RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 AUGUST 2006
      DOCKET NUMBER:  AR20050016043


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. John Heck                     |     |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 his discharge be changed to a medical discharge.


2.  The applicant states he was diagnosed with multiple sclerosis (MS) in
1997.

3.  The applicant provides a supporting statement from his doctor.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 March 2001.  The application submitted in this case is
dated      26 October 2005.

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.  Records available to the Board indicate that the applicant enlisted in
the United States Army Reserve (USAR) in August 1993.  On 16 March 2001, he
was honorably discharged.

4.  The applicant provided a letter, dated 2 October 1997, from his doctor
at the Peachtree Neurological Clinic.  The doctor stated that the applicant
was suffering from relapsing-remitting multiple sclerosis which affected
his ability to perform any type of job in the military services.  He
recommended the applicant pursue a medical discharge because of his
underlying neurological condition which affected his speech, balance,
vision and cognitive functioning.

5.  The applicant’s medical records show in July 1997 through January 1998
he was seen by several doctors.  His chief complaint was being off balance,
shaking, and dizziness after waking up.  He was referred to neurology.  A
neurological exam revealed the applicant’s speech to be mildly dysarthric.
Studies showed definite head tremor, as well as intention tremor of both
arms.  The neurologist stated that the applicant clearly needed further
neurodiagnostic studies, including MRI scan of the brain with and without
gadolinium.  The MRI of the brain determined that the findings were
consistent with MS plaques.
6.  Orders dated 23 March 1999 assigned the applicant to 137 Quartermaster
Company, El Monte, California.  Records show the applicant processed into
this company on 17 April 1999.  During the 11 months that he was assigned
to this company, 6 letters were mailed to him on unexcused absences.  The
dates are as follows:  18 May 1999; 15 June 1999; 4 August 1999; 9 August
1999,           12 January 2000; and 21 March 2000.  The memorandum dated 9
August 1999 stated that the commander declared 9 absences to be unexcused.

7.  On 19 April 2000, the applicant was notified of a scheduled physical
for a medical evaluation to take place on 7 May 2000.  The applicant was
told to take all existing documentation on his condition to the physical
exam.

8.  The Report of Medical Examination, dated 7 May 2000, shows the
examination was for the purpose of a Medical Evaluation Board (MEB).  The
examination shows that the applicant was diagnosed with MS since the summer
of 1997.  The exam found the applicant “not qualified” for further service.


9.  On 24 August 2000, the applicant’s company commander recommended that a
MEB convene to determine the applicant’s fitness for duty.  He indicated
the applicant had motor skills impairment and was unable to perform in his
duty position.  The commander recommended that the MEB not retain the
applicant because of his apparent health concerns.

10.  A 63rd Regional Support Command memorandum, dated 23 October 2000,
Subject:  Medical Evaluation for Retention of USAR Soldiers with Non-Duty
Related Impairments, shows that the applicant was determined “Not Eligible
for Retention.”  The memorandum was authenticated by the command surgeon.

11.  On 25 January 2001, the applicant’s battalion commander recommended
immediate action to expedite the request for discharge orders.  Based on
his conversation with the company commander and his understanding of the
circumstances surrounding the applicant’s physical/medical disqualification
for retention, the battalion commander determined that the approval of the
applicant’s discharge was in the best interest of all concerned.

12.  Title 10, United States Code, Sections 1204 through 1206, 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. 



13.  Army Regulation 635-40, paragraph 8-3, 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 approximate result of performing duty.

14.  Army Regulation 635-40, paragraph 8-9, 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, nor has the applicant provided any, which
confirms that his medical condition was the approximate result of
performing his military service. As such there is no basis to correct his
records to reflect medical discharge.

2.  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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 March 2001; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on          15 March 2004.  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

__SP ___  ___RL___  ___JH___  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.




                                  ______Shirley Powell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016043                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060815                                |
|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.                      |                                        |


-----------------------
[pic]