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ARMY | BCMR | CY2003 | 2003090834C070212
Original file (2003090834C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: JANUARY 22, 2004
         DOCKET NUMBER: AR2003090834


         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. Deyon D. Battle Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. Ronald J. Weaver Member
Mr. Arthur A. Omartian 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 remission of any debt that he may owe to the United States Government.

2. The applicant states that the 344 th Combat Support Hospital (CSH) fraudulently submitted a Department of the Army (DA) Form 31 (Request for Ordinary Leave) to make it appear that he requested ordinary leave in spite of the fact that they were notified that he required surgery for a service connected injury and was entitled to convalescent leave.

3. The applicant provides a copy of a letter dated 24 September 2001 from a physician at the Department of Veterans Affairs (VA) Medical Center in Brooklyn, New York certifying that he was scheduled for surgery on 28 September 2001, at the Brooklyn VA hospital; a copy of a letter from the VA Medical Center dated 17 December 2001, certifying that he had right foot surgery on 10 October 2001 and was followed up at the clinic on a weekly basis; a copy of medical record progress notes showing his need for rehabilitation services; a copy of an undated letter from a family physician at the Ainsworth US Army Health Clinic at Fort Hamilton to the Commander, 344 th CSH indicating that he had right foot surgery on 10 October 2001 and should have been off duty on convalescent leave for the period covering 10 October 2001 through 10 December 2001; and a copy of his physical profile as of 13 September 2001.

CONSIDERATION OF EVIDENCE:

1. On 10 December 1981, he enlisted in the United States Army Reserve (USAR) in the Delayed Entry Program for 6 years, in the pay grade of E-1. On 28 December 1981, he enlisted in the Regular Army (RA) for 4 years in the pay grade of E-3. He successfully completed his training as an indirect fire infantryman. On 28 January 1983, he extended his period of enlistment for 7 months.

2. On 27 July 1986, he was honorably released from active duty at the expiration of his term of service and he was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. He extended his USAR enlistment for 1 year, 8 months and 29 days on 20 August 1987. He extended his USAR enlistment again on 7 August 1989, for a period of 6 months and 1 day.

3. He reenlisted in the RA on 6 January 1991, in the pay grade of E-5. On 1 November 1992, he was promoted to the pay grade of E-6. He was released from active duty for the purpose of immediate reenlistment in the USAR on 25 October 1993. On 20 July 1999, he extended his 6-year USAR enlistment for an additional 4 years, 4 months and 2 days.
4. It appears, based on the information that the applicant has submitted with his application, that on 13 September 2001, he was placed on a physical profile after being diagnosed as having bilateral bunions, painful foot, plantar fasciitis and heel spur. He was limited to physical training at his own pace, distance and tolerance. He was also limited to no running and he was directed to wear soft low tennis type shoes with his duty uniform.

5. The applicant retired from the USAR on 1 March 2002 and he was transferred to the USAR Control Group (Retired).

6. The available information also shows that on 10 October 2001, the applicant had right foot surgery and that he was under surgical care until 10 December 2001. However, the available records are void of any debts incurred by the applicant.

7. Army Regulation 600-4 serves as the authority for processing application for remission of indebtedness. It states, in pertinent part, that a debt to the government may be cancelled if it is determined that based on the information received, an injustice or hardship, or both exists.

DISCUSSION AND CONCLUSIONS :

1. 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 this requirement.

2. Although the applicant has provided documentation to show that he had right foot surgery on 10 October 2001, there is no evidence in the available records nor has the applicant submitted any evidence to support his contentions regarding a fraudulent DA Form 31. Further review of the available records fails to show his being in debt to the Government.

3. Inasmuch as the applicant has not provided the documentation necessary to show that an error or injustice exists in his case, it must be presumed that what the Army did in his case was proper.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

jl ___ __ aao _____ rjw _____ 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.





                  ____Joann Langston____
                  CHAIRPERSON




INDEX

CASE ID AR2003090834
SUFFIX
RECON
DATE BOARDED 20040122
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 293 128.1000.0000
2.
3.
4.
5.
6.


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