RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 June 2007
DOCKET NUMBER: AR20060015644
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Jerome L. Pionk
Member
Ms. Jeanette B. McPherson
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 correction of his military records to show that he was retired due to a medical disability. He also requests to personally appear before the Board.
2. The applicant states that he wants a medical retirement because he served in the United States Army for more than 15 years. He also says that he has numerous service connected disabilities which hinder him from successfully maintaining employment.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214), discharge orders, pre-separation counseling checklist, and Enlisted Record Brief.
CONSIDERATION OF EVIDENCE:
1. On 28 January 1991, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 57E1O (Laundry and Bath Specialist). He served through a series of enlistments and attained the rank of staff sergeant, pay grade E6.
2. On 18 September 2006, the applicant was honorably discharged from the United States Army under the provisions of Army Regulation 635-40, paragraph 4-24b(3) due to disability. He had completed 15 years, 7 months, and 21 days of creditable active duty. He was granted severance pay in the amount of $70,768.80.
3. In the processing of this case, an advisory opinion was obtained from the Deputy Commander, United States Army Physical Disability Agency. He stated that on 16 May 2006, a Medical Evaluation Board (MEB) determined that the applicant suffered from chronic low back pain, right foot pain, and irritable bowel syndrome (IBS). The IBS was found to meet medical retention standards.
On 24 May 2006, the applicant concurred with the MEB, affirmed that the MEB contained all diagnoses and conditions, and that the MEB was complete and accurate. On 31 May 2006, a Physical Evaluation Board (PEB) found the applicant unfit for duty due to back pain (ten percent), and for chronic right foot pain (ten percent). The applicant was to be separated from service with severance pay based on a twenty percent disability. The PEB found that the IBS was not independently unfitting and thus not ratable. On 2 June 2006, the applicant non-concurred and requested a formal hearing. On 15 June 2006, a formal PEB affirmed the informal PEBs findings. After consulting with his attorney, the applicant concurred with the formal PEBs findings. He did not submit an appeal. On 20 June 2006, the PEB findings were approved for the Secretary of the Army. The Deputy Commander opined that there were no errors or injustices and recommended that the applicants records remain unchanged.
4. On 7 May 2007, a copy of the advisory opinion was forwarded to the applicant for his information and opportunity to rebut. As of 21 June 2007, he has not replied.
5. Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.
DISCUSSION AND CONCLUSIONS:
1. The applicant requested a personal appearance before the Board; however, since there is sufficient evidence on the record to fully consider this case, a formal hearing is not warranted.
2. The available evidence clearly shows that the applicant was medically disabled and evaluated by a PEB. He received a twenty percent disability rating which was reviewed and approved by higher headquarters. The applicant concurred with this decision and did not submit an appeal.
3. Based on his twenty percent disability, he was discharged with severance pay. His level of disability did not qualify him to receive a disability retirement.
4. The applicant did not submit any evidence to show that the disability rating was in error.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
6. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JEA___ __JLP __ __JBM _ 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.
_____ James E. Anderholm___
CHAIRPERSON
INDEX
CASE ID
AR20060015644
SUFFIX
RECON
DATE BOARDED
20070626
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
108.0000
2.
3.
4.
5.
6.
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