RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 January 2005
DOCKET NUMBER: AR20040001187
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 |
| |Mr. David S. Griffin | |Analyst |
The following members, a quorum, were present:
| |Mr. Raymond J. Wagner | |Chairperson |
| |Ms. Eloise C. Prendergast | |Member |
| |Ms. Brenda K. Koch | |Member |
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, reconsideration of his request for
disability retirement.
2. The applicant stated that:
a. "when I served, it was hard to prove that my body was in serious
pain due to fatigue, stress and such" and that he still suffers from
stress;
b. he is having serious problems with the small vertebrae in his
spine; and
c. he applied for disability at the end of his career but never
received a response.
3. The applicant provides a copy of an unsigned, undated Injury/Illness
Inquiry and Columbus Orthopaedic Clinic, P.A. Patient Information and
Medical History forms, dated 25 March 2004.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records, which were
summarized, in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003083423, on 25 March 2004.
2. In the original findings, the ABCMR found that the applicant
successfully completed his military service without any indication of any
medical problems and that he did not have any medically unfitting
disability, which required physical disability processing.
3. The applicant has provided an Injury/Illness Inquiry and Columbus
Orthopaedic Clinic, P.A. Patient Information and Medical History forms,
dated
25 March 2004. These letters are new evidence, which will be considered by
the ABCMR.
4. The Injury/Illness Inquiry provided by the applicant described injuries
that consisted of a "fractured left great toe and back pain/at home." The
inquiry showed that the injury occurred 1 September 1978 in the Federal
Republic of West Germany. The remaining portions of the inquiry showed
that the party at fault was a junior high school located in Macon, Georgia;
the applicant's liability insurance carrier was located in Alpharetta,
Georgia; and the applicant's attorney was a state veteran's affairs officer
in Jackson, Mississippi.
5. There is no evidence of record and the applicant did not provide any
evidence to show that he was treated in service for pain due to fatigue,
stress, or problems with his spine.
6. There is no evidence of record and the applicant did not provide any
evidence to show that he had requested disability processing prior to his
discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should receive a medical retirement.
2. The inconsistencies contained on the Injury/Illness Inquiry and the
fact that it is unsigned and undated preclude it from being considered a
reliable source of evidence.
3. The Patient Information and Medical History forms from Columbus
Orthopaedic Clinic, P.A. showed conditions as they appeared in March 2004.
4. There is no evidence to show the applicant was treated in service for
pain due to fatigue, stress, or problems with his spine.
5. There is no evidence to show that the applicant had requested
disability processing prior to his discharge.
6. In order to justify correction of a military record the applicant must,
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 FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___ecp__ ___bkk __ ___rjs___ 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 to amend the decision of
the ABCMR set forth in Docket Number AR2003083423, dated 25 March 2004.
_____Raymond J. Wagner____
CHAIRPERSON
INDEX
|CASE ID |AR20040001187 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050127 |
|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. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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