Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003090496C070212
Original file (2003090496C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 15 JANUARY 2004
         DOCKET NUMBER: AR2003090496


         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.

Mr. Carl W. S. Chun Director
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Allen L. Raub Member
Mr. William D. Powers Member

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

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests, in effect, disability retirement or separation.

2. The applicant states that he would like to have a medical discharge so that he can receive care. He states that he was found by his battalion surgeon to have suffered from previous head-trauma, which was not “the fact.”

3. The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1. Records available to the Board indicate that the applicant enlisted in the Regular Army and entered active duty on 26 February 2001. His entrance physical examination is silent regarding any previous head traumas or a bout of meningitis as a toddler.

2. He was trained in an infantry specialty and was awarded a Parachutist Badge in July 2001.

3. The applicant was counseled on several occasions for his poor performance and being late for work. On several counseling statements the individual doing the counseling noted the applicant’s medical problems, including his headaches.

4. In March 2002 the applicant’s commander initiated action to administratively separate the applicant under the provisions of Army Regulation 635-200, Chapter 7, for erroneous enlistment. The commander specifically cited the absence of medical information from the applicant’s enlistment physical examination, which if revealed, would have likely excluded him from military service, as the basis for the recommendation. He noted that the applicant had multiple prior episodes of minor to moderate head trauma prior to entering military service, including a motor vehicle accident and football injuries prior to enlisting. He also noted that the applicant suffered from meningitis at age 2. The commander stated that the applicant is susceptible to ongoing problems and headaches.

5. Medical information contained in the applicant’s file notes that he had been referred for care following a head injury during an airborne operation in Airborne Training. It was ultimately determined that he was suffering from post concussion syndrome and chronic headaches. Medical personnel concluded, after reviewing the applicant’s prior medical history, provided by the applicant





and his father, that the applicant had suffered multiple prior episodes of minor to moderate head trauma and a bout of meningitis, which may have contributed, or made him more susceptible to his current condition.

6. The applicant indicated in his own handwriting that he had been involved in a motor vehicle accident and treated for lacerations to his head, and that he had also been treated for another laceration to his head in 1998, which required stitches. He indicated that his parents told him that he had also suffered from meningitis in 1981 or 1982. The applicant’s battalion surgeon indicated that because the applicant had failed to disclose this important information, his chain of command was “required to separate [the applicant] for erroneous enlistment.”

7. The applicant acknowledged receipt of the proposed separation and made no statements in his own behalf.

8. The commander’s recommendation was approved, and on 19 April 2002 he was honorably discharged under the provisions of Army Regulation 635-200, Chapter 7. He had 1 year, 1 month, and 24 days of creditable active Federal service at the time of his discharge.

9. Army Regulation 635-200, Chapter 7, states that Soldiers may be separated on the basis of an erroneous enlistment if the enlistment would not have occurred had the relevant facts been known by the Government, the enlistment was not the result of fraudulent conduct on the part of the Soldier, and the defect is unchanged in material respects.

DISCUSSION AND CONCLUSIONS :

1. The applicant was discharged for failing to provide medical information, which if known, may have precluded his enlistment in the Army. As such, he was discharged as a result of an erroneous enlistment.

2. The applicant’s contention that he did not suffer from multiple head traumas prior to his enlistment, and which served as the basis for his administrative discharge, is not supported by any evidence in available records or provided by the applicant. The applicant, in his own handwriting, confirms the fact that he suffered from multiple head traumas prior to his enlistment. He has provided no evidence that contradicts that information.

3. In order to justify correction of a military record the applicant must show, 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.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__ MKP __ __ ALR __ __ WDP __ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  __Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2003090496
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040115
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. 108.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 03096162C070212

    Original file (03096162C070212.rtf) Auto-classification: Approved

    The applicant provides copies of her medical records, to include Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) proceedings. He stated that the applicant stated that she had been getting chronic daily headaches and monthly migraine headaches that caused her to be hospitalized or on quarters for 5-10 days at a time. He stated that the headaches were clearly migrainous and his narrative had clearly stated such.

  • ARMY | BCMR | CY2015 | 20150004142

    Original file (20150004142.txt) Auto-classification: Denied

    In his request for reconsideration, he stated: * he sustained a concussion in Vietnam and was sent to Japan to recover from this concussion * he was not sent back to Vietnam because of the medical issues with hearing loss, headaches, and post-traumatic stress disorder (PTSD) which are all service-connected * he was given a permanent physical profile and upon returning stateside, he was assigned to supply, then finance, then special services * he was also treated at Fort Meade, MD for ears,...

  • AF | PDBR | CY2011 | PD2011-00348

    Original file (PD2011-00348.docx) Auto-classification: Approved

    Nevertheless, given the CI’s history of starting college prior to separation, employment after separation, and normal performance on tests of “intellectual abilities, memory, executive control, language, and visual-spatial functioning,” the Board agreed that the CI’s level of functioning at separation best fit the VASRD §4.130 10% criteria, “occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only...

  • AF | PDBR | CY2012 | PD2012 01234

    Original file (PD2012 01234.rtf) Auto-classification: Approved

    The PEB adjudicated the post-traumatic headache aggravated by Kevlar as severe headaches resulting in an inability to wear Kevlar; s/p depressed skull fracture, multiple scalp lacerations, near avulsion of right auricleunfitting, rated 0%, with likely application ofVeteran’s Affairs Schedule for Rating Disabilities (VASRD) andAR 635-40.The remaining conditions (hearing loss, left ear, status post ossiculoplasty Oct 1999, on H1 profile;and patellofemoral pain syndrome, intermittently...

  • ARMY | BCMR | CY2014 | 20140008882

    Original file (20140008882.txt) Auto-classification: Denied

    A review of the applicant's military personnel record failed to reveal evidence that he was awarded the Purple Heart for injuries sustained on 20 April 2005. The applicant contends that his records should be corrected to show award of the Purple Heart because he was injured as a result of an IED explosion on 20 April 2005 while serving in Iraq. The evidence of record shows, on 20 April 2005, the applicant's unit was conducting combat operations in Iraq when the vehicle he was in was struck...

  • NAVY | BCNR | CY1999 | Document scanned on Wed Feb 14 13_34_15 CST 2001

    Original file (Document scanned on Wed Feb 14 13_34_15 CST 2001.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL. He noted that He The Board specifically noted In its review of your application the Board conducted a thorough review of both service and medical records, and the post-service medical records you provided. The Board also could not ignore the multiple notations With regard to your psychiatrist’s opinion that you suffered from PTSD, a paranoid personality disorder and a possible organic brain syndrome, the Board noted that like the other...

  • NAVY | BCNR | CY1999 | Document scanned on Wed Feb 14 14_01_05 CST 2001

    Original file (Document scanned on Wed Feb 14 14_01_05 CST 2001.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL. He noted that He The Board specifically noted In its review of your application the Board conducted a thorough review of both service and medical records, and the post-service medical records you provided. The Board also could not ignore the multiple notations With regard to your psychiatrist’s opinion that you suffered from PTSD, a paranoid personality disorder and a possible organic brain syndrome, the Board noted that like the other...

  • ARMY | BCMR | CY2007 | 20070008315

    Original file (20070008315.txt) Auto-classification: Denied

    The applicant states, in effect, that he was denied referral to an MEB per Army Regulation 40-501 (paragraphs 3-3c, 3-30g, 3-30h, 3-30j, 3-41c, and 7-11e) for an illness (meningitis encephalitis) and ongoing related medical issues (migraine headaches). He contends that he was deployed to Iraq with his Army Reserve unit in December 2003 and that during his deployment he was medically evacuated to the United States for treatment for meningitis encephalitis. On 18 July 2005, a request for the...

  • ARMY | BCMR | CY2013 | 20130020701

    Original file (20130020701.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The letter stated her claim was not approved because the medical documents submitted for her motor vehicle accident which occurred on 26 June 2006 did not indicate she was hospitalized for 15 consecutive days or more. The evidence shows the applicant was injured in a motor vehicle accident in June 2006 and she suffered deep lacerations to her forearm and head.

  • ARMY | BCMR | CY2014 | 20140017325

    Original file (20140017325.txt) Auto-classification: Denied

    A review of the FSM's available military service records failed to show any evidence that he was found to have any unfitting medical condition(s). There is no evidence of record that shows the FSM was diagnosed with any unfitting medical condition(s) during the period of service under review. The evidence of record shows that less than 6 months after he enlisted in the Army the FSM committed offenses for which he was convicted by a general court-martial.