IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110019862
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 earlier request for an upgrade of his bad conduct discharge (BCD).
2. The applicant states he has obtained supplementary information regarding his medical condition. He contends that these additional records will indicate that he was diagnosed with a brain tumor and underwent an operation to remove it.
3. The applicant provides copies of a 4-page Operation/Procedure Note from the University of Missouri Health Care, dated 2 September 2009.
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 AR20100011160, on 5 October 2010.
2. The Operation/Procedure Note provided by the applicant is new evidence that should be considered by the Board.
3. The original Record of Proceedings states:
a. that the applicant had requested an upgrade of his BCD because he had a brain tumor while in served in the Army;
b. that the available evidence shows he had committed a serious crime that resulted in a court-martial whereat he was found guilty and sentenced to a BCD;
c. that there was no evidence showing he had been diagnosed with having a brain tumor, or that any such medical condition was the proximate cause of his criminal actions;
d. that he was discharged in 1994 with a BCD characterization of service as the result of a general court-martial;
e. that this Board is prohibited from redressing the finality of a court-martial and is only empowered to change a discharge if clemency is determined to be appropriate; and
f. that given the seriousness of his actions, the quality of his service did not merit such clemency.
4. The Operation/Procedure Note dated 2 September 2009 as provided by the applicant states:
a. that he was a 36 year old gentleman who had progressive visual loss in his right eye;
b. that he had headaches.
c. that an imaging of his brain revealed a large mass (tumor);
d. that he was admitted for treatment on 1 September 2009 and underwent surgery the following day;
e. that the tumor was removed in its entirety; and
f. that the applicant had tolerated the procedure without any complications.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his discharge should be upgraded because he had a tumor while serving in the Army.
2. The new evidence provided by the applicant clearly shows that he had a tumor in 2009 and that it was removed by surgery. However, the 4-page document does not mention anything about how long he had been living with this tumor, or whether it may have been a contributing cause for his criminal behavior while on active duty.
3. In view of the above, the applicant's request should be denied.
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 AR20100011160, on 5 October 2010.
_______ _ 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) AR20110019862
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ABCMR Record of Proceedings (cont) AR20110019862
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