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US ARMY VIOLATIONS OF AR 40-501 PAR. 3.23

 

 

 

 

 

 

 

 

 

 

 

THIS soldier’s struggle is all about studying war no more or using every defence of God and Country for the preservation of self. How else can one come to self and deny that which he provides to any other? Let me hear what you talkers have to say about these observations. I have survived this ordeal to this point because I am more than a soldier at heart and in spirit. If I were just a grunt and bruit who take the battle to the enemy I would be lost and at best a killer without a cause.

 

EVIDENCE RE:   standard or physical fitness as described under AR 40-501:

1 Par. 3-23 Hypertensive Cardiovascular Disease and hypertensive vascular disease. The Causes of medical unfitness for further military service are–

a) diastolic pressure of over 110 mm of mercury following adequate period of oral therapy while on ambulatory status.

b) Any documented history of hypertension regardless of the pressure values if associated with heart disease or Gr III changes in fundi

I had a right to the Special Court-martial and Medical Evaluation Board [MEB] to present this evidence but was arbitrarily denied that right. I was also denied  hearing related to the 635-212 discharge. Capt. Michael J. Maloney’s allegations that accused elected the summary court-martial after being offered the AR-15 is plain error in the face of the facts that the election has not be substantiated in writing by the US Army; My primary medical officer entered the fact in my medical records I sought assistance to acquire MEB on 17 Jan 67 anticipating a Special Court-martial after refusing the Summary and that the officers of the summary court processed  635-212 discharge without affording me legal counsel or a hearing which would have been available under the special court-martial.  These actions violated the due process which I was entitled.

The following statement of facts was made in request for correction of military records Army Board for Correction of Military Records herein [ABCMR ] docket number ABCMR .

Documents attached as additional pages here.  These pages support facts that the solder has the right to protect and is responsible for his physical health and well being and should report any injuries which are persistent and improperly healed. AR 40-501 par 8-3 1996.

pages attached will support that Morris J. Peavey, Jr. the soldier was:

1___ in great physical condition when inducted in the US Army with bp of 130/80 and the normal presure was measured at 130/70 while hospitalized 1965.

2___passed the physical fitness test with a score of 499 out of a possible 500 with the highest score in his military unit graduating from basic training Ft. Dix NJ 1965.

3—was ranked Sp4-E4 assistant gunner of the 4.2 inch mortar and maintained a performance and conduct rating of excellent conduct and performance effrective December 16, 1966 when he was disqualified for airborne duties due to injuries received September 17, 1966.

4—had been struck by an automobile as a pedistrian on september 17, 1966 and recieved injuries to his lower torso.  Complained of back pains, headaches, and dizzeness and blood pressure found to be 185/120 9-20-66, discovered to have heart murmur, bruit in abdomen, abnormal wbcj, IVP show double collecting system.

5—was hospitalized 9-28-66 thru 10-4-66 and murmur confirmed, narrowing of arteries, high blood pressure, bruit confirmed, IVP show double collecting system, abnormal wbc.

6—was released from hospital with “3p” profile restrict duties to permanent limited duty 4 oct 66.

7—issued a second profile indicating code D “no streneous physical activities” and U no parachute jumping on 24 OCT 66.

8—received medical treatments and required frequent heat treatments, pain medications, and high blood pressure medications—went on 30 days convalesence leave 18 Nov 66 through 18 December 66.

9—examined the day after convalensce leave [19 Dec 1966] and blood pressure found 154/112 after 3 months after the accident and a reasonable period on anti-hypertensive medications and ambulary.  Dr. Wise notes “Compensation Case” 22 Dec 66 and order further tests to include orthopedic examination.

10–examined  23 Dec 1966 by Dr. Lafallet the orthopedist who jumped into his arms during the examination and indicated that he was fit for full duties and made the full duties manditory.  This was disregarding Dr. wise orders, observations, suggested diagnosis of cardio-renal disease.  Dr. Lafallet ordered discontinuance of medications.

11–Capt. Maloney the unit commander had ordered soldier duties as a paratrooper changed effective 16 Dec 66.  Capt. Maloney had rated the soldiers performance and conduct as excellent prior to Dr. Lafallet’s orders based upon his unorthodox examination.

12–Capt. Maloney order KP and policing duties [ 30 miles] across the post between 24 Dec 66 and 5 Jan 67.  These duties were assigned during a period while I was clearing the airborne unit, the Xmas holidays and facing cruel jokes from Airborne soldiers about my new leg status.

13–5 Jan 67 the dispensary refused all medication except asperins although I had been on anti-hypertensive meds since 28 september 66.  I suffered extreme head and back aches and dizzeness and memory lost at the time.  I was extremely angry and flusterated and went AWOL to seek proper medical treatments.

14–I remained AWOL from 5 Jan 67 through 16 Jan 67.

Comments are welcome on any aspect of the rights of the soldier to protect himself, his service, and memories after the wars are over.  This is a simple right which every one takes for granted therefore, it should not be a confusing issue for those who believe in acting as guardians of life.

November 3, 2008 Posted by | Government, inspiration | , | Leave a comment