RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 AUGUST 2006
DOCKET NUMBER: AR20050016105
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:
| |Mr. Curtis Greenway | |Chairperson |
| |Mr. James Gunlicks | |Member |
| |Ms. Peguine Taylor | |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 a medical discharge.
2. The applicant states, in effect, that she had been on permanent profile
since 2002 with no changes in her medical condition at the time of her
separation from active duty. The applicant explained that she was on
assignment instructions to Korea but was unable to travel due to a
temporary “T-2” profile. She said she was referred to an orthopedic
surgeon who treated her with steroids and prescribed stretching exercises.
When the treatment failed, the orthopedic surgeon advised her to seek a
medical discharge. The applicant admitted that she chose to stay in the
military and received a permanent “P-2” profile. The applicant concluded
that she has served throughout her military career on profile and in severe
chronic pain.
3. The applicant provides her self-authored letter and a copy of her DD
Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. Records available to the Board indicate that the applicant entered
active duty on 16 November 2000. She was trained as a 91W (Practical
Nurse) and served 4 years, 5 months and 15 days on active duty. The
applicant was honorably discharged on 30 April 2005.
2. Records further show that the applicant was awarded the Army
Commendation Medal (2nd Oak leaf Cluster), Army Achievement Medal (2nd Oak
Leaf Cluster), Army Good Conduct Medal, Global War on Terrorism
Expeditionary Medal, and Global War on Terrorism Service Medal. The
applicant was promoted to the grade of E-4 on 1 November 2002.
3. There were no medical records available to the Board and the applicant
provided no medical records.
4. Army Regulation 635-40 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 Solider 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 an indication that the applicant is fit.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s contention that because she had a physical profile
throughout her military career and she should have been medically
discharged is without foundation. The evidence of record indicates that in
spite of the profile, the applicant was promoted and continued to perform
her military duties until she was released from active duty.
2. There is no evidence, and the applicant has not provided any, which
confirms that she was physically unfit to perform her duties at the time of
her separation.
3. The evidence of record indicates she did not have any medically
unfitting disability which required physical disability processing.
Therefore, there is no basis for a medical separation.
4. 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
__CG ___ __JG ___ __PT ___ 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.
_____Curtis Greenway_______
CHAIRPERSON
INDEX
|CASE ID |AR20050016105 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060810 |
|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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