PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 February 2000                   
	DOCKET NUMBER:   AR1999021218

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol Jo Suiter		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the illegally altered medical documents now in her medical records be expunged.  These documents are listed on an attachment to the application.

3.  The applicant states that her military records were altered and her civilian records obtained without her permission.

4.  The applicant’s military records are not available.  The information contained herein was obtained from documents provided by the applicant.

5.  On an unknown date, the applicant’s commander apparently recommended she be discharged for unknown medical reasons.  On 9 January 1997, the U. S. Army Reserve Command (USARC) Inspector General (IG) recommended her discharge procedure be stayed because a review of her March 1996 physical revealed several administrative errors that affect the retention options provided her.

6.  On 27 May 1997, the USARC IG requested the applicant’s medical separation be delayed because their investigation revealed that the records and process used in reaching the recommendation to medically separate her were flawed.  Her medical records, specifically those documents relating to her September 1992 periodic physical examination, contained illegal and/or fraudulent information, particularly in reference to her mental health status.

7.  In January 1998, the applicant reenlisted in the U. S. Army Reserve.

8.  On 11 February 1998, the U. S. Army Criminal Investigation Command (USACIDC) determined that their investigation established probable cause to believe person(s) unknown, by unknown means, altered the applicant’s medical records.

9.  On 6 July 1998, the Department of Defense Inspector General (DoDIG) determined that, based upon the recommendation of the U. S. Army Reserve Command IG and subsequent physical examination the applicant was allowed to reenlist.  That process resolved the issue of her reenlistment and provided her with accurate medical records.  However, the DoDIG also recommended she apply to the Board if she believed further correction was necessary, for example, to request the flawed documents be removed from her records.

10.  The Board requested the applicant confirm that the documents she requests to be expunged from her records are filed in her medical records and not some other records.  She responded by providing a letter dated 24 March 1999 

from the USARC IG which states they found her allegation that her commander improperly referred her for a mental health evaluation and did not advise her of her rights was substantiated.  The USARC IG confirmed their finding that, since her referral to mental health was improper, any document dated subsequent to her referral that refers to her mental health is also improper.

CONCLUSIONS:

1.  The Board concludes that Government error and injustice occurred in this case.

2.  Both the USARC IG and the USACIDC confirmed that someone tampered with the applicant’s medical records and the USARC IG found that she was improperly referred to mental health.  These tampered-with documents affected both her 1992 and her 1996 physical examinations and her improper referral to mental health was mentioned in subsequent documents that may be filed in her medical records.

3.  Although the applicant did not specify in which records these tampered-with documents are filed, the Board presumes that since they refer to her mental and or physical health they are filed in her medical records.  The Board concludes that they should not be filed in her medical records as they are tainted.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by expunging any and all of the documents listed on the attachment to the DD Form 149 from the applicant’s medical records.

2.  In accordance with Army Regulation 15-185, paragraph 21e, following completion of the administrative corrections directed herein, the proceedings of the Board and all documents related to this appeal, will be returned to the board for permanent filing.

BOARD VOTE:  

__rvo___  __dsj___  __cjs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999021218	
SUFFIX		
RECON		
DATE BOARDED	20000209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	124.04	
2.		
3.		
4.		
5.		
6.