IN THE CASE OF:
BOARD DATE: 8 March 2011
DOCKET NUMBER: AR20110004031
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)
CONSIDERATION OF ADDITIONAL EVIDENCE:
7. On 1 March 2011, new information was received from the applicant regarding the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100020533, dated 28 September 2010.
8. The evidence submitted consists of clarification on his authorization to use his Department of Veterans Affairs (VA) records for consideration with his original application.
9. The evidence consists of his confirmation that he authorized the use of his VA records in determining his original application; however, counsel erroneously submitted an application that indicated he did not consent to the use of his VA records.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
6. At the time of the decision of the ABCMR in Docket Number AR20100020533, dated 28 September 2010, it was the intent of the ABCMR to make the applicantÂ’s record as administratively correct as it should properly have been at the time.
7. The ABCMR's decision in Docket Number AR2010020533 incorrectly indicated the applicant did not elect to authorize release his VA records for consideration with his application.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
4. The Board determined that the evidence presented was sufficient to
warrant amendment of the decision of the Army Board for Correction of
Military Records set forth in Docket Number AR20100020533, dated
28 September 2010, by replacing paragraph 4 (THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE) and paragraph 1b (BOARD RECOMMENDATION) with the following paragraphs, respectively:
The applicant elects to authorize release of his VA records for consideration with this application; and
The PDA reevaluating the applicant's medical conditions based on all available applicable evidence, to include the applicant's VA records, without regard to any DOD or Army regulations or guidelines that were inconsistent with the VASRD in effect at the time of the original adjudication to determine the appropriate final disability rating.
_______ _ 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 Supplemental Record of Proceedings (cont) AR20110004031
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
1
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