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ARMY | BCMR | CY2005 | 20050003104C070206
Original file (20050003104C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 JANUARY 2006
      DOCKET NUMBER:  AR20050003104


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Randolph Fleming              |     |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 that her honorable discharged from the United
States Army Reserve in 2004 be corrected to show she was discharged for
medical reasons.

2.  The applicant states she had a permanent profile and numerous medical
issues which are documented in her records and as such, maintains she
should have been medically discharged instead of honorably discharged.

3.  The applicant provides no evidence in support of her request beyond a
copy of her 2004 honorable discharge certificate from the United States
Army Reserve.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was commissioned
as a second lieutenant in the United States Army Reserve in December 1983.
She was ordered to active duty in 1985.  In September 1992 the applicant
was released from active duty with an honorable characterization of
service, after voluntarily requesting separation under the Special
Separation Benefit (SSB) Program.

2.  Performance evaluation reports contained in her file indicate that she
routinely passed the Army's physical fitness test each year while on active
duty.  In 1992, as part of her separation processing, the applicant
underwent a physical examination.  The examining physician did not note any
disqualifying medical conditions and concluded that she was medically
qualified for separation with a physical profile of 1-1-1-1-1-1.

3.  Following the applicant's separation from active duty she continued to
serve as a member of the United States Army Reserve.  She was ultimately
promoted to major and in August 2004 she was honorably discharged after
failing to be selected for promotion.

4.  There were no medical records in available files, or provided by the
applicant, beyond her entrance and separation physical examinations.
Neither examination indicated any medical conditions which would have
warranted referral for disability processing.


5.  Army Regulation 635-40, in effect, at the time, outlined the policies
and procedures for disability processing and states that disability
compensation is not an entitlement acquired by reason of service-incurred
illness or injury, rather, it is provided to Soldiers whose service is
interrupted and they can no longer continue to reasonably perform because
of a physical disability incurred or aggravated in service.  When a Soldier
is being processed for separation or retirement for reasons other than
physical disability, continued performance of assigned duty commensurate
with his or her rank or grade until the Soldier is scheduled for separation
or retirement, is evidence that the Soldier is fit.  The presumption of
fitness may be overcome if the evidence establishes that (a) the Soldier
was, in fact, physically unable to perform adequately the duties of his or
her office, grade, rank or rating for a period of time because of
disability.  There must be a causative relationship between the less than
adequate duty performance and the unfitting medical condition or
conditions.  (b) An acute, grave illness or injury or other significant
deterioration of the Soldier’s physical condition occurred immediately
prior to, or coincident with processing for separation or retirement, for
reasons other than physical disability and which rendered the Soldier unfit
for further duty.

6.  Title 10, United States Code provides for disability processing of
Reserve Component Soldiers who incur or aggravate an injury or disease in
the line of duty while performing inactive or active duty for training.

7.  Army Regulation 635-40 states that in order for Soldiers of the Reserve
Components to be compensated for disabilities incurred while performing
duty for 30 days or less, there must be a determination by a Physical
Evaluation Board that the unfitting condition was the proximate result of
performing duty.

8.  Army Regulation 635-40 states, in effect, that Reserve Component
Soldiers will be separated from the Reserve when they no longer meet
medical retention standards.  Such separation will be without benefits if
the unfitting condition was not incurred or aggravated as the proximate
result of performing annual training, active duty special work, active duty
for training, or inactive duty training.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, that she
was physically unfit at the time of her separation from active duty in 1992
or at the time of her honorable discharge from the United States Army
Reserve in 2004.  There is no evidence of any disabling condition which
would have warranted referral for disability processing.

2.  The evidence of record indicates she did not have any medically
unfitting disability which required physical disability processing.
Therefore, there is no basis to correct her records to show she was
discharged or retired by reason of physical disability.

3.  In order to justify correction of a military record the applicant must
show, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WP ___  __TR ___  __RF ___  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.





                                  _____William Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003104                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|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.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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