RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2005
      DOCKET NUMBER:  AR20040008144


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Ms. Kenneth L. Wright             |     |Member               |
|     |Mr. Patrick H. McGann Jr.         |     |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.  The applicant requests, in effect, that his Army discharge for failure
to meet procurement medical fitness standards be changed to a medical
discharge or a Section 8 (presumed to mean a psychiatric discharge).

2.  The applicant states, in effect, that:

      a.  he is a disabled Navy Gulf War veteran and that he has a schizoid
effective [(sic) schizoaffective] disorder and a post-traumatic stress
disorder (PTSD);

      b.  he lied to get in the Army, but still has a desire to serve;

      c.  he lied to transfer from the Air Force Reserve legal hold;

      d.  after using an over the counter (OTC) product, he developed panic
attacks, hallucinations and depression during Christmas at Fort Jackson,
South Carolina;

      e.  his DD Form 214 (Certificate of Release or Discharge from Active
Duty) with a separation date of 23 January 1998 showed he had an
amphetamine addiction.  However, he later signed a letter that said he had
a ephedrine addiction;

      f.  he deserves a medical discharge from the Army so he can have
uninterrupted medical care and not be subject to possible fraudulent legal
interpretation of his Department of Veterans Affairs (DVA) status;

      g.  he suffers daily from the side effects of treatment for
schizoidaffective disorder and he was constantly coerced into going to the
hospital while in training because of anticholinergic activity (reduced
memory capacity);

      h.  he was exposed to radiation and "inhuman working conditions"
while assigned to the USS Carl Vinson;

      i.  when he was discharged from the Navy, he was told he was barred
from further federal or military service.  However, even though his
congressional representative got his reenlistment eligibility (RE) code
changed, he lost his house, car, job, and his wife;

      j.  he is receiving SSDI (presumed to mean Social Security Disability
benefits) and a DVA pension;

      k. the DVA hospital pays his pension but does not pay his
compensation; and

      l.  he is concerned about discriminatory federal Medicaid policy
towards the severely mentally ill.

3.  The applicant provides no documentation or evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 23 January 1998.  The application submitted in this case is dated
9 September 2004 and was received on 1 October 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he initially enlisted in the
U.S. Navy on 14 April 1992.  He was released from active duty and
transferred to the Naval Reserve on 18 January 1994 due to a reduction in
force.  He had served 1 year,
9 months and 5 days of active service characterized as honorable.

4.  The records contain a DD Form 368 (Request for Conditional Release),
dated 15 September 1997, that requests the applicant's release from the
Naval Reserve for enlistment in the U.S. Army.

5.  On 28 October 1997, the applicant enlisted in the U.S. Army for a
period of
3 years.  He commenced basis combat training (BCT) on 7 November 1997, at
Fort Jackson, South Carolina.

6.  On 5 January 1998, an Entrance Physical Standards Board (EPSBD) was
conducted at the Army Community Hospital at Fort Jackson.  The EPSBD
Proceedings stated that the applicant was referred secondary to amphetamine
(ephedrine) dependence and chronic depressive symptoms.  The EPSBD further
stated that the applicant had reported ephedrine dependence from 1992-1994
with recurrence of ephedrine abuse during BCT.
7.  The EPSBD diagnosed the applicant with amphetamine (ephedrine)
dependence and dysthymia and recommended he be separated for failure to
meet medical procurement standards in accordance with Chapter 2,
paragraph 2-34c(3) of Army Regulation 40-501.  The EPSBD determined that
the applicant's condition existed prior to service, was not permanently
aggravated by military service and he did meet the medical retention
standards in accordance with Chapter 3 of Army Regulation 40-501.

8.  The records contain a statement, signed by the applicant, that states
he agreed with the separation because his doctor recommended separation.
He also stated that he had not been coerced to agree and chose not to
appeal to the Judge Advocate General (JAG).

9.  On 23 January 1998, the applicant was discharged due to failure to meet
procurement medical fitness standards.  He had served 2 months and 26 days
of active service that were determined to be uncharacterized.  The highest
grade held by the applicant was private/pay grade E-2.

10.  Army Regulation 40-501 (Standards of Medical Fitness), in pertinent
part, prescribe the medical conditions and physical defects which are
causes for rejection for appointment, enlistment, and induction into
military service.  Paragraph 2-34c(3) of this regulation states that one of
the causes for rejection is drug abuse characterized by the repeated self-
procurement and self-administration of any drug or chemical substance,
including cannabinoids or anabolic steroids with such frequency that it
appears that the applicant has accepted the use of or reliance on these
substances as part of his or her pattern of behavior.

11.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations) provides the basic authority for the separation of enlisted
personnel.  Paragraph 5-11 specifically provides that soldiers who were not
medically qualified under procurement medical fitness standards, when
accepted for enlistment, or who became medically disqualified under these
standards prior to entrance on active duty or active duty training or
initial entry training will be separated.  Such conditions must be
discovered during the first 6 months of active duty and will result in an
Entrance Physical Standards Board (EPSB).

12.  A medical proceeding, regardless of the date completed, must establish
that a medical condition was identified by appropriate medical authority
within six months of the soldier’s initial entrance on active duty, that
the condition would have permanently or temporarily disqualified the
soldier for entry into the military service had it been detected at that
time, and the medical condition does not disqualify the soldier from
retention in the service under the provisions of Army Regulation 40-501,
chapter 3.  The characterization of service for soldiers separated under
this provision of regulation will normally be honorable, but will be
uncharacterized if the soldier is in an entry level status.

13.  The Glossary contained in Army Regulation 635-200 (Active Duty
Enlisted Administrative Separations) defines entry level status for Regular
Army soldiers, as the first 180 days of continuous AD or the first 180 days
of continuous AD following a break of more than 92 days of active military
service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his Army discharge for failure to meet
procurement medical fitness standards be changed to a medical discharge or
a Section 8 (presumed to mean a psychiatric discharge).  He contends that
he deserves a medical discharge from the Army so he can have uninterrupted
medical care and not be subject to possible fraudulent legal interpretation
of his DVA status.

2.  The ABCMR does not correct records solely for the purpose of
establishing eligibility for benefits.  In addition, granting veteran's
benefits is not within the purview of the ABCMR.  Any questions regarding
eligibility for service-connected disability should be addressed to the
DVA.

3.  The applicant's amphetamine (ephedrine) dependence would have deemed
him not medically qualified under procurement medical fitness standards had
it been known at the time of his enlistment.  His dependence was discovered
during the first 6 months of active duty and he was referred to a Entrance
Physical Standards Board (EPSB), which determined the dependence to exist
prior to service and recommended the applicant be separated.

4.  The applicant was still in an entry level status and therefore he
received an uncharacterized discharge in accordance with the applicable
regulation.

5.  The type of discharge directed and the reasons for separation were
appropriate considering all the facts of the case.  The records contain no
indication of procedural or other errors that would tend to jeopardize his
rights.

6.  In order to justify correction of a military record the applicant must,
or it must otherwise satisfactorily appear, that the record is in error or
unjust.  The applicant has failed to submit evidence that would satisfy
that requirement.


7.  The applicant's contentions concerning treatment for disabilities
suffered during an enlistment with the U.S. Navy, social security benefits,
DVA pension or compensation, and discriminatory federal Medicaid policy are
not within the jurisdiction of the ABCMR.  Therefore, the applicant must
address these contentions with the appropriate agency.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 January 1998; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
22 January 2001.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____klw _  ___phm _  ___bje___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  __________Barbara J. Ellis______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008144                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050809                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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