RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            09 January 2007
      DOCKET NUMBER:   AR20060007557


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Mr. Scott Faught                  |     |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 his honorable discharge be changed to a
discharge by reason of physical disability.

2.  The applicant states, in effect, that he should have been either
medically retired or discharged by reason of physical disability because he
entered into active duty with problems that were not detected.

3.  The applicant provides copies of his civilian medical records dating
back to 1995 and showing he was diagnosed and is being treated for heart
disease.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 16 July 1982.  The application submitted in this case is dated
19 May 2006.

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 was born on 12 December 1958 and enlisted in the Regular
Army on 5 October 1976 for a period of 3 years, training as a tactical wire
operations specialist and assignment to Korea.  He completed his training
at Fort Jackson, South Carolina and was transferred to Korea, where he
served for 1 year, until he was transferred to Fort Sill, Oklahoma on 8
July 1978.

4.  On 18 July 1979, he was honorably discharged for the purpose of
immediate reenlistment.  He reenlisted on 19 July 1979 for a period of 3
years and training as a personnel records specialist.  He completed his
training and remained assigned to Fort Sill until he was honorably released
from active duty on 16 July 1982, due to completion of required service
(ETS).  On 1 January 1983, he was honorably discharged from the United
States Army Reserve (USAR) due to completion of his statutory obligation.

5.  On 9 April 1985, he enlisted in the Oklahoma Army National Guard for 1
year and on 24 June 1985, he voluntarily transferred to the Tennessee Army
National Guard (TNARNG).  He was promoted to the pay grade of E-5 on 7 June
1986 and on 31 March 1992, he was honorably discharged from the TNARNG
under the provisions of National Guard Regulation 600-200, paragraph 8-27s,
due to incompatible occupation.  He was transferred to the USAR Control
Group (Reinforcement) and on 11 April 1995, he was honorably discharged
from the USAR.

6.  A review of the applicant’s records fails to indicate that the
applicant complained of or was treated for any heart/coronary related
conditions during any of his periods of service.

7.  Title 38, United States Code, sections 310 and 331, permits the VA to
award compensation for a medical condition which was incurred in or
aggravated by active military service.  The VA, however, is not required by
law to determine medical unfitness for further military service.  The VA,
in accordance with its own policies and regulations, awards compensation
solely on the basis that a medical condition exists and that said medical
condition reduces or impairs the social or industrial adaptability of the
individual concerned.  Consequently, due to the two concepts involved, an
individual's medical condition, although not considered medically unfitting
for military service at the time of processing for separation, discharge or
retirement, may be sufficient to qualify the individual for VA benefits
based on an evaluation by that agency.

8.  Army Regulation 635-40, Physical Evaluation for Retention, Retirement,
or Separation, provides 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 member may
reasonably be expected to perform because of his or her office, rank, grade
or rating.

DISCUSSION AND CONCLUSIONS:

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

2.  The applicant’s separation in each instance was administratively
correct and in conformance with applicable regulations with no indication
of any violations of the applicant’s rights.

3.  Accordingly, the type of discharge directed and the reasons therefore
were appropriate under the circumstances.

4.  The applicant’s contention that his condition existed prior to entry
into the service (EPTS) and was not diagnosed has been noted; however, had
the condition been diagnosed while he was in the service as a condition
that EPTS, he still would not have been medically retired or discharged
because such conditions are not caused by military service and thus are not
entitled to compensation.

5.  The applicant’s contentions and supporting documents have been noted
and found to be without merit.  He has failed to show through the evidence
submitted and the evidence of record that separation through medical
channels was warranted at the time of separation or that he was not found
fit for separation.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 July 1982; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 15 July 1985.  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____  ____JP__  ___SF __  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                 |AR20060007557                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070109                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19820716                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |177/MED RET                             |
|1.108.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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