IN THE CASE OF:
BOARD DATE: 18 June 2015
DOCKET NUMBER: AR20150001324
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 correction of his records to allow him to reenter the military.
2. The applicant states he was misdiagnosed as having post traumatic migraine headaches and separated from active duty due to physical disability with severance pay. The eye examination associated with his separation physical examination revealed unequal astigmatism. Since discharge he has learned that this causes the same symptoms that led to his discharge. Corrective lenses have alleviated his previous problem. He no longer has migraine headaches and has done everything he can to return to the Army.
3. The applicant provides copies his DD Form 214 (Certificate of Release or Discharge from Active Duty), a letter from a doctor of optometry (O.D.), and a U.S. Military Entrance Processing Command (USMEPCOM) Form 680 (Request for Examination).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was a Regular Army chief warrant officer two (CW2) with approximately 8.5 years of total active duty service. On 28 September 2005, he was separated for disability with severance pay due to post traumatic headaches.
3. The letter from the O.D. that the applicant submitted with his application relates that individuals with uncorrected astigmatism frequently experience headaches which become worse at night. Corrective glasses decrease these symptoms and this seems to have been the case with the applicant.
4. The applicant related in a telephone conversation with the analyst that, since obtaining eye glasses and experiencing the cessation of his headaches, he has tried repeatedly but unsuccessfully to reenter the military. The closest he came was with a local Army National Guard unit that had an open position for him. However, the state surgeon declined to grant him a medical waiver. He is aware that he would have to repay the severance pay and is prepared to do so.
DISCUSSION AND CONCLUSIONS:
1. The applicant requested correction of his record to allow reentry into the military.
2. The applicant's contentions do 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. While there is no apparent error or injustice the Board members are sympathetic with the applicants desire to serve. Perhaps he can obtain a more personalized medical opinion about his particular case and request a waiver from the Office of the Surgeon General.
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 for correction of the records of the individual concerned.
_______ _ 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) AR20150001324
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ABCMR Record of Proceedings (cont) AR20150001324
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