MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 24 April 2003
         DOCKET NUMBER: AR2002072981

         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. Vic Whitney		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Ms. Terry L. Placek		Member
Mr. Robert Duecaster		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 records be corrected to show that he was discharged based on a physical disability.

APPLICANT STATES: That he believes his records should be corrected to show he was medically discharged, due to a severe psychiatric disease. He provides copies of his Department of Veterans Affairs (VA) medical records, copies of 9 pages of Army medical records, a VA Rating Decision dated 19 September 1997, a copy of a memorandum and summary from the Comprehensive Clinical Evaluation Program (CCEP), Portsmouth Naval Hospital, Portsmouth, Virginia and a copy of a Social Security Administration (SSA) Decision.

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

A DA Form 47 (Record of Induction), dated 9 November 1970 indicates he received a waiver of his prior civil convictions for burglary and petty larceny in 1963, robbery with intent to kill in 1963 and fighting in 1965. In addition, it also noted that he had a bad knee and head injury.

On 9 February 1971, the applicant was inducted into the Army of the United States. He completed his required training and was awarded military occupational specialty 76Y (Unit Supply Specialist).

On 15 July 1971, he was issued nonjudicial punishment under Article 15, Uniform Code of Military Justice for an assault with a chain on another soldier. His punishment included a forfeiture, restriction and extra duty.

During the period 13 to 15 January 1972, he was absent without leave. There is nothing in the available records to show any punishment he received.

On 9 February 1973, he was honorably separated under Army Regulation 635-200, based on the expiration of his term of service. His separation document indicates he had 1 year, 11 months and 28 days of creditable service and 3 days of lost time.

On 10 February 1973, he was transferred to the Army Reserve (USAR) for completion of his service obligation. Through enlistments, reenlistments and extensions, he continued his USAR service until his discharge by reason of expiration of term of service (ETS) on 8 October 1996.






On 6 April 1988, in a memorandum for the applicant’s commander, a USAR Psychiatrist indicated he discussed the applicant’s prior sleeping difficulties prior to his going to a school course at Fort Chaffee, Arkansas and that he had been treated for his knee problem.

During the period 3 January to 21 June 1991, he was ordered to active duty in support of Operation Desert Storm and served in Southwest Asia from 6 February to 10 June 1991.

On 17 December 1993, in a letter to his commander, he requested a medical discharge without further explanation.

On 3 January 1994, his commander, in response to his request for a medical discharge, advised that he was being directed to submit to a physical examination to determine his fitness for subsequent retention.

On 22 February 1994, the Unit Personnel Technician (UPT) advised the applicant that if he accumulated 9 unauthorized absences within a year, he could be declared an “Unsatisfactory Participant” and transferred to the Individual Ready Reserve for the balance of his obligation until 6 October 1996.

On 25 February 1994, his commander advised him that a retention physical examination was being scheduled at Reynolds Army Hospital, Fort Sill, Oklahoma. He was directed to bring all medical documents pertinent to his medical condition to the UPT not later that 0800, 11 March 1994. There is no evidence that this was accomplished.

On 17 March 1994, a memorandum for the commander, Reynolds Army Hospital requested a retention physical examination for the applicant.

During the period 22 to 25 April 1995, the applicant was registered as a VA patient at the Comprehensive Clinical Evaluation Program (CCEP) at Portsmouth Naval Hospital, Portsmouth, Virginia. On 25 April 1995, the applicant declined further evaluation by the CCEP.

A 26 May 1995 memorandum by the CCEP physician at Portsmouth indicates the applicant should be separated from the service. Further, he indicates that apparently the applicant was supposed to be sent to Fort Bragg, North Carolina for a PEB (Physical Evaluation Board) and/or administrative separation on marijuana charges dating from a 1991 command urinalysis. He has had multiple admissions at the VA for PTSD (Post Traumatic Stress Disorder) and major depression. The applicant reported directly to Portsmouth, bypassing Fort Bragg.

On 15 August 1996, the SSA determined he was entitled to a period of disability beginning on 24 October 1995 and to disability insurance benefits through at least the date of this decision.

The records are absent on the reason for and the date of his transfer to the USAR Control Group, Individual Ready Reserve.

On 8 October 1996, ARPC-SFS-R Orders D-10-686890, Army Reserve Personnel Center, honorably discharged the applicant under Army Regulation 135-178 (Reserve Component Enlisted Separations) based on the expiration of his term of service. As of 8 February 1992, the applicant had completed 18 years of qualifying service for retirement. No additional qualifying years of service were recorded between 9 February 1992 and his discharge on 8 October 1996.

Chapter 11 of Army Regulation 135-178 provides that on expiration of term of service a soldier will be discharged. Chapter 12 of the regulation provides for the separation of soldiers when it has been determined that they are no longer qualified for retention by reason of medical unfitness in accordance with Army Regulation 40-501.

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. The evidence in this case does not support his contention that there was an error or injustice in his discharge of 8 October 1996 based on the expiration of his term of service. There is no evidence of record, or evidence provided by the applicant, that he was found medically unfit for retention by military medical authorities in accordance with Army Regulation 40-501.

2. The record is also absent of evidence that the applicant completed a Medical Evaluation or Physical Evaluation Board.

3. The fact that the VA and the SSA, in their discretion, have awarded the applicant a disability rating is a prerogative exercised within the policies of those agencies. It does not, in itself, establish physical unfitness for Department of the Army purposes.






4. 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.

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

__RO___ __TP___ ___RD___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002072981
SUFFIX
RECON
DATE BOARDED	20030424
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	108.00
2.
3.
4.
5.
6.