The ABCMR has the power to change any Army record when it is "necessary to correct an error or remove an injustice.
It will then detail the failures of the ABCMR in adjudicating the applications of veterans claiming PTSD as the reason for a discharge upgrade.
59) Yet the ABCMR has refused to accept any evidence that a diagnosis or lack thereof at the time of discharge was incorrect, even when applicants present substantial later medical evidence.
Despite this new evidence indicating UCI, the ABCMR denied Homcy's application without a hearing on 27 April 1967.
Presumably so as to have an administrative record upon which to base its response to Homcy's civil suit, the Army now ordered a formal hearing before the ABCMR on Homcy's application.
Presumably so as to have an administrative record upon which to base its response to Homey's civil suit, the Army now ordered a formal hearing before the ABCMR on Homey's application.
Colonel Solf ultimately concluded in his memorandum that the evidence on the issue of UCI in Homey's trial was "not conclusive" and it was up to the ABCMR to find the facts in the case.
In examining a case, the ABCMR will first look to see if there are any factual or legal errors in the records.
The ABCMR changed his records to reflect his years of military service, including the time he spent as a POW.
A servicemember may submit a request to the ABCMR to correct his records.
Further, if a servicemember's military record is corrected by the ABCMR, the Secretary of the Army may financially compensate the member's claim for the loss of pay, allowances, or other compensation.
Instead of ordering a show cause hearing, the ABCMR
ignored the broader constitutional concerns raised by Major Gonzalez, and did not examine whether the existing regulatory procedures were adequate.