Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003087264C070212
Original file (2003087264C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 7 August 2003
         DOCKET NUMBER: AR2003087264

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Thomas B. Redfern Member
Ms. Mae M. Bullock Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. 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 correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That he be issued a new report of separation (DD Form 214) with the narrative reason for separation contained in block 28 removed.

APPLICANT STATES: That the narrative reason for separation is not mandatory and because his narrative reason for separation was "Physical Disability with Severance Pay", he has been experiencing difficulty gaining employment.

EVIDENCE OF RECORD: The applicant's military records show:

He initially enlisted in the Regular Army on 29 May 1979 and served until he was honorably discharged on 29 November 1985, due to the expiration of his term of service.

He again enlisted on 4 December 1986 and served until he was honorably discharged in the pay grade of E-6 on 2 March 1992, due to physical disability with severance pay (20%). He had served 11 years and 9 months of total active service.

At the time of his separation, the applicant was provided copies one and four of his DD Form 214.

Army Regulation 635-5 serves as the authority for the preparation and distribution of the DD Form 214, an eight-copy manifold form which provides information that is current as of the date of separation from active duty. It provides, in pertinent part, that the narrative reason for separation will be included on copies two, four, seven and eight of the DD Form 214. The form is designed so that it only appears on those copies when typed in. Copies one and four are provided to the soldier, copy two is maintained in the soldier's records, copy three is mailed to The Department of Veterans Affairs, copy five is mailed to The Department of Labor, copy six is mailed to the State Director of Veterans Affairs, copy seven is forwarded to the installation finance office and copy eight is maintained by the separating transition center for 6 months after separation.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. 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. The applicant has failed to submit evidence that would satisfy this requirement.

2. The applicant's DD Form 214 was prepared in accordance with the applicable regulation and the applicant was provided with both a copy of his DD Form 214 showing the narrative reason for separation and one without it.

3. The Board has noted the applicant's contention that the narrative reason for separation is not required and finds it to be without merit. The applicable regulation requires that the narrative reason for separation be displayed on copies two, four, seven and eight and the form is designed so that it only appears on those copies when typed in. The remaining copies do not contain that information.

4. While the applicant may be experiencing difficulty with employers because he shows the copy of his DD Form 214 showing the narrative reason for separation, this is not due to the form being incorrectly prepared, but more from the applicant providing the form to the employer. The choice of which form to show rests with the applicant.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___mb __ __tbr____ __ao____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003087264
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/08/07
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 191 110.0200/RSN AND AUTH
2.
3.
4.
5.
6.


Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-02196

    Original file (BC-2004-02196.doc) Auto-classification: Denied

    The medication was for someone with a disorder which he did not have. ___________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant states that the applicant was discharged for unsuitability due to personality disorder, on 5 Dec 01, after 8 months and 9 days on active duty and now requests his records be changed to show a different reason for discharge that would permit him to reenlist. ...

  • AF | BCMR | CY2001 | 0101110

    Original file (0101110.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-01110 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her narrative reason for discharge be changed from “Personality Disorder” to either “Panic Disorder” or simply state “Medical discharge without diagnosis shown.” By amendment at Exhibit G, applicant requests that her DD Form 214...

  • ARMY | BCMR | CY2007 | 20070008203

    Original file (20070008203.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. This was the first time he saw the OER and was asked to sign it and return it to the senior rater; d. upon review of the OER, the applicant noticed the non-rated time and that it was a referred report. It is a referred report signed by the rater and senior rater.

  • AF | BCMR | CY2004 | BC-2003-01489

    Original file (BC-2003-01489.DOC) Auto-classification: Denied

    In support of his application, the applicant provided a personal statement, copies of his military personnel records, a letter from the applicant’s father to the basic training commander, and a statement from the applicant’s recruiter. DPPRS states that by signing the “Statement of Understanding of Sickle-Cell Trait and Discharge Options” the applicant acknowledged the Air Force’s policy on sickle cell trait and understood, if he elected to separate, he would not be allowed back into the...

  • AF | PDBR | CY2010 | PD2010-00880

    Original file (PD2010-00880.docx) Auto-classification: Denied

    VA psychiatric outpatient notes proximate to separation indicate the CI’s condition deteriorated significantly at that time, and he was diagnosed with PTSD in addition to bipolar disorder four days prior to separation. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows: TDRL at 50% for six months following CI’s prior medical separation (minimum of 50% IAW §4.129) and then a permanent 50% disability retirement as below. Absent the requirement for...

  • AF | BCMR | CY2006 | BC-2005-02948

    Original file (BC-2005-02948.doc) Auto-classification: Denied

    Please consider the time he has spent in the U.S. Army after he was discharged from the U.S. Air Force; it was eight years or more. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS recommends the application be denied and states based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Applicant did not submit any evidence...

  • AF | PDBR | CY2013 | PD2013 00299

    Original file (PD2013 00299.rtf) Auto-classification: Denied

    At the MEB/NARSUM evaluation11 July 2007, seven months before separation, the CI reported neck pain and stiffness with prolonged standing and sitting.On examination flexion of the cervical spine was reduced to 20 degrees with pain. Contended MH Conditions .The Board’s main charge is toreview the record and assess whether any MH condition was unfitting and should be considered for disability rating. The Board concluded that the preponderance of evidence in record did not support an...

  • AF | BCMR | CY2004 | BC-2003-02732

    Original file (BC-2003-02732.DOC) Auto-classification: Denied

    JAJM states that under 10 USC Section 1552(f), which amended the basic corrections board legislation, the Air Force Board for Corrections of Military Record’s (AFBCMR) ability to correct records related to courts-martial is limited. Specifically, Section 1552(f)(1) permits the correction of a record to reflect actions taken by reviewing authorities under the UCMJ. __________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that...

  • AF | BCMR | CY2003 | BC-2002-03983

    Original file (BC-2002-03983.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03983 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation and separation code be changed. The AFBCMR Medical Consultant’s evaluation is at Exhibit C. HQ AFPC/DPPRS concurs with the AFBCMR Medical Consultant and recommends the applicant’s separation code...

  • ARMY | BCMR | CY2001 | 2001056105C070420

    Original file (2001056105C070420.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The ADRB denied his request for a change in the reason for discharge and found that his narrative reason for separation was both proper and equitable. However, unless the Board is presented evidence that the applicant was not discharged “for the good of the service in lieu of court-martial” there is no error or injustice.