RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 October 2007
DOCKET NUMBER: AR20070009539
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. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry Jr.
Chairperson
Mr. William Blakely
Member
Mr. Michael J. Flynn
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 to change his reentry rank to staff sergeant (SSG).
2. The applicant states, in effect, that he left New York State Police for induction into the Military. He states, in effect, that while he was training in Judo, he was sitting on the floor when another trainee much heavier than he jumped down on his shoulders, pushing his face and chest to the floor between his legs and, as a result, he received a very serious back injury (a herniated L5 disc).
3. He states, in effect, that if he had to do Regular Army duty he would not have been able to do it. He states while he was assigned to Germany he was assigned to an Intelligence unit, where he wore civilian clothes and did nothing strenuous. After leaving the Military he returned to the New York State Police Department but he could not perform his duties due to constant back ache. He resigned from the New York State Police Department on 14 July 1956.
4. He states between 1 March 1955 and 1 June 1956, he took the written examination for the Washington, D.C. Police Department and passed it. However, he was unable to pass the physical examination. He later applied for service-connected injury, but the application was denied because he would not have been able to complete 2 years of military service performing field duties. He states his problems subsequent to separation from the U.S. Army far overshadowed his concern relative to rank.
5. The applicant provides a written statement dated 27 June 2007.
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 AR20060014032, on 14 June 2007.
2. In the original decision the ABCMR found that there was insufficient evidence to support the applicant's claim. The Army's reenlistment regulation in effect at the time states, in pertinent part, that Reserve Component (RC) personnel who
did not enter the active Army within 20 days of their release from active duty would enter the active Army in the pay grade E-2. The applicant entered active duty on 10 February 1953, and there is no evidence to show he was released from active duty 20 days or less from that date. Therefore, he appropriately entered active duty in the pay grade as E-2.
3. While the applicant has not provided any new evidence, he does provide new argument which requires that his case be reconsidered by the ABCMR. In his new argument, he focused on his inability to perform his duties due to an injury he appears to have sustained while training in Judo. He mentioned, in effect, that due to his back aches he was unable to pursue his career and "his problems subsequent to his separation from the U.S. Army overshadowed his concern relative to rank."
DISCUSSION AND CONCLUSIONS:
1. The new argument that the applicant submitted is insufficient in that the applicant has not provided any adequate reason to amend the original decision by the ABCMR. His statement appears to focus more to his back injury which occurred during Judo training rather than his reentry rank as SSG.
2. The applicant's statement concerning his medical condition as he describes above is noted. However, there is insufficient evidence to support granting a relief to change his reentry rank to SSG.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___hof___ ___wb __ ___mjf___ 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 AR20060014032, dated 14 June 2007.
________Hubert O. Fry Jr._________
CHAIRPERSON
INDEX
CASE ID
AR20070009539
SUFFIX
RECON
AR20060014032
DATE BOARDED
20071023
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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