IN THE CASE OF:	  

	BOARD DATE:	  22 JULY 2008

	DOCKET NUMBER:  AR20080004571 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests through his Member of Congress (MOC), in effect, reconsideration of his earlier request to the Army Board for Correction of Military Records (ABCMR) to show that he was medically retired. 

2.  The applicant also requests, that his DD Form 214 be corrected to show that he served in Iraq.  This is a new issue.  The Applicant's MOC has requested that the appropriate inquiries be initiated in her constituent's behalf and that a full response be prepared for her to report to the constituent.

3.  The applicant states that he was denied benefits by Department of Veterans Affairs because there was nothing on his DD Form 214 (Certificate of Release or Discharge from Active Duty) indicating that he served in Iraq.  He also states that he was discriminated against which is an issue that was previously addressed.

4.  The applicant provides a copy of his previous board proceedings in support of his request through his MOC.  In his letter to his MOC, the applicant provides a list of documents.  These documents were not received with the MOC's correspondence and therefore are not available for the Board's review.







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 AR20060011199 on 15 March 2007.

2.  The Board concluded that the medical evidence of record supported the determination that the applicant’s unfitting conditions were properly diagnosed and that his disability was appropriately rated.  His separation with severance pay was in compliance with law and regulation.  His contentions, which were submitted to the Board over nearly 15 years after his discharge, did not demonstrate error or injustice in the disability rating assigned by the Army, nor error or injustice in the disposition of his case by his separation from the service.

3.  The applicant in his letter to his MOC stated that he had been discharged with a 20 percent disability rating and was denied a medical retirement.  In the original Record of Proceedings it was noted that the informal PEB initially recommended that he be awarded a 10 percent disability rating for his unfitting condition; however, after reviewing the medical addendum provided by his physician, the formal PEB increased his rating to a 20 percent disability rating.

4.  The applicant, in his letter to his MOC, indicated he was discriminated against because he was allegedly sent "to the line" whereas a fellow-Soldier, believed to have been white, was reassigned to G-3.  He and the other Soldier both had physical profiles.

5.  The above contention of discrimination was addressed in the initial consideration of the applicant's case.  The applicant has provided no evidence to support his contention of discrimination.  Therefore, further consideration cannot be given to this issue and it will not be discussed further in this Record of Proceedings.

6.  The applicant's records contain a copy of a printout from the Results of Desert Shield/Storm Database Inquiry.  It revealed that he served in Southwest Asia (SWA) from 22 February 1991 to 7 April 1991, which consisted of 45 days, in support of Operation Desert Shield/Desert Storm. 





7.  Army Regulation 15-185 provides the policy, criteria, and administrative instructions regarding an applicant's request for the correction of a military record.  The ABCMR considers individual applications that are properly brought before it.  In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.  The ABCMR will decide cases on the evidence of record.  It is not an investigative body.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's new argument was considered by the Board.  

2.  The Board is not an investigative agency and the burden of proof rests with the applicant to prove that he served in Iraq.  He has provided no evidence, and there is none, to show conclusively that he was actually "boots on the ground" in Iraq.

3.  A review of the evidence provided confirmed that the applicant served in Southwest Asia in support of Operation Desert Shield/Desert Storm from
22 February 1991 to 7 April 1991.  The evidence in this case is sufficient to correct item 18, of his DD Form 214, to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19910222 to 19910407."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 related to medical retirement.  Therefore, the Board determined the overall merits of this matter are insufficient as a basis to amend the decision of 
the ABCMR related to this matter set forth in Docket Number AR20060011199, dated 15 March 2007.  

2.  The Board determined that the new argument concerning foreign service was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the entry, "SERVICE IN SOUTHWEST ASIA FROM 910222 – 910407," in item 18 (Remarks), of the applicant's DD Form 214.

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 correction of the applicant's records to show he physically served within the geographical boundaries of Iraq.




      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080004571



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ABCMR Record of Proceedings (cont)                                         AR20080004571



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