RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 January 2007
DOCKET NUMBER: AR20070010119
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. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. James E. Vick
Chairperson
Mr. Thomas H. Ray
Member
Mr. Jeffrey C. Redmann
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 the reason for separation be changed on her U.S. Army Reserve Personnel Center (ARPERCEN) Orders C-09-5543000, dated
12 September 1995, from completion of 20 or more years reserve duty to read physical disability.
2. The applicant states, in effect, that the Army Board for Correction of Military Records (ABCMR) corrected her release from active duty orders and her DD Form 214. She has been trying for almost a year to have the above orders corrected.
3. The applicant provides ARPERCEN Orders C-06-700309, dated 9 June 1995; ARPERCEN Orders C-09-554300, dated 12 September 1995; U.S. Army Reserve Personnel Command (AR-PERSCOM) Orders C-09-554300A01, dated 6 June 2000; AR-PERSCOM Orders C-06-701036, dated 6 June 2000; a DD Form 214 (Certificate of Release or Discharge from Active Duty), with the ending period 26 June 1995; a U.S. Army Human Resources Command, St. Louis (USAHRC-STL) Chronological Statement of Retirement Points, dated
20 December 2006; a letter addressed to the Commander, U.S. Army Human Resources Command, dated 28 December 2006; and a two page e-mail.
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 ABCMR to excuse an applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was commissioned in the U.S. Army Reserve (USAR) on
29 March 1973.
3. On 26 June 1995, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement). Item 28 (Narrative Reason for Separation) of her DD Form 214, with the period ending 26 June 1995, as corrected by the ABCMR in Docket Number AC1999027810, shows the entry "DISABILITY, OTHER."
4. ARPERCEN Orders C-09-554300, dated 12 September 1995, show that effective 12 September 1995 the applicant was released from the USAR Control Group (Reinforcement) and assigned to the Retired Reserve by reason of completing 20 or more years reserve duty.
5. The applicant's records contained a memorandum from ARPERCEN, dated
6 November 1995, Subject: Notification of Medical Disqualification. The memorandum stated that the applicant did not meet the standards for retention in the USAR and/or entry on active duty by reason of medical disqualification.
6. AR-PERSCOM Orders C-06-701036, dated 6 June 2000, amended the orders dated 9 June 1995 to show that the applicant was released from active duty on 26 June 1995 by reason of physical disability.
7. AR-PERSCOM Orders C-09-554300A01, dated 6 June 2000, amended ARPERCEN Orders C-09-554300 to change the effective date of assignment to the Retired Reserve from 12 September 1995 to 28 June 1995. The reason for assignment was not changed.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the memorandum from ARPERCEN, dated
6 November 1995, indicated that the applicant did not meet the standards for retention in the USAR and/or entry on active duty by reason of medical disqualification.
2. Furthermore, the applicant's DD Form 214 as corrected by the ABCMR shows she was released from active duty by reason of "DISABILITY, OTHER" and her corrected release from active duty orders show she was released by reason of physical disability. Since the evidence shows the applicant did not meet retention standards because of medical disqualification, her reason for assignment to the Retired Reserve should also have been amended to read medical disqualification/physical disability.
BOARD VOTE:
__JEV_ _ __THR__ __JCR___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that a corrected copy of AR-PERCEN Orders C-09-554300A01, dated 6 June 2000 pertaining to the individual concerned be prepared to show:
a. As reads: Reason: COMPL 20 OR MORE YRS RES DTY; Effective Date: 12 sep 95; and
b. How changed: IATR: Reason: Medical Disqualification/Physical Disability; Effective Date: VOCO 28 June 95 VOCO Confirmed.
______ James E. Vick __
CHAIRPERSON
INDEX
CASE ID
AR20070010119
SUFFIX
RECON
DATE BOARDED
22 JANUARY 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES 1.
110.0200.0000
2.
3.
4.
5.
6.
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