RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 June 2007
DOCKET NUMBER: AR20070000079
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
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. William F. Crain
Member
Mr. Dean A. Camarella
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, that he be recommended for promotion to sergeant first class (SFC/E-7).
2. The applicant states, in effect, that he was medically evacuated from Iraq and his promotion packet was lost in Iraq.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), separation orders, and a copy of his PEB (physical evaluation board), in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Regular Army on 2 November 1982 and was trained in military occupational specialty (MOS), 31K, as a Combat Signaler. He was advanced to pay grade E-4 effective 1 April 1985. He served until he was honorably released from active duty on 1 April 1986, in pay grade E-4. He was transferred to a troop program unit (TPU).
2. He enlisted in the Nevada Army National Guard (NVARNG) on 23 March 1989, in pay grade E-4. He was awarded the primary MOS (PMOS) of 88M, motor transport operator, on an unknown date. He was promoted to staff sergeant (SSG/E-6) effective 24 November 1991. He served until he was honorably discharged on 15 September 1994. He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).
3. On 9 June 2001, he enlisted in the USAR, in the rank of E-6, for 6 years, with an established expiration of term of service (ETS) of 8 June 2007. He was assigned to a troop program unit (TPU), 257th Transportation Company (TC), Las Vegas, Nevada.
4. On 30 March 2002, the applicant was ordered to annual training (AT). He drove from Las Vegas, Nevada, to Camp Pendleton, California, in a M1070 HET (heavy equipment transporter) and complained of discomfort. He thought he had a stomach flu and was taken to Camp Pendleton Hospital on 1 April 2002. He was admitted on 2 April 2002 for ulcerative colitis. He was previously mis-diagnosed with diverticulitis by his civilian doctor in Las Vegas and had no knowledge of his new condition. He was operated on 16 April 2002 and a portion of his colon was removed.
5. On 22 April 2002, a Line of Duty (LOD) determination was conducted. The investigating officer determined his illness to be in LOD due to his having no previous knowledge of the illness. The LOD was reviewed for completeness. Its initial determination was disapproved and it was determined to be not in line of duty, not due to own misconduct.
6. On 2 September 2003, the applicant was ordered to active duty for 365 days, for the purpose of deployment in support of Operation Iraqi Freedom.
7. On 4 February 2004, the applicant was attached to the Medical Holding Company, Brooke Army Medical Center, Fort Sam Houston, Texas, for the purpose of his receiving medical treatment.
8. The applicant appeared before an MEB on 14 June 2004, at Fort Sam Houston, in the rank of SSG. The MEB diagnosed the applicant as having chronic pouchitis with fecal incontenence, history of deep venous thrombosis, hearing loss, hypertension, gout, total colectomy for ulcerative colitis, headache, and Gastroesophageal Reflux Disease (GRD). Upon evaluation, he stated he did not desire to remain on active duty. The findings and recommendations of the board were approved on 16 June 2004. The applicant agreed with the MEB's findings and recommendation. He was referred to a PEB for further adjudication.
9. On 2 August 2004, the applicant appeared before a PEB. He was diagnosed as having chronic pouchitis with fecal incontinence, occurring continually, requiring change of pad due to soiling twice daily. The PEB concluded that the applicants medical condition prevented reasonable performance of duties required by grade and specialty. The PEB found the applicant unfit and recommended a combined rating of 60 percent and that he be placed on the temporary disability retirement list (TDRL) with reexamination in February 2006. The PEB indicated that his retirement was not based on a disability from injury or disease received in the LOD as a direct result of armed conflict or caused by an instrumentality of war and incurring in the LOD during a period of war as defined by law. The PEB also indicated that the applicant's disability did not result from a combat related injury. The applicant concurred with the PEB recommendations and waived a formal hearing of his case. The board adjourned the same day.
10. The applicant was separated by reason of physical disability on 14 January 2005. He was placed on the TDRL effective 15 January 2005, in the rank of SSG. There is no indication in the applicant's service or medical separation processing records that he prompted a promotion issue to the attention of pertinent officials.
11. There is no evidence in his military personnel records to show he was considered or selected for promotion to SFC/E-7 or that he attained promotion list status.
12. An inquiry was made of the U.S. Army Human Resources Command (AHRC)-St. Louis, Enlisted Promotions Branch, for verification of selection for promotion to sergeant first class (SFC/E-7). AHRC inform this agency that it was up to the applicant's major command to consider and recommend him for promotion to sergeant first class. AHRC was unable to verify, by their records, if he was considered or recommended for promotion to SFC by his command.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant was serving in the rank and pay grade of SSG/E-6 when he appeared before an MEB and PEB. The PEB concluded that the applicant's medical condition prevented reasonable performance of his duties required by grade and specialty. His medical condition also made him fully unqualified for promotion to the next higher grade in his MOS and he was no longer in a promotable status. The PEB found him unfit and recommend a combined rating of 60 percent. He was placed on the TDRL, in the rank of SSG, with reexamination in February 2006.
2. The applicant contends that he should be considered for promotion to SFC, that he was medically evacuated from Iraq, and that his promotion packet was lost in Iraq. There is no evidence, and the applicant has provided none, to show that his records were lost in Iraq or that a recommendation for his promotion was prepared and submitted for his consideration for promotion to the next higher rank, SFC, at the time he was medically evacuated.
3. Information provided by AHRC revealed that they were unable to verify if the applicant was considered or selected for promotion to SFC/E-7 and that it was up to his major commander to recommend/consider him for promotion to the next higher grade.
4. In the absence of a recommendation for his promotion to pay grade E-7, the applicant is not entitled to the relief he now seeks.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___J____ __DAC___ __WFC__ 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.
_____John T. Meixell______
CHAIRPERSON
INDEX
CASE ID
AR20070000079
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070628
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20050114
DISCHARGE AUTHORITY
AR20070000079
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
131/107
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6.
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