| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Paula Mokulis | Member |
APPLICANT REQUESTS: That his date of discharge be changed to 29 January 1999. He also requests reconsideration of his application for a physical disability retirement.
APPLICANT STATES: In effect, by letting him reenlist three months early in 1991, the Army precluded him from completing his medical evaluations, which barred him from obtaining a physical disability retirement. He contends that it was an error and an injustice for the Army to have allowed him to reenlist early and that his delayed entry program (DEP) time was taken away from him.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records that were summarized in the decisional documents prepared to reflect the Board's previous considerations of the case (AR1999034576, AR2000046981) on 3 February 2000 and 12 December 2000.
The applicant submission is new argument that requires Board consideration.
As noted previously, the applicant enlisted in the Army Reserves on 24 October 1979 with a 3 month and 5 day DEP. He entered active duty on 29 January 1980 and was released from active duty to the Reserve on 28 January 1983. He completed his original 6-year Reserve obligation and reenlisted on 29 January 1986 for 6 additional years. At his election, he reenlisted 3 months early on 30 October 1991, again for 6 years. The applicant was granted a 1-year extension in October 1997 to complete a fitness for duty evaluation.
On 23 December 1997, the applicant was notified that he had been found medically unfit for military service by reason of schizophrenia. The applicant's record indicates that he repeatedly missed medical and specialty testing appointments. As he was not adhering to his treatment regimen he was discharged at the expiration of the 1-year extension on 30 October 1998.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
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. There is no indication that the applicant's 3 months and 5 days under the DEP was affected in any way by any subsequent reenlistment. All of his reenlistment documents list this time in the appropriate location.
2. The applicant's reenlistment in 1991 was neither in error nor does it create an injustice. The applicant's voluntary election to reenlist early did not impact his medical processing as he had been granted an extension to complete the process. His 3-month DEP and his early reenlistment had no bearing on his disability processing, which was terminated because he was not reporting properly for care and evaluation.
3. 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.
| CASE ID | AR2001062963 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020530 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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