IN THE CASE OF:	

		BOARD DATE:	  22 January 2009

		DOCKET NUMBER:  AR20080016055 


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 reconsideration of his previous request to change his honorable discharge to a medical discharge.  

2.  The applicant states, in effect, he disagrees with the Army's policy and procedures for the initiation, maintenance, and disposition of military personnel discipline files.  He states he was not given follow up care for his injured left wrist strain.  He states there would have been no problem with his attitude if he had not been medically neglected and exposed to racial slurs.  He states he had no personal or family problems at the time of his discharge.

3.  The applicant provides two statements with multiple signatures in support of his request for reconsideration.

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 AR20080004943, on 3 July 2008.

2.  In the original findings, the ABCMR determined there was insufficient evidence to change the applicant's honorable discharge to a medical discharge.

3.  The two statements submitted by the applicant are new evidence which require that his case be reconsidered by the ABCMR.
4.  The applicant submitted a statement, dated 21 July 2008, with 20 signatures, wherein the signatories contend they know the applicant personally, and they know the applicant did not have any personal and/or family problems during his service in the U.S Army in 1974.

5.  The applicant submitted a second statement, dated 21 July 2008, with 
16 signatures wherein the signatories contend they know for a fact the applicant sustained injuries during his service in the U.S. Army in 1974 and that he was deprived of continued medical care for his injuries which became a racial ordeal which resulted in his desire to leave the Army.  The signatories also contend that the applicant is still frequently tormented by this.

6.  On 29 August 1974, the applicant acknowledged notification of the proposed honorable discharge action.  He indicated that he did not desire to have a separation medical examination if the discharge action was approved.

7.  On a DA Form 3082-R (Statement of Medical Condition), dated 23 September 1974, the applicant indicated that his medical condition had changed but he did not indicate how it had changed.

8.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides that the medical treatment facility commander with the primary care responsibility will evaluate those referred to him and will, if it appears as though the member is not medically qualified to perform duty or fails to meet retention criteria, refer the member to a medical evaluation board (MEBD).  Those members who do not meet medical retention standards will be referred to a physical evaluation board (PEB) for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition.

DISCUSSION AND CONCLUSIONS:

1.  The statement submitted by the applicant wherein the signatories contend the applicant had no personal and/or family problems was considered.  However, whether or not the applicant had personal and or family problems had no bearing on whether the applicant received an honorable discharge or a medical discharge.



2.  The statement submitted by the applicant wherein the signatories contend the applicant sustained injuries while in the service and he was deprived of follow up care was considered.  However, there is no indication or evidence that any of the signatories were present at the time of his injury or during the period he maintains he was not receiving follow up care.  Therefore, it is concluded this statement was made based on a history provided by the applicant to those signatories.

3.  A medical examination given at time of separation determines whether or not an individual is physically qualified for separation.  The applicant indicated that he did not desire a separation medical examination.  Therefore, there is no evidence the applicant suffered from a medical condition that may have warranted consideration by a MEBD at the time.

4.  There is no evidence of record and the applicant has not submitted any evidence that he had a medical condition which would have warranted him being considered by a MEBD.  Without an MEBD, there would have been no basis for referring him to a PEB.  Without a PEB, the applicant could not have been issued a medical discharge or retired for physical unfitness.

5.  The applicant's expressions of disagreement with the Army policies and procedures for the initiation, maintenance, and disposition of military personnel discipline files does not constitute new argument in his case.  The applicant provided no evidence or official documentation of his contention that he was discharged because of prejudice/racial malice.

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 that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ___X___  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 AR20080004943, dated 3 July 2008.




      _______ _ X  _______   ___
               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)                                         AR20080016055



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ABCMR Record of Proceedings (cont)                                         AR20080016055



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