IN THE CASE OF:
BOARD DATE: 18 NOVEMBER 2008
DOCKET NUMBER: AR20080012734
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 that his retirement orders be corrected to show that his medical disqualifications were incurred in the line of duty.
2. The applicant states that his retirement orders stated Not In Line Of Duty. He states that his mental and physical disabilities all started when he was in Iraq. He states that his back and neck pain was the result of his falling from a trailer while he was tightening a load when he was on a mission in Iraq and that he began suffering from Post Traumatic Stress Disorder (PTSD) as a result of serving in Iraq.
3. The applicant provides in support of his application, an authorize for release of information to his Representative in Congress, dated 12 January 2008; a letter from his Representative in Congress, addressed to the Director, Army Review Boards Agency, dated 2 August 2008, requesting to be kept advised of all developments in his case; and a letter from the Department of the Army Review Boards Agency, Support Division, addressed to his Representative in Congress, acknowledging receipt of his Application for Correction of Military Records (DD Form 149).
CONSIDERATION OF EVIDENCE:
1. After completing 3 years of prior active Federal service and 11 years,
7 months and 4 days of prior Reserve component service, the applicant enlisted in the Virginia Army National Guard (VAARNG) for 6 years on 28 January 1992.
2. On 17 June 1992, after completing 4 months and 20 days of net service this period, the applicant was discharged from the VAARNG, under honorable conditions, under the provisions of National Guard Regulation 600-200, paragraph 8-26o, due to unsatisfactory performance.
3. On 9 October 2003, the applicant enlisted in the United States Army Reserve for 8 years, in the pay grade of E-4.
4. The available records indicate that on 27 February 2007, the applicant was placed on a physical profile due to chronic neck pain (Cervical Degenerative Disc Disease), chronic low back pain (Lumbar Degenerative Disc Disease), and PTSD. The profiling officer noted the only function that the applicant could perform was walking at his own pace and distance. He could not perform any overhead work, and he could not perform assignments outside of the Continental United States without definitive care (psychiatric or otherwise).
5. Orders 07-238-00085 were published on 26 August 2007, releasing the applicant from his assignment and assigning him to the Retired Reserve with an effective date of 30 September 2007. The orders show MEDICALLY DISQUALIFIED NOT RESULT OF OWN MISCONDUCT as the reason for his release.
6. A review of the orders 07-238-00085 does not reflect whether or not his mental and physical conditions were incurred in the line of duty.
7. On 26 September 2007 the applicant was furnished his Notification of Eligibility for Retired Pay at Age 60 (Selected Reserve 15-Year Letter). The letter indicates that he requested to be transferred to the Retired Reserve.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show, 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. A review of the applicant retirement orders does not reflect whether or not his mental and physical conditions were incurred in the line of duty. His retirement orders show that he was medically disqualified and that his conditions were not the result of his own misconduct.
3. Based on the available evidence, there is no basis for granting the applicants request.
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.
_______ xxx_ _______ ___
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) AR20080012734
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