RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 March 2008
DOCKET NUMBER: AR20070017150
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. Frank C. Jones, II
Chairperson
Ms. Carmen Duncan
Member
Mr. Scott W. Faught
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 the Board's denial of his request to change his discharge to physical disability retirement.
2. The applicant states, in effect, his new evidence will show that his discharge should have been physical disability retirement.
3. The applicant provides a copy of his Health Record, Chronological Record of Medical Care for the period 15-23 June 1977.
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 AR20070007344, on 27 September 2007.
2. In the original decision the ABCMR found that the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), Chapter 5, for the Expeditious Discharge Program with a general discharge. The applicant's separation physical examination indicated that he was qualified for separation or retention.
3. The applicant provided new evidence which requires that his case be reconsidered by the ABCMR.
4. The copy of the health record, chronological record of medical care that the applicant submitted supports his statement, in effect, that while on base, he suffered a soft tissue injury to his right leg when he was struck by a vehicle. However, the health record also shows that the applicant received treatment, his condition had improved, he was given crutches, and he was returned to duty.
5. The applicant's signed DA Form 3082 (Statement of Medical Condition) dated 21 June 1979, the date of his discharge, shows that since his last separation examination there have been no change in his medical condition.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests reconsideration of the Board's denial to change his discharge to physical disability retirement.
2. The new evidence the applicant submitted does not show that the applicant was unable to perform his duties due to physical unfitness. The evidence shows that the applicant's condition had improved after his accident, that he was given crutches, and that he was returned to duty.
3. 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 this requirement. Therefore, he is not entitled to correction of his records to show physical disability retirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_ _FCJ__ __CD ___ __SWF _ 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 AR20070007344, dated 27 September 2007.
___Frank C. Jones ___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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