IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080010672
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 that he believes the type of discharge was incorrect and that he was to be medically discharged in 1987 at Schofield Barracks in Hawaii.
3. The applicant provides no additional evidence in support of his 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. Having prior service, the applicant enlisted on 11 July 1978 and served as a combat signaler. He attained the rank of sergeant. On 13 February 1987, he was honorably discharged under the provision of Army Regulation 635-200, paragraph 16-8, for reduction in authorized strength fiscal year 87 Early Transition Program. He had completed a total of 11 years, 3 months, and
11 days of creditable active service.
3. The applicants final DA Form 2166-6 (Enlisted Evaluation Report) covering the period February 1986 to April 1986 shows that he was rated 5 (scoring scale is 0 to 5 with 5 being the highest) for physical fitness.
4. The applicants DA Form 2A (Personnel Qualification Record, Part I), prepared on 7 March 1986, shows his physical profile was 111111.
5. There is no evidence of record which shows the applicant was diagnosed with any unfitting medical condition prior to his discharge on 13 February 1987.
6. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 16-8 of this regulation sets forth the requirements for early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints. The service of personnel separated under this paragraph will be characterized as honorable.
7. 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.
8. 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.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends that he was to be medically discharged from the Army in 1987, there is no evidence of record to support this contention. There is no medical evidence of record that shows the applicant had any medical condition prior to his discharge on 13 February 1987. There is also no evidence of record to show he was ever medically unfit to perform his duties. Therefore, there is insufficient evidence to show the applicant was eligible for physical disability processing and there is no basis for a medical discharge.
2. There is insufficient evidence that would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ __xx____ _xx____ 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.
_______ _xxxx______ ___
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.
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