RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060015852


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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 reconsideration of his previous request for a
physical disability retirement.

2.  The applicant states, in effect, that the neurologist diagnosed him
with optic neuritis [Inflammation of the optic nerve] in 1985 and stated
that the condition developed while he was on active duty.  The applicant
further stated that optic neuritis is the first signs of multiple
sclerosis.

3.  The applicant also requests, in effect, correction of his DD Form 214
(Certificate of Release or Discharge from Active Duty) to show that he
served in the military occupational specialty 76Y (Unit Supply Specialist)
not 76C (Equipment Records and Parts Specialist) as currently shown.  He
also requests correction to show he was awarded the Army Service Ribbon,
four Army Achievement Medals, an Expert Rifleman Badge [currently known as
the Expert Marksmanship Qualification Badge with Rifle Bar], Expert Grenade
Badge [currently known as the Expert Marksmanship Qualification Badge with
Grenade Bar], an Expert Machine Gun Badge [currently known as the Expert
Marksmanship Qualification Badge with Machine Gun Bar], and the Good
Conduct Medal.  The applicant stated that he never served overseas although
his DD Form 214 credited him with 1 year, 5 months, and 22 days of overseas
service and shows award of the Overseas Service Ribbon that he did not
earn.

4.  The applicant provides a two-page self-authored letter, dated 12
November 2005; a DD Form 214; a United States Army Training Center
Certificate, Fort Jackson, South Carolina, dated 29 March 1984; a DA Form
3595 (Record Fire Scorecard), dated 16 July 1985; Headquarters, 24th
Infantry Division and Fort Stewart, Fort Stewart, Georgia Permanent Orders
Number 203-2, dated 31 October 1984; Headquarters, 4th Battalion, 64th
Armor, 24th Infantry Division Permanent Orders Number 11-13, dated 29 May
1986; Headquarters, 24th Infantry Division and Fort Stewart Permanent
Orders Number 62-3, dated 11 April 1986; Headquarters, 4th Battalion, 64th
Armor, 24th Infantry Division Permanent Orders Number 11-7, dated 16 May
1986; a letter from the Department of Veterans Affairs, dated 15 December
2005; a letter from Social Security Administration Retirement, Survivors
and Disability Insurance Notice of Award, dated 28 August 2005; 11-pages of
civilian medical documents; two Honorable Discharge Certificates; seven
pages of military medical documents; a transcript from the University of
South Florida; a letter from Service Battery 1st Battalion 116th Field
Artillery Larry C. Bolyard National Guard Armory, dated 2 August 1989; a
memorandum from the State of Florida, Department of Military Affairs,
Office of the Adjutant General, dated 25 September 1989; and a DA Form 1811
(Physical Data and Aptitude Test Scores Upon Release from Active Duty),
dated 26 May 1986, in support of his application.

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
AR2003098272, on 3 June 2004.

2.  The applicant provided 41-pages of statements and military records as
new evidence that was not previously considered by the Board.

3.  The applicant's service records were not available for review with this
case.  The applicant submitted documentation which includes a DD Form 214
and medical documentation.

4.  The applicant's DD Form 214 shows that he entered the Regular Army on
25 July 1983 and served in the primary military occupational specialty 76C
(Equipment Records and Parts Specialist) for 2 year and 8 months.

5.  Medical records show during the period 20 December 1985 through
28 January 1986, the applicant was diagnosed with and received treatment
for O.S. [left eye] Optic Neuritis.

6.  The applicant's DD Form 214 shows he was honorably separated under the
provisions of chapter 4 of Army Regulation 635-200 (Active Duty Enlisted
Administrative Separations) and DA Message 072257Z Feb 86 for expiration
term of service – Fiscal Year 1986 Early Release Program and transferred to
the United States Army Reserve.

7.  A letter, dated 30 June 1989, from a civilian physician at Westside
Medical Associates stated that the applicant was diagnosed with diabetes
mellitus (Type I), which required him to take insulin shots.  The physician
further stated that the applicant must remain physically active; however,
he should avoid physical activities, such as prolonged running or prolonged
outdoor calisthenics.

8.  A memorandum, dated 2 August 1989, from the Support Services Specialist
at Service Battery 1st Battalion (155, SP) 116th Field Artillery Larry C.
Bolyard National Guard Armory, Bradenton, Florida requested a determination
of medical eligibility.  The Support Services Specialist stated that the
applicant underwent a physical by a private doctor and was diagnosed with
diabetes and was taking 20 units of subcutaneous injections of insulin per
day.  The Support Services Specialist further stated that the applicant
wanted to continue as a member of the Florida Army National Guard (FLARNG).

9.  On 25 September 1989, the Director, Military Personnel of State of
Florida, Department of Military Affairs, Office of the Adjutant General,
State Arsenal, stated that the State's Surgeon's Medical Review determined
that the applicant was not medically qualified for retention in accordance
with paragraph 3-4 of Army Regulation 40-501 (Standards of Medical
Fitness).  The Director, Military Personnel stated that the applicant would
be discharged from the FLARNG effective 18 October 1989.

10.  The applicant submitted a copy of his Honorable Discharge Certificate.
 The certificate shows that he was honorably discharged from the FLARNG and
the Reserve of the Army on 18 October 1989.

11.  On 28 August 2005, the Social Security Administration Retirement,
Survivors and Disability Insurance informed the applicant that he was
awarded monthly disability benefits.

12.  On 15 December 2005, the Department of Veterans Affairs informed the
applicant that he would receive service connected compensation with a
rating of 100 percent because he is unable to work due to his service
connected disabilities.

13.  Title 38, United States Code, sections 1110 and 1131, permit the
Department of Veterans Affairs (VA) to award compensation for disabilities
which were incurred in or aggravated by active military service.  However,
an award of a higher VA rating does not establish error or injustice in the
Army rating.  An Army disability rating is intended to compensate an
individual for interruption of a military career after it has been
determined that the individual suffers from an impairment that disqualifies
him or her from further military service.  The VA, which has neither the
authority, nor the responsibility for determining physical fitness for
military service, awards disability ratings to veterans for conditions that
it determines were incurred during military service and subsequently affect
the individual's civilian employability.  Accordingly, it is not unusual
for the two agencies of the Government, operating under different policies,
to arrive at a different disability rating based on the same impairment.
Furthermore, unlike the Army, the VA can evaluate a veteran throughout his
or her lifetime, adjusting the percentage of disability based upon that
agency's examinations and findings.  The Army rates only conditions
determined to be physically unfitting at the time of discharge, thus
compensating the individual for loss of a career; while the VA may rate any
service connected impairment, including those that are detected after
discharge, in order to compensate the individual for loss of civilian
employability.  A common misconception is that veterans can receive both a
military retirement for physical unfitness and a VA disability pension.  By
law, a veteran can normally be compensated only once for a disability.  If
a veteran is receiving a VA disability pension and the ABCMR corrects the
records to show that a veteran was retired for physical unfitness, the
veteran would have to choose between the VA pension and military
retirement.

14.  The applicant submitted a United States Army Training Center
Certificate, dated 29 March 1984, which shows he completed the Unit Supply
Specialist Course 552-76Y10.  However, there is no documentation that shows
he served in the military occupational specialty 76Y.

15.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
warded or Authorized) of the applicant's DD Form 214 shows that he was
awarded the Army Service Ribbon, the Overseas Service Ribbon, the Army
Achievement Medal, the Sharpshooter Badge (Rifle) [currently known as the
Sharpshooter Marksmanship Badge with Rifle Bar], the Second Class Badge
(Grenade) [currently known as the Marksman Marksmanship Qualification Badge
with Grenade Bar], and the Good Conduct Medal (First Award).

16.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of basic marksmanship qualification badges.
The qualification badge is awarded to indicate the degree in which an
individual has qualified in a prescribed record course, and an appropriate
bar is furnished to denote each weapon with which the individual has
qualified.  The qualification badges are in three classes:  Expert,
Sharpshooter, and Marksman.

17.  The applicant submitted a copy of Headquarters, 24th Infantry Division
and Fort Stewart Permanent Orders Number 203-2, dated 31 October 1984.
These orders awarded him the Army Achievement Award for meritorious
achievement during the period 1 August 1984 through 21 September 1984.

18.  The applicant submitted Headquarters, 4th Battalion, 64th Armor, 24th
Infantry Division Permanent Orders Number 11-7, dated 16 May 1986.  These
orders awarded him the Army Achievement Medal (First Award) for meritorious
service during the period 1 June 1984 through 1 April 1986.



19.  The applicant submitted Headquarters, 4th Battalion, 64th Armor, 24th
Infantry Division Permanent Orders Number 11-13, dated 29 May 1986.  These
orders awarded him the Army Achievement Medal for meritorious service
during the period 1 June 1984 through 30 April 1986.

20.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Army Achievement Medal is awarded to any member of the armed
forces of the United States, who while serving in a non-combat area on or
after 1 August 1981, distinguished themselves by meritorious service or
achievement.

21.   Paragraph 1-18 of Army Regulation 600-8-22 states that only one
decoration will be awarded to an individual for the same act, achievement,
or period of meritorious service.  Additionally, continuation of the same
or similar type service already recognized by an award for meritorious
service or achievement will not be the basis for a second award.  If
appropriate, an award may be made to include the extended period of service
by extended period of service by superseding the earlier award, or the
award previously made may be amended to incorporate the extended period of
service.

22.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Army Achievement Medal.

23.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
regulation in effect at the time directs, in pertinent part, that the
purpose of the separation document is to provide the individual with
documentary evidence of their military service.  It is important that
information entered on the form should be complete and accurate.

24.  Item 12 f (Foreign Service) of the applicant's DD Form 214 shows the
entry 1 year, 5 months, and [entry is unreadable].  The DD Form 214 also
shows that he was awarded the Overseas Service Ribbon.

25.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  The regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award for successful completion of overseas
tours.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests a physical disability retirement.

2.  The applicant's reconsideration request and the supporting documents
submitted were carefully considered.  However, the new evidence and
argument provided by the applicant is not sufficiently mitigating to
support amendment of the original Board decision in his case.

3.  As the applicant was informed in the original Board decisional
document, 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 any new evidence or argument that would
satisfy this requirement.  As a result, there is an insufficient
evidentiary basis to support amending the original Board decision.

4.  The applicant requests correction of his DD Form 214 to show that his
primary military occupational specialty was 76Y (Unit Supply Specialist).

5.  Contrary to the applicant's contention regarding his primary specialty,
evidence shows he served in the primary military occupational specialty 76C
(Equipment Records and Parts Specialist).  The applicant did not provide
supporting evidence which shows while on active duty, he was awarded and
served in MOS 76Y (Unit Supply Specialist).  Therefore, there is
insufficient evidence to grant relief.

6.  The applicant requests correction of his DD Form 214 to show the
following awards, the Army Service Ribbon, the Expert Marksmanship
Qualification Badge with Rifle Bar, and the Expert Marksmanship
Qualification Badge with Grenade Bar, the Expert Marksmanship Qualification
Badge with Machine Gun Bar, and the Good Conduct Medal.

7.  The applicant's DD Form 214 shows that he was awarded the Army Service
Ribbon and the Good Conduct Medal; therefore, no correction is needed
regarding these awards.

8.  There is no evidence and the applicant did not submit evidence that
shows he qualified for award of the Expert Marksmanship Qualification Badge
with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade
Bar, or the Expert Marksmanship Qualification Badge with Machine Gun Bar.
Therefore, the applicant is not entitled to correction of his records to
show these badges.

9.  The applicant requests correction of his DD Form 214 to show he was
awarded four Army Achievement Medals.

10.  The applicant submitted three individual orders that each awarded him
the Army Achievement Medal.  There is no evidence and the applicant did not
submit any evidence to show a fourth award of the Army Achievement Medal.

11.  A review of two of the orders submitted for award of the Army
Achievement Medal shows the same organization and covered the same period
of meritorious service.  In accordance with regulation, only one decoration
will be awarded for the same period of meritorious service and that the
similar type of service already recognized by an award for meritorious
service or achievement will not be the basis for a second award.
Therefore, it is presumed that one of the orders is a duplicate for the
same award.

12.  Based on the facts above, the applicant is entitled to a second award
of the Army Achievement Medal and correction of his records to show this
award as the Army Achievement Medal with Oak Leaf Cluster.

13.  The applicant contends that he did not serve overseas (Foreign
Service) during his period of service and states that he is not entitled to
award of the Overseas Service Ribbon.

14.  Contrary to the applicant's contention, his DD Form 214 shows that he
served overseas for almost 1 year and 6 months.  There is no evidence and
the applicant did submit any evidence that would negate the entry annotated
on his separation document; therefore, there is no basis to grant relief to
void the entries of Foreign Service and the award of the Overseas Service
Ribbon.

15.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 May 1986; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 25 May 1989.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_LDS____   _PHM__  _DWS___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice regarding a medical discharge.  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 AR2003098272,
dated 3 June 2004.

2.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by awarding the Army
Achievement Medal with First Oak Leaf Cluster.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Expert Marksmanship Qualification Badge with Rifle Bar, the
Expert Marksmanship Qualification Badge with Grenade Bar, the Expert
Marksmanship Qualification Badge with Machine Gun Bar, military
occupational specialty 76Y (Unit Supply Specialist), and four awards of the
Army Achievement Medal.




                                   ___Linda D. Simmons___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060015852                           |
|SUFFIX                  |                                        |
|RECON                   |2004/06/03                              |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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