| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Ms. Kathleen A. Newman | Chairperson | |
| Ms. Gail J. Wire | Member | |
| Mr. Patrick H. McGann, Jr. | Member |
APPLICANT REQUESTS: In effect, reconsideration of his request to have his "under other than honorable conditions" discharge upgraded.
APPLICANT STATES: That he sustained an injury to his shoulder and should have been reassigned to another organization. He notes that he was a good soldier and was never court-martialed for any of his "supposed" misconduct and discreditable actions. He states he was discharged for "being a good soldier."
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum (AR1998012379) prepared to reflect the Board's original consideration of his case on 14 January 1999. The applicant's basis for his current request constitutes a new argument, which requires consideration by the Board.
The applicant's service medical records indicate he was treated for a shoulder injury in November 1980 while undergoing airborne training. The applicant was given a temporary profile, but ultimately completed the training in January 1981 and on 1 February 1981 was assigned to Hunter Army Airfield in Georgia as an infantryman. On 25 February 1981 he was reassigned to Fort Stewart, Georgia as a "Personnel Carrier Driver."
The applicant's records of misconduct, which resulted in punishment under Article 15 of the Uniformed Code of Misconduct, occurred prior to, and following, his shoulder injury.
On 30 December 1981, while the applicant was being processed for administrative separation, he signed a statement declining his right to undergo a separation physical examination. However, the applicant's physical profile, reflected on an August 1981 Personnel Qualification Record (Department of The Army Form 2) was recorded as 1-1-1-1-1-1, indicating he had no physical problems or limitations. His Physical Category Code was recorded as "A."
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, and the applicant has not provided any, which indicates that his November 1980 shoulder injury impacted on his ability to perform his military duties or in anyway contributed to the misconduct that resulted in his administrative separation. The evidence of record does not support the applicant's contention that he was a "good soldier."
2. Additionally, the Board notes that the fact the applicant was not court-martialed for any of his actions is not an indication that his administrative separation was in error or unjust. Rather, the Board concludes that the applicant's command may have been attempting to assist the soldier in becoming a better soldier merely by imposing nonjudicial punishment, rather than stigmatizing him with a record of court-martial. When their attempts failed, they chose an appropriate course of action by administratively discharging him.
3. The overall merits of the case, including the latest arguments are insufficient as a basis for the Board to reverse its previous decision.
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.
NOTE:
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__KAN __ __GJW__ ___PHM_ DENY APPLICATION
| CASE ID | AR2002076814 |
| SUFFIX | |
| RECON | 20020123 |
| DATE BOARDED | YYYYMMDD |
| 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. |
ARMY | BCMR | CY2004 | 040004942C070208
The board [Physical Evaluation Board] stated that she was not fit for duty. The evidence shows that the applicant performed her duties well even after her shoulder injury in 1996. However, she continued her service in the Selected Reserve until her voluntary transfer to the Retired Reserve in April 2001, a year after the PEB determined that she was physically unit for military service.
ARMY | BCMR | CY2003 | 2003086420C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: Medical records, which she submits with her request, show that she was treated for right knee and thigh pain in April 1980, and in May of that year was diagnosed with chondromalacia, a softening of the articular cartilage.
ARMY | BCMR | CY2001 | 2001058903C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
ARMY | BCMR | CY2001 | 2001062569C070421
He had requested a Fitness for Duty Evaluation and a PEB. Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. The Counseling Guide for RC Members with Nonduty Related Conditions who Request a PEB states that RC members should only request referral to the PEB if they believe they can perform their duties despite their medical condition.
ARMY | BCMR | CY2004 | 20040011646C070208
He notes the rating was effective on 28 March 1995 and the medical conditions which served as the basis for his VA disability rating were related to his military service. According to the applicant's VA rating documents, in March 1995 he was granted a combined disability rating of 30 percent. The evidence of record indicates he did not have any medically unfitting disability which required physical disability processing.
ARMY | BCMR | CY2009 | 20090006136
The applicant states that he needs a medical discharge because of his feet. On 15 December 1989, the applicant consulted with counsel and requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. Since there is no evidence of record to show the applicant was ever medically unfit to perform his military duties, there is no basis for granting a medical discharge.
ARMY | BCMR | CY2007 | 20070015670
The applicant's records further show that he was ordered to active duty training on 30 March 1979. Evidence of record shows that, upon completion of MOS training, the applicant was honorably relieved from active duty training in accordance with paragraph 5-15 of Army Regulation 635-200. The applicant failed to provide sufficient evidence to show that he was separated for medical reasons.
ARMY | BCMR | CY2006 | 20060004190C070205
The PA stated that the applicant was currently undergoing a MEB by the Army to determine his fitness for duty status. Evidence of record shows that the applicant experienced medical issues as early as 1982 when he attempted suicide. Evidence of record shows that the applicant's medical condition did not prevent him from performing his military duties.
ARMY | BCMR | CY2003 | 03096166C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. An individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. There is no evidence, and the applicant has not provided any, which confirms that he was physically unfit to perform his...
ARMY | BCMR | CY2004 | 04100386C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 27 January 2000 the Board denied the applicant's request to upgrade his bad conduct discharge to honorable (AR1999028585). The applicant was discharged with a bad conduct discharge on 10 January 1984.