ABCMR action if you don't have an iPERMS record

O

oifvet

PEB Forum Regular Member
Registered Member
Fellow Vets, Thanks to everyone on this board (and the help of my credit card to hire an attorney) I have moved forward with my appeal to the ABCMR.
My packet was immediately kicked back because my historical medical records were not in iPERMS. They want my medical records for everything back to when I entered the Army. Thankfully I have 90% of this and my attorney is going to work on resubmission. We'll see...
Anyway...this is a pretty easy way for the ABCMR to kick your appeal back to you and say, We don't do research, we don't have your medical records, tough luck. When in reality it is an ERROR and INJUSTICE that the Army didn't keep up with iPERMS or ensure every soldier leaves with a complete copy of their medical record!
FYI--the ABCMR will send you a nice little letter saying "We have received your packet". If you don't get this then they haven't received it. The current turn around is about one year...
 
The fire at the National Personnel Records Center in 1973 resulted in a loss of 16 to 18 million military personnel records. Those cases are letter closed by the BCMRs if the applicant can't reconstruct their military records from other sources (usually VA records). The BCMRs start their consideration of a case with the presumption that what the military did was correct. The burdon of proving otherwise lies with the applicant. So if there are no records available to review (regardless of whose fault that is) there is nothing to change the presumption that what the Army did was correct. And the BCMRs are relatively small organizations. If they were to attempt to research the (in the Army) over 20,000 cases they receive each year, the time to get a case boarded would go up significantly.
 
http://boards.law.af.mil
Website that might help you with your case. It helps tell you what documentation you need, how other cases were presented, what issues you can get handled through them that you might not even have considered. Good luck.
 
This seems odd because in my State medical documents are NOT allowed in PERMS (HIPPA).
 
I was told today by askhrc that medical info was at your state level if you are still enlisted, then in IPERMS and at St. Louis, depending on how old they are, what type they are, and what your status is. HIPAA does apply, but I think that just means that only certain people have access, through only certain procedures. I might be wrong, but this is how I had it explained to me.
 
My favorite form is VA Form 21-4138, Statement in Support of Claim. I got in touch with my NCOs, First Sergeants, EVERYONE that could support my claim and had them fill these out. They were able to support my symptoms, frequent trips to sick call, doctor's appointments, diagnosis(because they had seen the notes required for my profiles). My family members told their stories of what happened to me, I got hold of my co-workers, everyone involved. This sooo helped support my claim because the military had lost most of my medical records. Pass it on.
 
You must log in or register to reply here.
Top