RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 DECEMBER 2004
      DOCKET NUMBER:  AR2004102689


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Semma Salter                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  In effect, the applicant requests that her record be corrected to show
that she has 20 qualifying years of service for retired pay at age 60.

2.  The applicant states that her unit did not timely process her first PEB
(Physical Evaluation Board), doing nothing until her ETS (Expiration of
Term of Service) on 19 July 1987.  Upon receipt of orders discharging her,
she contacted the Office of the Chief of the Army Reserve (OCAR).  She
states that her second PEB and MEB (Medical Evaluation Board) are also
enclosed.  It took her unit from July 1987 to September 1988 to [schedule
her] for her second MEB since they had lost the first one.  She never
received a letter verifying her years of service; consequently, was unable
to make a rational decision concerning her discharge.  She did not want to
stay in her unit because of the harassment she was undergoing.  Had she
known that she had close to 20 years of service, she would have stayed in
[the Army Reserve] for a few months.  She has a            100 percent
disability rating from the Department of Veterans Affairs (VA).

3.  The applicant provides a copy of a 9 February 2000 letter to her from
this agency in response to her 28 September 1999 application to this Board,
a copy of that application, a copy of her 28 July 1998 letter to the 70th
Regional Support Group regarding incapacitation pay, a copy of a 9
September 1988 MEB narrative and the MEB proceedings, a copy of a 23
February 1987 MEB narrative, a copy of the first page of the 21 September
1988 PEB proceedings, a copy of a 25 November 1988 memorandum directing
that the applicant be discharged with severance pay, a copy of the
discharge orders, a copy of the    23 February 1988 conversation record
concerning her ETS, a copy of an undated memorandum directing that her
disability separation processing be resumed, a copy of orders discharging
her from the Army Reserve effective on 19 July 1987 and a copy of the
orders revoking that discharge order, and a copy of a               6
January 2004 letter to her from the VA concerning her service connected
compensation.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered on active duty in September 1967.  She served in
Vietnam from September 1969 to November 1970.  She was released from active
duty in November 1970.  The applicant's military service thereafter,
beginning in September 1972, has been in the Army Reserve – on active duty,
assigned to a Troop Program Unit (TPU), or in an Army Reserve Control Group
at St. Louis.

2.  In April 1981 she reenlisted in the Army Reserve for 6 years with
assignment to the 6228th Army Reserve School in Boise, Idaho.  Her Enlisted
Evaluation Report for the period November 1983 through September 1984 while
serving as an administrative supervisor with the 6228th shows that she
failed the Army Physical Fitness Test (APFT).  Her rater indicated that she
had not demonstrated leadership.  Her endorser stated that her performance
was not up to her potential.  Both recommended that she should not be
promoted.  Her evaluation report for the period October 1984 through
January 1985 shows that she was relieved for cause.

3.  In February 1985 she transferred to the 244th Personnel Service
Company, a TPU in Fort Douglas, Utah.

4.  On 23 June 1986 the applicant's commanding officer requested that the
applicant receive a medical evaluation board in that her 9 October 1984
periodic physical examination found her not qualified for retention.  That
officer indicated that the applicant requested a medical retirement,
claiming that her erratic heart beat was caused by the physical training
test in June 1984.  He also indicated that she had a shoulder injury that
she claimed was a result of military service.

5.  An 8 February 1987 chronological statement of retirement points, while
incomplete, shows that she had 17 years, 6 months, and 21 days of
qualifying and nonqualifying total service for longevity pay purposes.
That statement does not show the number of qualifying years for retirement
purposes.

6.  On 22 February 1987 the applicant was admitted as an inpatient for
testing purposes by Orthopedic Services at Evans Army Community Hospital at
Fort Carson, Colorado.  Her condition was diagnosed as upper back pain,
left shoulder pain, and neck pain.  The medical report indicated that she
had been seen by internal medicine because of syncopal spells and was
undergoing several examinations directed at her cardiac system.  The report
showed that she was to undergo more testing, to include treadmill, Holter
monitor, echocardiogram, and laboratory tests.  The report indicated that
after the tests her medical board proceedings should be complete.

7.  The applicant did undergo a Holter monitoring, stress test,
echocardiogram and pulmonary function studies.  She also had a bone scan
and an upper gastrointestinal series.  Her condition was diagnosed as
musculoskeletal pain, possible gastrointestinal disease, possible cardiac
disease, possible pulmonary disease, and urinary tract infection.

8.  On 16 July 1987 orders were published discharging the applicant from
the Army Reserve effective on 19 July 1987.  In an undated memorandum,
Sixth United States Army requested that Evans Army Community Hospital
resume disability separation processing on the applicant, stating that OCAR
had authorized a 3-year reenlistment for the applicant with the
reenlistment date antedated to 20 July 1987.  On 28 March 1988 the above-
mentioned discharge orders were revoked.

9.  The applicant reenlisted in the Army Reserve for three years.  The date
of enlistment in shown as 20 July 1987.

10.  A 9 September 1988 medical board evaluation report shows that the
applicant was injured in December 1981 while attending a program for Army
Reserve civilian employees at McCoy, Wisconsin.  She fell down a flight of
stairs, injuring her neck.  She was treated but continued to have pain in
the left arm, shoulder, and neck.  The report indicates that her symptoms
were exacerbated in June 1983 and July 1984 while doing pushups and situps
during physical training tests, and that her condition worsened at her
civilian job.  The report shows that she underwent a medical evaluation
board some 18 months ago, but because of an administrative flaw in the
system, the board was not completed and consequently, she returned for
reevaluation of her board.  The report indicates that she had an
exacerbation of the symptoms and the pain was about equal on both sides,
and that she noted paresthesias in digits of both hands with continuous
turning of her neck.  In November 1987 she had an anterior discectomy
between C5 and C6 with an anterior fusion of C4 through C6 at a hospital in
Boise, Idaho.  She had no relief of the symptoms and she noticed a decrease
in the range of motion of her neck since the operation.  The report states
that the applicant would prefer to be medically separated from the Army
Reserve as opposed to continuing.  The report shows that the applicant
denied any pain or other complaints not related to the cervical spine
disorder.  The applicant underwent a physical examination, laboratory, and
x-ray tests.  Her condition was diagnosed as post cervical discectomy at C5-
6 and fusion of the C4 through C6 vertebral bodies.  The examining
physician stated that the applicant was unable to fulfill the duties
required of her specialty, and recommended that she be separated from the
Army Reserve.

11.  On 9 September 1988 the MEB recommended that the applicant be referred
to a PEB.  The applicant concurred.

12.  The first page of a PEB, dated 21 September 1988, shows that the PEB
found the applicant physically unfit because of her cervical discectomy at
C5-C6 with fusion C4-6 in November 1987, EPTS (existed prior to service),
service aggravated.  It recommended that she be separated with severance
pay with a disability rating of 20 percent.

13.  On 25 November 1988 orders were published discharging the applicant
from the Army Reserve effective on 15 December 1988 with a 20 percent
disability rating.

14.  On 9 February 2000, in response to her 28 September 1999 application
to this Board requesting active duty pay from 7 July 1983 to 15 December
1988; and her request to correct her records to show that she had 20
qualifying years for retirement, she was informed that the Board would be
unable to grant her request for active duty pay.  She was also informed
that to revoke her orders discharging her with severance pay would result
in the immediate collection of the money she received in disability
severance pay.  She was further advised      that because her records did
not contain her MEB or PEB proceedings the Board could not make a decision
in her case and that her application was filed without action.

15.  Army Regulation 635-40, chapter 8, outlines the rules for processing
through the disability system Soldiers of the Reserve component who are on
active duty for a period of less than 30 days or on inactive duty training;
and outlines the criteria under which soldiers of the Reserve component,
whether or not on extended active duty, apply for continuance in the active
Reserve.  Paragraph    8-2 states that Soldiers of the Reserve components
are eligible for disability processing from an injury determined to be the
proximate result of performing annual training, active duty special work,
active duty for training, etc.

16.  Paragraph 8-6 states that when a commander believes that a Soldier not
on extended active duty is unable to perform his duties because of physical
disability, the commander will refer the Soldier for medical evaluation.
Paragraph 8-6b states in effect, that the medical treatment facility will
forward the medical evaluation board to the Soldier’s unit commander for
disposition under applicable regulations.

17.  Army Regulation 635-40 establishes the Army physical disability
evaluation system and sets forth policies, responsibilities, and procedures
that apply in determining whether a Soldier is unfit because of physical
disability to reasonably perform the duties of his office, grade, rank, or
rating.  It provides for medical evaluation boards (MEBs), which are
convened to document a Soldier’s medical status and duty limitations
insofar as duty is affected by the Soldier’s status.  A decision is made as
to the Soldier’s medical qualifications for retention based on the criteria
in AR 40-501, chapter 3.  If the MEB determines the Soldier does not meet
retention standards, the board will recommend referral of the Soldier to a
PEB.

18.  Physical evaluation boards are established to evaluate all cases of
physical disability equitability for the Soldier and the Army.  It is a
fact finding board to investigate the nature, cause, degree of severity,
and probable permanency of the disability of Soldiers who are referred to
the board; to evaluate the physical condition of the Soldier against the
physical requirements of the Soldier’s particular office, grade, rank or
rating; to provide a full and fair hearing for the Soldier; and to make
findings and recommendation to establish eligibility of a Soldier to be
separated or retired because of physical disability.

19.  Title 10, United States Code, section 1203, provides for the physical
disability separation of a member who has less than 20 years service and a
disability rated at less than 30 percent.

20.  Army Regulation 135-180 implements statutory authorities governing the
granting of retired pay to Soldiers and former Reserve Component Soldiers.
Paragraph 2-1 of that regulation states, in pertinent part, that to be
eligible for retired pay, an individual need not have a military status at
the time of application, but must have attained age 60, completed a minimum
of 20 years of qualifying service, and served the last 8 years of her
qualifying service as a Reserve Component Soldier.

DISCUSSION AND CONCLUSIONS:

1.  On 13 September 1988 the applicant agreed with the MEB proceedings
which recommended that she be referred to a PEB because of her medical
condition.  At that time, according to the MEB narrative summary, she
stated that she would prefer to be medically separated from the Army
Reserve.  The PEB proceedings that the applicant submits with her request,
although incomplete, show that the PEB recommended that she be separated
with severance pay with a 20 percent disability rating.  Although there is
no evidence whether or not she concurred with that recommendation, she was
discharged with a 20 percent disability rating as recommended by the PEB,
and in accordance with her wishes as indicated in the MEB proceedings.


2.  The Board notes the evidence showing the inappropriate delay in her
disability processing and her discharge prior to completion of the
processing.  Also noted is statement contained in the 9 September 1988
medical evaluation board report that she underwent a medical evaluation
board some18 months ago [March 1986?] but because of an administrative flaw
in the system, the board was not completed.  That board proceeding is not
available.  Evidence at that time, however, indicates that she had an
irregular heartbeat and a sore shoulder, conditions not indicated on the
MEB or PEB proceedings available to this Board.
3.  The applicant's records show that she was on active duty for a little
over three years, ending in November 1970, and beginning in February 1972
served in the Army Reserve until her discharge in 1988.  There is no
evidence and the applicant has not submitted any to show that she had 20
qualifying years of service, or that she was close to having 20 qualifying
years of service, as she so states.  Be that as it may, the applicant was
medically unfit for retention.  She was discharged accordingly.

 4.  Therefore, the applicant's request to correct her records to show that
she had 20 qualifying years of service for retired pay at age 60 is not
granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__FE  ___  ___PS __  ___SS __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ______Fred Eichorn________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102689                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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