ARMY | BCMR | CY2003 | 2003083367C070212
In his case, the condition is service connected for the following two reasons: the eight year rule says so; and it is an adult condition incurred while on active duty. As noted in the USAPDA advisory opinion, that Agency and the PEB have reviewed the applicant’s case on numerous occasions, carefully considering all the medical evidence of record and the independent medical evidence provided by the applicant, to include the argument concerning both his GHD condition and foot problems. The...
ARMY | BCMR | CY2004 | 2004106506C070208
Counsel requests, in effect, that the request for reconsideration for a change to the narrative reason for the separation of his client and the RE code applied to his client's DD Form 214, Certificate of Release or Discharge from Active Duty, be reviewed by the Army Board for the Correction of Military Records (ABCMR), base on newly discovered evidence. Item 21 (Commanders' Assessment) was checked, "Failure." On 21 February 1996, the applicant's commander initiated action to separate him...
ARMY | BCMR | CY1995 | 9506062C070209
There is no evidence of record that the applicant was so impaired by alcohol problems that he could not both tell right from wrong and adhere to the right, or that the discharge resulted from diminished capacity due to alcohol. The applicant was discharged for his misconduct and alcoholism is not normally accepted as a defense. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within...
ARMY | BCMR | CY1990-1993 | 9307187
COUNSEL CONTENDS: Counsel concurs in the applicant’s presentation and requests that all reasonable doubt be resolved in the applicant’s favor. : 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. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within the 3 year...
ARMY | BCMR | CY2012 | 20120021608
h. The applicant's ADL loss was within 730 days of the traumatic event. Therefore, his claim for ADL loss after August 2008 is well within the 730-day period. Counsel's contentions and argument were carefully considered; however, by law, for an ADL loss to be covered there must be a traumatic event that leads to a loss for a duration of at least 30 days; the member must require assistance to perform two of six ADLs; and the ADL loss must be certified by a healthcare provider and...
ARMY | BCMR | CY2003 | 2003088334C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 27 October 1982, after consulting with legal counsel and being advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the UCMJ, and of the possible effects of an UOTHC discharge, the applicant voluntarily requested discharge for the good of the service, under the provisions of chapter 10, Army Regulation...
ARMY | BCMR | CY1996 | 9605850C070209
He requested reconsideration in 1987 and was denied based upon insufficient evidence of error or injustice and his failure to provide new evidence. 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. Medical authorities at Brooke General Hospital determined that the applicant had an inadequate personality and recommended his discharge under applicable...
ARMY | BCMR | CY2001 | 2001059557C070421
Counsel presents the applicant’s request for reconsideration and new requests for relief, evidence contentions, and conclusions in a five-page memorandum to the Army Board for Correction of Military Records (ABCMR) with no attachments. In the request for reconsideration, counsel essentially is seeking the same relief considered in part by the ABCMR in Docket Number AR1999032387, specifically to correct his records by restoring him [the applicant] to active duty in pay grade E-6 or at least...
ARMY | BCMR | CY2003 | 2003087750C070212
The Board considered the following evidence: In support of his request he submits documents showing that he broke his ankle while on active duty in 1982; his physical profile showing that he was assigned a permanent “4” designator (the most severe limitation code in a four digit field) in the lower extremity portion of the profile due to pes planus; a medical record sheet dated 26 January 1987 which stated that the applicant exhibited symptoms which would be consistent with somatoform...
ARMY | BCMR | CY2003 | 2003085083C070212
The applicant's records contain a DA Form 199 (Physical Evaluation Board (PEB) Proceedings) which shows that a PEB convened on 26 May 1992 to consider the applicant's case. Evidence of record shows the following. d. The DVA subsequently rated the applicant's migraine headaches under the VASRD and also found them 10 percent disabling, not 30 percent as the applicant now contends.