IN THE CASE OF: BOARD DATE: 29 October 2021 DOCKET NUMBER: AR20210005023 APPLICANT REQUESTS: reconsideration of his request to correct his rank/pay grade to reflect “sergeant (SGT)/E-5” at the time of his retirement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Letter to the Board * Medical documents FACTS: 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 AR2019000 on 25 July 2019. 2. The applicant states: a. He acknowledges he did not provide evidence that he completed the required Noncommissioned Officer Education System (NCOES) or was enrolled in the Primary Leadership Development Course. b. After several years in the U.S. Armed Forces, he began to experience and complain of having severe headaches; however, no one could diagnose the proximate cause. When he received the promotion to SGT, he was under extreme duress due to the increased pain from his headaches, which caused him to experience blackouts. He began to have problems balancing himself whenever he stood up. c. His headaches had become painfully unbearable and the pain medication was useless. In addition, he was having kidney, visual, and cardiovascular problems. He also began to forget important things to do. He started to experience intense fear, horror, and helplessness based on his fear of having a severe headache that would cause him to blackout behind the wheel of motor transportation equipment linked to his military occupation specialty. d. As a result, and in the best interest of the general public and himself, he made the decision to remove himself from this threat and submitted a request for early retirement. A few months after his retirement, he was diagnosed with the medical condition “von Hipple-Lindau.” This discovery and conclusive finding required an emergency surgery for the removal of large and small life-threatening tumors from his brain. This medical condition was not commonly known by competent American medical professionals during that time period. It was later classified as a physical disability under Title 10, U.S.C. Section 3961. e. He retired in good faith, complied with all the other criteria noted in the appropriate process and procedures for promotion to SGT, including his 20 plus years of honorable meritorious military service. 3. The applicant provides, as new evidence, six pages of medical documents from the Baptist Medical Center, University of Arkansas for Medical Sciences College of Medicine, and the Neurological Surgery Associates, P.A: 4. As previously listed in Docket Number AR2019000, dated 25 July 2019, the applicant’s service record shows: a. He enlisted in the Arkansas Army National Guard on 5 June 1978. b. Headquarters, U.S. Army 90th Regional Support Command (RSC) Orders 354- 728, dated 19 December 2000, reflects the applicant was promoted from the rank of corporal (CPL) to SGT, with an effective date of 19 December 2000. It also states in Additional Instructions: “1. He must report for duty to fulfill POSN/para/line 0205-104-02 and serve at least 12 months in the duty position before voluntary reassignment to another TPU….2. This promotion is awarded with the condition the Soldier must be enrolled in, and successfully complete the NCOES course required for the grade to which promoted. The Soldier understands and agrees that if he or she fails to meet these conditions, or is subsequently denied enrollment, or becomes an academic failure, or does not meet graduation requirements, or is declared a No-show, the soldier is subject to reduction under AR 140-158, paragraph 7-12d, to the grade and rank held prior to this promotion.” c. Headquarters, U.S. Army 90th RSC Orders xxxx, dated 8 March 2001, show Orders 354-728 pertaining to the applicant's promotion to SGT was revoked. d. U.S. Army Reserve Personnel Command memorandum, dated 28 November 2001, notified the applicant of his Eligibility for Retired Pay at Age 60 (20-Year Letter). The memorandum is addressed to CPL Jo___ Wa___ Th___. e. Headquarters, U.S. Army 90th RSC Orders xxxxx, dated 7 January 2002, reflects the applicant was released from his current assignment, with the reason as voluntary reassignment, effective 7 January 2002. f. U.S. Army HRC Orders C07-796103, dated 19 July 2017, placed the applicant on the retired list, with a date of 18 September 2017, in the rank of SGT, and “authorized pay under Title 10 USC, section 12731, 10 USC” cited in the additional instructions. g. U.S. Army HRC Orders C10-796103401, dated 16 October 2017, reflects Orders C10-796103 was amended as follows: As reads: Retired Grade: Sergeant How changed: Retired Corporal 5. Title 10 USC, section 3961 states, unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement. 6. MEDICAL REVIEW: The Army Review Boards Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant's records in the Department of Veterans Affairs Joint Legacy Viewer (JLV). a. He submitted a document from Baptist Medical Center pathology (dated 1 August 2003) which showed cerebellum tumor biopsy results were consistent with a hemangioblastoma. The Baptist Medical Center head CT status post tumor resection showed postoperative changes of residual edema causing a mild mass effect on the 4th ventricle. (He underwent the surgical procedure, a left craniotomy on 5 August 2003.) A University of Arkansas for Medical Sciences College of Medicine document (dated 2 October 2003) indicated the final diagnosis was Von Hippel-Lindau (VHL) syndrome, a hereditary condition associated with tumors arising in multiple organs. Although VHL syndrome is hereditary, symptom onset is variable. In addition, the symptoms manifested by the condition depend on where the tumors grow. As a result of the cerebellar hemangioblastoma, the applicant had headaches and balance problems. He also had tumors in the retinal area; and was suspected of having renal (kidney) tumors. b. The applicant stated that he was having symptoms due to VHL syndrome while he was in military service and that the symptoms were impacting his performance. He did not submit any in-service treatment records in support of having had VHL symptoms while in service. No related in-service treatment records were found during the ARBA reviewer’s JLV search. A JLV search showed that the applicant is not service connected for any disability by the Department of Veterans Affairs. Based on records available for review, medical evidence was insufficient to support the applicant’s contention that his VHL syndrome contributed to his not achieving the promotion at or near the end of his military service. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board found that for the applicant to retain his promotion to SGT, he had to complete required military education. He did not do so, and his promotion was revoked. The Board insufficient evidence of mitigating factors that would warrant changing the previous decision to deny relief. The Board determined the applicant's retirement in pay grade E-4 is not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 AR2019000xxxx, dated 25 July 2019. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Title 10, United States Code, section 3961 states, unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005023 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1