MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 14 February 2002
         DOCKET NUMBER: AR2001062331

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Barbara J. Ellis		Member
Mr. John E. Denning		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that his discharge from the United States Army Reserve (USAR) be voided, that he be reinstated to an active USAR status, and that he be allowed to complete 20 years of service.

APPLICANT STATES: In effect, that he was discharged for medical reasons and not only did not know that he was being medically boarded, he does not know the reason he was discharged. He goes on to state that he was within 3 months of completing 20 creditable years of service and lacked only 9 points. He further states that he was not allowed to attend drills after January 1991 and was never notified of such an action pending or any line of duty determinations being made. He also states that his unit has since been dissolved, that he is presently ill and does not have the financial means to pursue other avenues of appeal. Additionally, the Veterans Administration cannot determine why he was medically discharged.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the Regular Army on 10 June 1964 and served until he was honorably released from active duty on 9 June 1967, on the expiration of his term of service. He was transferred to the USAR Control Group (Reinforcement) where he remained until he was honorably discharged in 1970.

On 29 August 1974, he enlisted in the USAR with a troop program unit in Houston, Texas. He remained in the USAR through a series of continuous extensions and reenlistments and attained the rank of sergeant (E-5).

The applicant’s medical records were not available for review by the Board. However, his records do contain a copy of an order dated 10 April 1990, which authorized the applicant inactive duty for training on 23 June 1990, for the purpose of taking a Quadrennial Physical Examination and Cardio-Vascular Screening at the Houston VA Hospital. The orders specified that failure to take the required periodic examination would result in discharge. There is no indication of the results of that examination, if it took place.

Although undated, his records contain a typewritten request from the applicant that is addressed to his commander and request that his physical examination be re-done, that he be granted a second opinion and that he receive travel pay to and from the designated location.

On 23 October 1990, the applicant underwent a medical and physical examination by a physician located at the Military Entrance and Processing Station in Houston, Texas. He was diagnosed as having Rheumatoid Arthritis and was found to not be qualified for retention.

On 12 December 1990, the applicant’s unit submitted a request for a medical evaluation of the applicant based on the determination that he was no longer qualified for retention, by reason of medical unfitness.

On 5 January 1991, the command surgeon opined that the applicant’s 23 October 1990, physical examination, revealed that the applicant was diagnosed with Rheumatoid Arthritis and was therefore disqualified for retention in accordance with Army Regulation 40-501, paragraph 3-14-a (4). A request for discharge was submitted by brigade headquarters to Headquarters, 5^th Army, in San Antonio, Texas, on the same day.

On 26 March 1991, orders were published by that headquarters which honorably discharged him from the USAR under the provisions of Army Regulation 135-178, paragraph 12-1, effective the date of the orders.

On 2 October 1996, in response to a congressional inquiry, the Regional Office of the Department of Veterans Affairs (VA) in Houston, Texas, informed the congressional representative that the applicant had submitted several claims for service connected disability compensation benefits. In his two previous claims, he claimed defective hearing, post traumatic stress disorder (PTSD), rheumatoid arthritis, an eye problem, a spinal condition and a skin condition secondary to Agent Orange, incurred while on active duty training with Regular and Reserve units. The VA denied his claims and the applicant sent in a notice of disagreement. He was provided a statement of his case and was notified that he had 1 year to file a substantive appeal. However, he failed to do so and the decision of the VA became final.

Army Regulation 40-501 provides information on medical fitness standards for induction, enlistment, appointment, retention and related policies and procedures. It provides, in pertinent part, that it is the responsibility of Reservists to maintain their medical and dental fitness. Normally, Reservists who do not meet the fitness standards set forth by the regulation, will be transferred to the Retired Reserve (if they are eligible and apply for such transfer) or discharged under the provisions of Army Regulation 135-178.

Army Regulation 135-178 establishes policies, standards and procedures governing the administrative separation of enlisted personnel from the USAR. It provides, in pertinent part, that separation will be accomplished by separation authorities when it has been determined that an enlisted soldier is no longer qualified for retention under Army regulation 40-501, by reason of medical unfitness.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, 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 this requirement.

2. Although all of the facts and circumstances surrounding the applicant’s discharge from the USAR are not present in the available records, there is sufficient information to show that he was discharged due to his being deemed medically unfit for retention based on his diagnosed condition of Rheumatoid Arthritis.

3. While the Board cannot ascertain with any degree of certainty how many qualified years of creditable service for retirement purposes the applicant had at the time of his discharge, there is no evidence in the records to show that he ever applied for transfer to the Retired Reserve.

4. Likewise, the Board is not convinced that the applicant was unaware of the condition that deemed him unfit for retention or the fact that he was being processed for separation. Therefore, in the absence of evidence to show that he was unjustly discharged, there is no basis to void his discharge.

5. In view of the foregoing, there is no basis for granting the applicant's 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

___be___ ___js____ ___jed __ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001062331
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/02/14
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1991/03/26
DISCHARGE AUTHORITY	AR135-178
DISCHARGE REASON	MED UNFIT
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 223	113.0000/SVC CREDIT FOR RET
2.
3.
4.
5.
6.