APPLICANT REQUESTS: That his record be corrected to show that he was medically discharged.
APPLICANT STATES: In effect, that he had mental and physical disabilities at the time of his separation. He provides no documentary evidence to support his claim.
COUNSEL CONTENDS: Counsel is silent on the issue.
EVIDENCE OF RECORD: The applicant's military and medical records show:
On 10 October 1979, he enlisted in the Regular Army. He completed his required training and was awarded military occupational specialty 76P (Material Control/Accounting Specialist). He was advanced to pay grade E-4 on 2 December 1981.
On 22 January 1980, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for resisting lawful apprehension by military police on 8 January 1980. His punishment included a forfeiture and extra duty.
On 28 May 1981, he accepted NJP under Article 15, UCMJ, for his failure to go to his appointed place of duty on 18 May 1981. His punishment included a reduction to pay grade E-2 (suspended), a forfeiture, and restriction.
On 25 June 1982, he was notified of the procedures for the voluntary completion of a separation physical examination. There is no indication that he completed the examination. Medical records indicate the applicants physical profile was 111111A just prior to his separation.
On 9 October 1982, he was honorably separated, in pay grade E-4, under Army Regulation 635-200, chapter 2, based on the expiration of his term of service. His Report of Separation indicates that he had 3 years of creditable service.
On 25 September 1995, a VA Rating Decision denied the applicant service-connection for paranoid schizophrenia with manic depression, back disorder, paralysis of the upper and lower extremities, thyroid condition, bilateral leg condition, residuals of fracture of the right little finger, and recurrent right ankle sprains.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. There is no indication that the applicant had any disqualifying physical disabilities. A check of his medical record for the period is unremarkable.
3. The evidence of record shows that he elected not to take a final physical examination.
4. The applicants separation was in accordance with regulations then in effect.
5. The VA denied service-connection for a multitude of claimed disabilities.
6. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY1995 | 9506249C070209
EVIDENCE OF RECORD: The applicant's military personnel and medical records show: He enlisted in the Regular Army on 7 July 1965, was awarded the military occupational specialty (MOS) of telephone switchboard operator, and served in France for 9 months and 2 days and in Vietnam for 1 year and 18 days. In August 1978 the applicant entered into the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcoholism. On 24 August 1983 the applicant was given a reenlistment physical...
ARMY | BCMR | CY2001 | 2001056343C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001056343SUFFIXRECONDATE BOARDED20010830TYPE OF DISCHARGE(UOTHC)DATE OF DISCHARGE19820311DISCHARGE AUTHORITYAR635-200, CHAPTER 10 DISCHARGE REASONA70.00BOARD DECISION(DENY)REVIEW AUTHORITYISSUES 1.144.70002.3.4.5.6.
ARMY | BCMR | CY2008 | 20080005077
IN THE CASE OF: BOARD DATE: 5 June 2008 DOCKET NUMBER: AR20080005077 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 3 February 1982, the applicant was discharged, with a general under honorable conditions discharge, after completing a total of 4 years, 6 months, and 22 days of creditable active service with 6 days of lost time. However, there is no evidence of record and the applicant provided no evidence to show he was hospitalized while in Korea for a mental illness.
ARMY | BCMR | CY2013 | 20130007683
The applicant requests, in effect, correction of his records to show he was medically discharged vice discharged under other than honorable conditions for misconduct. The Army must find that a service member is physically unfit to reasonably perform his duties and assign an appropriate disability rating before that service member can be medically separated or retired. There is no evidence in his records that shows he was physically unfit at the time of his discharge.
ARMY | BCMR | CY2008 | 20080017828
He had completed 1 year and 4 months of creditable active duty. The evidence of record shows that the applicant received four NJP's, three courts-martial, and was barred to reenlistment. Accordingly, the applicant was separated from active duty for reasons other than physical disability.
ARMY | BCMR | CY2001 | 2001059029C070421
On 10 May 1982, the applicant’s commander initiated separation action on the applicant under the provisions of Army Regulation 635-200, paragraph 5-31, expeditious discharge. He had completed 2 years, 10 months, and 4 days of creditable active service and had no lost time. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2002 | 2002072759C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to either an honorable or medical discharge. APPLICANT STATES : In effect, that he should have been discharged by reason of medical disability because he was addicted to drugs and alcohol and was never offered any help for his illness.
ARMY | BCMR | CY2006 | 20060013890C071029
The applicant is requesting correction of an alleged error or injustice that occurred on 15 September 1982, the date she was notified by the Army Discharge Review Board (ADRB) it had determined, based on her military records and all other available evidence, she had been properly discharged. On 29 October 1980, the applicant's unit commander notified her he was recommending that she be discharged from the Army under the provision of Army Regulation (AR) 635-200, chapter 14. On 25 November...
ARMY | BCMR | CY2014 | 20140004356
The applicant requests, in effect, correction of his record to show he was discharged for physical disability. On 14 December 1981, Headquarters, 1st Battalion, USARB, issued Summary Court-Martial Order Number 60. The evidence of record does not support the applicant's request for correction of his record to show he was discharged for physical disability.
ARMY | BCMR | CY2005 | 20050006166C070206
The applicant requests that his records be corrected to show that he was discharged or retired by reason of physical disability. On 9 January 1987, the Army Discharge Review Board conducted a records review of his case and denied his request for upgrade of his discharge. While the applicant may be suffering from a mental health issue and received treatment for that condition subsequent to his separation, he provides no evidence that the condition was related to his military service or that...