IN THE CASE OF:
BOARD DATE: 5 June 2008
DOCKET NUMBER: AR20080000733
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his honorable discharge be changed to a medical discharge.
2. The applicant states, in effect, that he was offered a disability for large intestinal bleeding, but it is not recorded in his military record. The applicant states that he is still suffering from problems in his large intestine and receives treatment at the Department of Veterans Affairs Hospital at Little Rock, Arkansas.
3. The applicant provides no additional documentary evidence in support of this application.
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 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. Records show the applicant was inducted into the Army of the United States on 29 March 1966. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 76S (Auto Repair Parts Specialist).
3. On 28 March 1968, the applicant was honorably released from active duty at Fort Gordon, Georgia, due to the expiration of his term of service (ETS), and transferred to the United States Army Reserve (USAR) Control Group (Annual Training). The applicant served 2 years of total active service. The highest rank the applicant held was specialist four/pay grade E4.
4. Item 35 (Current and Previous Assignments) of the applicant's DA Form
2-1 (Personnel Qualification Record- Part II) shows that the applicant was assigned to the USAR Control Group during the periods 29 March 1968 through 28 March 1972, November 1972 through January 1976, and 17 May 1983 through 4 August 1983.
5. Item 35 of the applicant's DA Form 2-1 also shows he served with in the Ready-Reserve during the periods 1 January 1976 through 1 October 1982 and 5 August 1983 through 19 February 1985.
6. Department of the Army, U.S. Army Reserve Personnel Center, and St. Louis, Missouri Orders D-02-010780, dated 20 February 1985, discharged the applicant from the USAR Control Group (Reinforcement) effective 19 February 1985. The highest rank the applicant held while a member of the USAR was staff sergeant/pay grade E6.
7. There are no medical records in the applicant's available military personnel file that show he was suffering from any medically unfitting conditions or that he was treated for large intestinal bleeding.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his honorable discharge should be upgraded to a medical discharge because he was offered a disability for large intestinal bleeding, but it was not recorded in his military record, is unsubstantiated.
2. Evidence of record does not show nor has the applicant provided documentation to show that he was found to have incurred a disability or rating due to a disability while serving on active duty.
3. Evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation. All requirements of law and regulation were met, and his rights were fully protected throughout the separation process. Accordingly, the type of discharge directed and the reason for discharge are appropriate considering all the facts of the case.
4. In the absence of evidence to the contrary, it is determined the applicant met medical retention standards in the Army in accordance with chapter 3, Army Regulation 40-501.
5. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ___X____ 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.
___________X___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080000377
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ABCMR Record of Proceedings (cont) AR20080000733
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