Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003088295C070403
Original file (2003088295C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 19 JUNE 2003
         DOCKET NUMBER: AR2003088295

         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
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. John S. Slone Chairperson
Ms. Lana E. McGlynn Member
Mr. William D. Powers 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: In effect, that his separation document be corrected to delete information indicating that he was on active duty for training in 1959.

APPLICANT STATES: In effect, that his 6 months of active duty in 1959 was not for training. He states that he is unable to obtain Department of Veterans Affairs benefits as long as his separation document shows that he was on active duty for training purposes only. In support of his request he submits a 2003 letter from the Department of Veterans Affairs indicating that "active duty for training does not qualify for VA medical benefits."

EVIDENCE OF RECORD: The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed from alternative sources, including information provided by the applicant.

The applicant enlisted in the Army Reserve in February 1959 and as such incurred a 6 year statutory service obligation. He was ordered to active duty in March 1959 for the purpose of undergoing training. His separation document and monthly payment vouchers all confirm that his period of active duty was for the purpose of undergoing training.

He was initially assigned to Fort Jackson, South Carolina for basic combat training and in May 1959 was reassigned to Fort Rucker, Alabama to undergo aircraft maintenance training.

Orders issued by the United States Army Aviation Center at Fort Rucker on
16 September 1959 confirm that the applicant was released from active duty and returned to the United States Army Reserve to complete his 6 years of military service. He was released from active duty on 21 September 1959. His separation document correctly reflects that his 6 months of active duty was for the purpose of training.

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. There is no evidence, nor has the applicant provided any, that his period of active duty was for other than training purposes. Evidence available to the Board confirms that the applicant's period of active duty between March and September 1959 was for the purpose of undergoing training.

2. The fact that the applicant may not be entitled to certain Department of Veterans Affairs benefits based on the reason for his period of active service is not a basis to modify his separation document.

3. 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 that requirement.

4. 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

__JNS __ __LEM __ __WDP__ DENY APPLICATION



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




INDEX

CASE ID AR2003088295
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030619
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002083058C070215

    Original file (2002083058C070215.rtf) Auto-classification: Denied

    He notes that the incentive bonus would have “amounted to $12,000.00 per year for every year [he] remained in an active AH-64 pilot position” and contends that he would have served for 3 years and 6 months as an AH-64 pilot following completion of training, which he estimated to be approximately 6 months. However, during the period in question the Army did have a “Limited Call to Active Duty Program” which permitted United States Army Reserve warrant officers to volunteer for active duty. ...

  • ARMY | BCMR | CY2001 | 2001063668C070421

    Original file (2001063668C070421.rtf) Auto-classification: Approved

    His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect award of the Good Conduct Medal. The Board also notes that in spite of board action recommending reclassification for inefficiency there is no evidence the applicant was ever reassigned from his supply duties or reclassified. There is no evidence, and the applicant has not provided any, that his reduction to pay grade E-2 while in the USAR was in error or unjust.

  • ARMY | BCMR | CY2001 | 2001062805C070421

    Original file (2001062805C070421.rtf) Auto-classification: Denied

    On 16 May 1964, he was dismissed under other than honorable conditions, pursuant to the sentence of his general court-martial conviction. The Board determined that the applicant had presented insufficient evidence of probable error or injustice and denied his case on 22 December 1965. However, the applicant has failed to show through the evidence submitted with his application or the evidence of record that the charges against him were false or that they were racially motivated.

  • ARMY | BCMR | CY2001 | 2001058879C070421

    Original file (2001058879C070421.rtf) Auto-classification: Approved

    During the applicant’s period of military service the Armed Forces Expeditionary Medal was not authorized for service in Germany. His DA Form 137 tends to support a conclusion that there is no evidence available which would serve as a basis to deny him an award of the Army Good Conduct Medal. The Board can confirm the applicant was authorized travel to see medical personnel early in 1959 and subsequent to his release from active duty.

  • ARMY | BCMR | CY2002 | 2002069373C070402

    Original file (2002069373C070402.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. His DD Form 214 (original contained in his records) contains an “X” in the “other” box of block 19 and contains the remarks “Ordered to ACDUTRA.” The evidence of record clearly shows that he was in fact ordered to ACDUTRA and the appropriate block of “other” was “X’d” to indicate ACDUTRA.

  • ARMY | BCMR | CY2001 | 2001053507C070420

    Original file (2001053507C070420.rtf) Auto-classification: Denied

    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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. After hearing testimony from the applicant and his chain of command, the board of officers recommended that the applicant be separated from the service under the provisions of Army Regulation 635-209 for...

  • ARMY | BCMR | CY2001 | 2001051957C070420

    Original file (2001051957C070420.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 20 July 1962, be corrected in Block 25a (Specialty Number and Title) to show 675.30 - Helicopter Mechanic vice 351.10 - Power Generator Specialist. The record also indicates that he received 5 weeks of school training in MOS 670.00 (helicopter mechanic...

  • ARMY | BCMR | CY2002 | 2002068190C070402

    Original file (2002068190C070402.rtf) Auto-classification: Denied

    Evidence of record shows the applicant served on active duty for training from 30 July 1958 through 29 January 1959. However, evidence of record shows that his assignment to the USMAPS was part of his active duty for training. Based on the foregoing, the Board has determined that there is no error or injustice in this case regarding the applicant's active duty service.

  • ARMY | BCMR | CY2004 | 040006632C070208

    Original file (040006632C070208.doc) Auto-classification: Approved

    Linda Simmons | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Although the applicant’s record contains only one order confirming his second Army Commendation Medal, there is no reason to doubt the fact that he was awarded an Army Commendation Medal for his service in Vietnam between December 1968 and December 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2003 | 2003083878C070212

    Original file (2003083878C070212.rtf) Auto-classification: Denied

    The notification indicates that action was being initiated to separate the applicant from the Florida Army National Guard for non-completion of a physical required to establish fitness for duty. In March 1999 the applicant submitted an application to the Army Board for Correction of Military Records requesting assistance in having her discharge from the Army National Guard corrected to show she was discharged because of medical reason and transferred to the Retired Reserve. The applicant’s...