RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
   


	BOARD DATE:	  4 October 2007
	DOCKET NUMBER:  AR20070007594 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Susan A. Powers

Chairperson

Mr. Edward E. Montgomery

Member

Mr. Qawiy A. Sabree

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 her military records be corrected to show the type of discharge as medical instead of relief from active duty. 

2.  The applicant states that at the time of her separation, she was undergoing medical treatment for a skin condition, depression, and a broken finger, all resulting from what she called an abusive military career.  She further states that she was held under duress on a constant basis, repeatedly punished by military personnel about military policies, and suffered physical and mental abuse.  She concludes that she is in constant fear from the traumatic incidents she experienced in the military. 

3.  The applicant provides copies of her chronological record of medical care throughout 1986 and 1987 as well as a copy of her Standard Form (SF) 93 (Report of Medical History) dated 14 February 1989.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that she enlisted in the Regular Army on 20 May 1986 for a period of 3 years.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 94B (Food Service Specialist).  She was honorably discharged and assigned to the U.S. Army Reserve (USAR) Control Group on 19 May 1989.

3.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) the applicant was issued shows hat she was honorably released from active duty on 19 May 1989 in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations) for expiration of term of service.  The form further shows that she completed 3 years of creditable active military service.
4.  On 5 July 1989, the applicant was relieved from the U.S. Army Reserve Control Group (Reinforcement) and assigned to the 801st Medical Hospital, Chicago, Illinois, effective 7 July 1989. 

5.  The applicant's attendance records at the 801st Medical Hospital show that she was absent from the Unit Training Assembly (UTA) or Multiple Unit Training Assemblies (MUTA) on numerous occasions, resulting in her release from her assignment for unsatisfactory participation.  She was further reassigned to the USAR Control Group effective 11 February 1994.  

6.  On 28 June 1994, the applicant was honorably discharged from the USAR.  U.S. Army Reserve Personnel Center, St. Louis, Missouri, Orders Number        D-06-49559, dated 28 June 1994, show that the applicant was discharged and further state "Subject being discharged although assigned to this organization, is not present for duty.  Discharge certificate and discharge orders are being mailed to last known address as of 11 July 1994." 

7.  The chronological records of medical care submitted by the applicant reflect the following diagnosis and/or treatment at different military treatment facilities:

	a.  On 3 July 1986, the applicant was coughing during physical training.

	b.  On 7 July 1986, stiffness and sharp pain during grass drills.

	c.  11 July 1986, strain.

	d.  20 February 1987, pain in right wrist.

	e.  23 February 1987, sore wrist.

	f.  24 February 1987, pain from injury made her gripping and working as a cook very difficult.

	g.  23 April 1987, headache, stress, anger, and mild depression.

	h.  24 April 1987, headache due to stress.

	i.  27 April 1987, weight loss and headache.




	i.  29 April 1987, headache.

	j.  8 August 1988, leg pain, difficulty moving around.

	l.  24 October 1988, neck pain.

8.  The applicant's SF88 (Report of Medical History), dated 14 February 1989, shows that she underwent a separation physical.  The form shows that the applicant was under care for urticaria at the Dermatology/Allergy.

9.  There is no evidence in the applicant's records that indicates she was punished by her superiors about military policies.  There is no record of counseling or punishment under Article 15 of the Uniformed Code of Military Justice (UCMJ).

10.  There is no evidence in the applicant's records that indicates she was ever under duress. 

11.  The applicant's medical records show that on 9 September 1990, she underwent a medical examination for USAR qualification and stated that she was in good health and was prescribed medications.  The attending physician found the applicant fully qualified for USAR service.  

12.  The applicant's records also show that on 17 November 1991, she underwent a medical examination for USAR qualification.  She stated "none" under examinee's present health and medications currently used.  Additionally, she was found fully qualified for USAR service and her physical category code was "A," indicating that she was medically qualified. 

13.  There is no evidence in the applicant's records that indicates she received a permanent profile and there is no evidence that the applicant underwent a medical evaluation board (MEB). 

14.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) provides the enlisted MOS classification structure in the Army.  Section XXVII of this regulation describes the career management field for food service.  It states in pertinent part that a Food Service Specialist (MOS 94B) prepares and cooks food in a field, garrison, or central food preparation activities.



15.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), governs the evaluation for physical fitness of Soldiers who may be unfit for their military duties because of physical disability.  This regulation applies to the Active Army, the Army National Guard and the U.S. Army Reserve.

16.  Paragraph 3-2b of Army Regulation 635-40 provides for retirement or separation from active service.  This provision of regulation 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.  The regulation also states that, 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 creates a presumption that the Soldier is fit.

17.  Paragraph 8-4 of Army Regulation 635-40 requires a commander to refer a Soldier to the responsible medical treatment facility when the unit commander believes the Soldier is unable to perform the duties of his or her office, grade, rank or rating because of physical disability.  This provision of regulation requires that the request will be in writing and will state the commander’s reasons for believing that the Soldier is unable to perform his or her duties.  This paragraph also requires that commanders of Reserve units not on active duty will be guided by Army Regulation 40-501 (Standards of Medical Fitness) and chapter 8 of Army Regulation 635-40.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her records should be corrected to show medical separation.

2.  The available evidence shows the applicant was separated from the Regular Army with the benefit of a medical evaluation prior to her separation.  At that time, she was fully qualified for separation.  Additionally, there is no evidence in the applicant's records that indicate she was issued a permanent profile or that a medical evaluation board was convened to evaluate her medical status.  The applicant was released from active duty due to expiration of her enlistment.

3.  Subsequent to her separation from the Regular Army, the applicant sought active USAR service and was medically cleared for same.

4.  Even if the applicant was being treated for a medical condition at the time of separation it does not change the fact that she was found to meet retention standards.  

5.  There is no evidence in the applicant's records (Permanent Profile, Medical Evaluation Board or Physical Evaluation Board proceedings) and the applicant failed to provide sufficient evidence to show that she was separated for medical reasons.  In view of the foregoing, the applicant is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__sap___  __eem___  __qas___  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.




							Susan A. Powers
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070007594
SUFFIX

RECON

DATE BOARDED
20071004
TYPE OF DISCHARGE
(HD)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR 635-200, Chap 4
DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
144.0000
2.

3.

4.

5.

6.