not requiring narcotic therapy – occasional.” He notes that once he was discharged his “condition disappeared” and he believes that his condition may have stemmed from the “treatment [he] was receiving in the Army’s care.” He states that he initially sought medical attention...

  • ARMY | BCMR | CY2001 | 2001054607C070420

    Original file (2001054607C070420.rtf) Auto-classification: Approved

    The evidence of record and OTSG officials confirm that the applicant correctly failed to enter into the requested MASP contracts based on his understanding that the contract could only be signed if the officer has sufficient tenure to complete the contracted period. The applicant served in an authorized medical specialty position that authorized MASP for the periods indicated and in the opinion of the Board, to deny him MASP solely based on his failure to execute a formal contract, which he...