RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 MAY 2008
	DOCKET NUMBER:  AR20080002288 


	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.




Director



Analyst


      The following members, a quorum, were present:




Chairperson



Member



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 to change his honorable discharge to a medical discharge.

2.  The applicant states he would like to have his honorable discharge changed to a medical discharge, because he was injured with a compression fracture of the L4 vertebra and numbness in his left leg.  He was injured on active duty in Iraq and he can no longer perform his duties as a Soldier (e.g., P.T. Test, bending, lifting, and carrying).  He served 20 years but only has 17 good years towards retirement.  He is trying to get his retirement.  He states that he did not have all of the correct forms and he finally received his line of duty investigation on 1 January 2008.

3.  He further states, in effect, referring to his previous Board proceedings, that the statement he was fit for taking the Army Physical Fitness Test (APFT) is wrong.  He states he was not able to perform the APFT after his injury.  Also, the statement that he received an honorable discharge because his enlistment was up is untrue.  He states that he tried to reenlist but he was rejected due to his disability.

4.  The applicant provides a copy of a memorandum from Headquarters, California Army National Guard, with Subject:  Approved Line of Duty Investigation dated 21 December 2007, memorandum from Western Regional Medical Center and Madigan Army Medical Center, Tacoma, Washington dated 18 December 2007, and a DA Form 2173 (Statement of Medical Examination and Duty Status) dated 24 May 2004.

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 AR20070009529, on 27 November 2007.

2.  In the original decision the ABCMR found that the applicant's personnel records did not contain any evidence to show he was ever medically unfit to perform his duties.  The evidence of record shows he subsequently successfully served in the Army National Guard for almost 3 years and was honorably discharged at the expiration of his term of service in May 2007.

3.  The applicant provided new evidence which requires that his case be reconsidered by the ABCMR.

4.  The memoranda from Headquarters, California Army National Guard and Western Regional Medical Center and Madigan Army Medical Center that the 
applicant submitted shows his line of duty determination for numbness of his left leg and back pain was approved.  Also, it shows that in the event the applicant needed any follow-up medical treatment, it must be provided by a military treatment facility.  The DA Form 2173, Statement of Medical Examination and Duty Status that he submitted shows he fell off the back of a truck on 22 April 2004 in Iraq.

5.  The evidence of record shows that the statement made in Item 4 of the ABCMR proceedings dated 27 November 2007, made reference to a Noncommissioned Officer Evaluation Report (NCOER) for the period 1 February 2006 through 30 September 2006, which states "he was technically and tactically proficient, was always ready to take on any task given to him, and passed the Army Physical Fitness Test."  This NCOER does not belong to the applicant.

6.  The NCOER that the applicant received for the rating period from 1 December 2005 through 30 November 2006 shows the applicant was unable to take his APFT due to medical reasons.  It also shows that he "eagerly accomplished all assigned tasks and he was proficient in all technical areas."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reconsideration to change his honorable discharge to a medical discharge.

2.  The new evidence the applicant submitted does not show that the applicant was unable to perform his military duties due to physical unfitness.  The evidence shows that the applicant's line of duty determination was approved for the numbness of his left leg and back due to the injury which occurred on 22 April 2004.  Also, it states in the event the applicant needed any follow-up treatment, the treatment must be provided by a military treatment facility.

3.  Although the ABCMR proceedings contained an administrative error, there is no evidence that shows that the applicant was medically unfit to perform his military duties.



4.  There is no evidence to show that the applicant's medical condition warranted him being considered by a medical evaluation board (MEBD).  Without an MEBD, there would have been no basis for referring him to a physical evaluation board (PEB).  Without a PEB, the applicant could not have been issued a medical discharge or retired for physical unfitness.

5.  The applicant's statement that he was injured on active duty in Iraq and he can no longer perform his duties as a Soldier, he served 20 years but only has  
17 good years towards retirement, and he is trying to get his retirement was considered.  However, the evidence of record shows the applicant opted not to continue his enlistment in the Army National Guard; not that he was denied continued service.

6.  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, there is no basis for granting a medical discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 AR20070009529, dated 27 November 2007.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________X____________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080002288



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508