RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20060000369


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. James Hastie                  |     |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, a medical discharge.

2.  The applicant states, in effect, he was discharged without the benefit
of a Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB)
following an incapacitating injury.  He contends that he had a severe
cognitive disorder and that he underwent treatment prior to his discharge.
He also contends that when he left active duty he was told he was awarded
20 percent physical disability and that he would be notified of his pending
MEB and PEB dates.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from Active Duty) and an application for Department of Veterans Affairs
compensation and/or pension.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 January 1979.  The application submitted in this case is
dated 5 December 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.  The applicant enlisted on 26 November 1975 for a period of 3 years.  He
successfully completed basic combat training and advanced individual
training in military occupational specialty 11B (infantryman).

4.  The applicant's DA Form 1811 (Physical and Mental Status on Release
from Active Service) shows his physical profile was 111111 on 15 December
1978.

5.  On 25 January 1979, the applicant was honorably released from active
duty under the provisions of Army Regulation 635-200, chapter 2, for
completion of required service and transferred to the U.S. Army Reserve
(USAR) to complete his remaining obligation.


6.  Orders show the applicant was honorably discharged from the USAR
effective 25 November 1981.

7.  There are no service medical records available.

8.  There is no evidence in the available records which shows the applicant
was diagnosed with any mental or medical condition prior to his release
from active duty on 25 January 1979 or his discharge from the USAR on 25
November 1981.

9.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 2, in effect at the time,
provided, in pertinent part, for the discharge or release from active duty
upon termination of enlistment, and other periods of active duty or active
duty for training.

10.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of
Medical Fitness) provides that the basic purpose of the physical profile
serial system is to provide an index to the overall functional capacity of
an individual and is used to assist the unit commander and personnel
officer in their determination of what duty assignments the individual is
capable of performing, and if reclassification action is warranted.  Four
numerical designations (1-4) are used to reflect different levels of
functional capacity in six factors (PULHES):
P-physical capacity or stamina, U-upper extremities, L-lower extremities,
H-hearing and ears, E-eyes, and S-psychiatric.  Numerical designator "1"
under all factors indicates that an individual is considered to possess a
high level of medical fitness and, consequently, is medically fit for any
military assignment.

11.  Title 10, United States Code, chapter 61, provides disability
retirement or separation for a member who is physically unfit to perform
the duties of his office, rank, grade or rating because of disability
incurred while entitled to basic pay.

12.  Army Regulation 635-40 governs the evaluation for physical fitness of
Soldiers who may be unfit to perform their military duties because of
physical disability.  It states that the mere presence of an impairment
does not, of itself, justify a finding of unfitness because of physical
disability.  In each case, it is necessary to compare the nature and degree
of physical disability present with the requirements of the duties the
Soldier reasonably may be expected to perform because of his or her office,
grade, or rank.  It 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 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 indicates
that a Soldier is fit.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he had a severe cognitive disorder
prior to his discharge, there is no medical evidence of record that shows
the applicant had any mental or medical condition prior to his release from
active duty on
25 January 1979.  There is also no evidence of record to show he was ever
medically unfit to perform his duties.  Therefore, there is no basis for
granting a medical discharge.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 25 January 1979; therefore, the time for the
applicant to file a request for correction of any error expired on 24
January 1983.  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

JA_____  DD______  _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.




                                  ____James Anderholm
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000369                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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