IN THE CASE OF:	  

		BOARD DATE:	  	  30 April 2009

		DOCKET NUMBER:  AR20080018686 


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, correction of his records to show that he was medically retired with a pension and back-pay to 1990.

2.  The applicant states, in effect, he was denied access to legal counsel and a medical board when he was administratively discharged from the U.S. Army.

3.  The applicant provides handwritten insert sheets that provide a description of the copies of the documents he provides, which include a Form 3822-R (Report of Mental Status Evaluation), dated 13 December 1976; DD Form 214 (Report of Separation from Active Duty) with an effective date of 25 August 1978; FORSCOM Form 248-R (Statement of Acceptance), dated 25 August 1978;
DA Form 3686 (Leave and Earnings Statement), period covered 1 - 31 October 1978; Headquarters, First U.S. Army, Fort George G. Meade, MD, Orders 96-6, dated 15 May 1980; NGB Form 22 (Report of Separation and Record of Service) with an effective date of 1 May 1980; NGB Form 55 (Honorable Discharge Certificate), dated 1 May 1980; Department of Defense (DOD) Medical Examination Review Board, U.S. Academy, Colorado Springs, CO, letter, dated 17 January 1985; SF 93 (Report of Medical History), dated 7 August 1986;
SF 88 (Report of Medical Examination), dated 7 August 1986; Headquarters, Army Medical Department Personnel Support Agency, Washington, DC, letter, dated 6 February 1987; DA Form 4629 (Service Agreement - Department of the Army Armed Forces Health Professions Scholarship Program), dated
21 February 1987; Headquarters, U.S. Army Reserve Personnel Center,
St. Louis, MO, letter, dated 30 March 1987, subject:  Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC [U.S. Code] 591 and 593; Headquarters, U.S. Army Reserve Personnel Center, St. Louis, MO, Orders
D-06-906160, dated 27 June 1987; DA Form 256A (Honorable Discharge Certificate), dated 18 April 1987; Headquarters, U.S. Army Reserve Personnel Center, St. Louis, MO, Orders C-06-922391, dated 2 June 1987; DA Form 71 (Oath of Office - Military Personnel), dated 19 April 1987; insert sheet for an Oath of Secrecy, dated 19 April 1987 (Oath of Secrecy not included); DA Form 2496 (Disposition Form), dated 22 May 1987, subject:  Certification of Participation in the U.S. Army Health Professions Scholarship Program; DA Form 1059 (Service School Academic Evaluation Report), period of report 15 June through 28 July 1987; Headquarters, U.S. Army Reserve Personnel Center, St. Louis, MO, Orders T-05-817785, dated 5 May 1988; Optional Form 275 (Medical Record Report), dated 12 July 1988, subject:  Paranoid feelings with attached medical records; applicant's letter, circa March 1989; memorandum, dated 16 January 1990, subject:  Leave of Absence; Headquarters, U.S. Army Health Professional Support Agency, Falls Church, VA, (Corrected Copy) letter, dated 1 February 1990, subject:  Leave of Absence (LOA), Reason:  Medical; insert sheet for Psychological Evaluation, April 1990 (Psychological Evaluation not included); Headquarters, U.S. Army Health Professional Support Agency, Falls Church, VA, letter, dated 5 September 1990; Headquarters, U.S. Army Reserve Personnel Command, St. Louis, MO, letter, dated 22 October 1992; five The Medical College of Georgia, letters, dated 26 August 1992 (date lined-thru), 26 August 1992, and three dated 20 May 1993; Headquarters, U.S. Army Reserve Personnel Command, St. Louis, MO, letter, dated 11 April 1995, subject:  Notification of Medical Disqualification; Headquarters, U.S. Army Reserve Personnel Command, St. Louis, MO, letter, dated 11 April 1995, subject:  Reply to Notification of Medical Disqualification; Department of Veterans Affairs (VA), Atlanta Regional Office, Atlanta, GA, letter, dated 26 June 1995, with enclosures; and Department of VA, Atlanta Regional Office, Atlanta, GA, letter, dated
15 June 2005, with enclosures.

CONSIDERATION OF EVIDENCE:

1.  Title 10, USC, 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 military service records are not available to the Board for review.  Available records consist primarily of documents pertaining to the applicant's enlisted service.  However, those records, along with the records the applicant provides, were sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s military personnel records show he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 6 May 1975.  He was discharged from the USAR on 26 August 1975 and enlisted in the Regular Army (RA) for a period of 3 years on 27 August 1975.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 31M (Multichannel Communications Equipment Operator).  The applicant completed the Medical Specialist course at the U.S. Army Academy of Health Sciences in 1977 and was awarded MOS 91B (Medical Specialist).  He was promoted to the grade of specialist four (SP4)/pay grade E-4, effective 1 April 1977.

4.  In support of his application, the applicant provides the following documents.

 	a.  Form 3822-R, dated 13 December 1976, that shows the applicant was evaluated by the Division Social Worker and Division Psychiatrist who found the applicant's behavior, normal; level of alertness, fully alert; level of orientation, fully oriented; mood, level; thinking process, clear; thought content, normal; and memory, good.  It was also their impression that the applicant was mentally responsible, able to distinguish right from wrong, able to adhere to the right, had the mental capacity to understand and participate in board proceedings, and met the retention standards.  The Remarks section of this document contains the entry "[n]o psychiatric illness evident.  This individual is cleared for any administrative action deemed appropriate by Command.  These beliefs are not a by-product of any neurosis or psychosis."

     b.  DD Form 214 that shows the applicant entered active duty on 27 August 1975, was honorably released from active duty on 25 August 1978, and transferred to the USAR Control Group (Reinforcement) to complete his remaining military service obligation.  At the time of his separation he had completed 2 years, 11 months, and 29 days of net active service this period;
3 months and 21 days of prior inactive service; and 3 years, 3 months, and
20 days of total service for pay.

     c.  FORSCOM Form 248-R, dated 25 August 1978, that shows the applicant voluntarily accepted a USAR assignment in the 3297th U.S. Army Hospital, Chamblee, Georgia.  This document also shows that the applicant was to drill at Lyster Army Hospital, Fort Rucker, Alabama.

     d.  DA Form 3686 for the period 1 - 31 October 1978 that shows September 1978 was the first record month for the applicant's pay and that he drilled on
9 and 10 September 1978, and on 14 October 1978.

     e.  Headquarters, First U.S. Army, Fort George G. Meade, MD, Orders 96-6, dated 15 May 1980, that show, in pertinent part, the applicant was relieved from Headquarters, 3297th U.S. Army Hospital, Chamblee, GA, and assigned to Headquarters and Headquarters Detachment, 31st Support Battalion, Enterprise, Alabama (Alabama Army National Guard (ALARNG)), effective 10 March 1980.

     f.  NGB Form 22 with an effective date of 1 May 1980 and NGB Form 55, dated 1 May 1980, that show the applicant entered the ALARNG on 10 March 1980 and was honorably discharged on 1 May 1980, under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management System) based on erroneous enlistment, and transferred to the USAR Control Group (Standby) to complete his remaining military service obligation.  At the time of his separation he had completed 1 month and 22 days of net service this period;
4 years, 10 months, and 4 days of prior service; and 4 years, 11 months, and
26 days of total service for pay.

     g.  Department of Defense (DoD) Medical Examination Review Board, U.S. Academy, Colorado Springs, CO, letter, dated 17 January 1985, that shows the applicant's Uniformed Services University of Health Sciences (USUHS) physical examination report was received and evaluated, and he was found medically qualified for USUHS.

     h.  SF 93 and SF 88, both dated 7 August 1986, that document the applicant's medical examination on that date.  Item 77 (Examinee) of the SF 88 shows the reviewing medical official indicated "Examinee is qualified for service as in item 5."  Item 5 (Purpose of Examination) of the SF 88 shows that the words "Navy" and "Commission" were circled as the purpose of the examination.

     i.  Headquarters, Army Medical Department (AMEDD) Personnel Support Agency, Washington, DC, letter, dated 6 February 1987, and DA Form 4629, dated 21 February 1987, that show the applicant was selected for participation in the U.S. Army (USA) Health Professions Scholarship Program (HPSP) and that he completed the HPSP service agreement on 21 February 1987.

     j.  Headquarters, U.S. Army Reserve Personnel Center, St. Louis, MO, letter, dated 30 March 1987, subject:  Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 591 and 593, that shows the applicant was appointed a Reserve commissioned officer of the Army, effective upon his acceptance.

     k.  Headquarters, U.S. Army Reserve Personnel Center, St. Louis, MO, Orders D-06-906160, dated 27 June 1987, and DA Form 256A, dated 18 April 1987, that show the applicant was honorably discharged from the USAR, in the grade of specialist five (SP5)/pay grade E-5, effective 18 April 1987.

     l.  Headquarters, U.S. Army Reserve Personnel Center, St. Louis, MO, Orders C-06-922391, dated 2 June 1987, and DA Form 71, dated 19 April 1987, that show the applicant was appointed as a Reserve commissioned officer in the USA HPSP, in the grade of second lieutenant (2LT)/pay grade O-2, effective 19 April 1987.

     m.  The applicant's insert sheet for an Oath of Secrecy, dated 19 April 1987; however, he does not provide a copy of the document.  The applicant indicates this document was "kept and forwarded by Captain H_______."

     n.  DA Form 2496, dated 22 May 1987, subject:  Certification of Participation in the U.S. Army Health Professions Scholarship Program, that shows the applicant met all requirements for receipt of the student stipend for the HPSP.

     o.  DA Form 1059, period of report 15 June through 28 July 1987, that shows the applicant completed the HPSP Level I, AMEDD Officer Basic Course on
24 July 1987.

     p.  Headquarters, U.S. Army Reserve Personnel Center, St. Louis, MO, Orders T-05-817785, dated 5 May 1988, that show the applicant was ordered to active duty for training (ADT) for a period of 45 days and was to report to Europe Landstuhl, 2nd General Hospital (Germany) on 16 June 1988 for HPSP training.

     q.  Optional Form 275, dated 12 July 1988, subject:  Paranoid feelings with attached medical records, that show the applicant reported to the 2nd General Hospital (Germany) and was admitted on 24 June 1988 based on his complaint of paranoid feelings.  This documentation also shows he was discharged from the hospital on 30 June 1988 with the Discharge Diagnosis of "[a]lcohol abuse.  Other diagnosis deferred" and was scheduled for a follow-up appointment with Doctor Margaret M. M_____ at the Mental Health Clinic on 11 July 1988.  An entry, dated 12 July 1988, in pertinent part, shows "[d]rug screen was negative" and [patient] was put on Antabuse, 250 mg p.o. per day at his outpatient clinic appt [appointment] on 11 July."

     r.  Applicant's letter, circa March 1989, that shows he wrote to the Officer Procurement Division, Falls Church, VA, to inform them he was placed on a temporary leave of absence from his medical studies at The Medical College of Georgia and requested that his HPSP benefits be suspended until his reinstatement, which was scheduled for August 1989.

     s.  Applicant's memorandum, dated 16 January 1990, subject:  Leave of Absence, that shows he wrote to the Officer Procurement Division, Falls Church, VA, to request a leave of absence due to medical reasons, effective 8 December 1989.  This document also shows the applicant indicated the leave of absence will coincide with his leave of absence from his medical studies.  He also requested that his HPSP benefits be suspended until his reinstatement.

     t.  Headquarters, U.S. Army Health Professional Support Agency, Falls Church, VA, (Corrected Copy) letter, dated 1 February 1990, subject:  Leave of Absence (LOA), Reason:  Medical, that shows the applicant's request for LOA was granted for the period 6 December 1989 to an unknown date.  The letter also shows the applicant was advised he must inform his AMEDD Personnel Counselor of any changes in his status during his LOA.  It was also noted that the applicant's anticipated graduation date was June 1991.

     u.  The applicant's insert sheet for Psychological Evaluation, April 1990; however, he does not provide a copy of the document.  The applicant indicates that the psychological evaluation was conducted by Doctor (Colonel) L____ at Eisenhower Army Medical Center, but neither his records nor the evaluation were ever located.  The applicant also indicates he was "not advised of rights" and "JAG [Judge Advocate General] refused to talk to me."

     v.  Headquarters, U.S. Army Health Professional Support Agency, Falls Church, VA, letter, dated 5 September 1990, that shows, in pertinent part, the applicant was informed by the Chief, Officer Procurement Division, that it was determined he was not medically qualified for participation in the USA HPSP and that the applicant would be receiving a revocation of appointment letter.

     w.  Headquarters, U.S. Army Reserve Personnel Command, St. Louis, MO, letter, dated 22 October 1992, that shows, in pertinent part, Doctor Bill B______, The Medical College of Georgia, Augusta, GA, was informed that the applicant's medical records were not on file at the U.S. Army Reserve Personnel Center and he was advised to contact the VA Records Processing Center, St. Louis, MO.

     x.  Five letters from Doctor William M. B______, Assistant Professor, Department of Psychiatry, The Medical College of Georgia, dated 26 August 1992 (date lined-thru), 26 August 1992, and three dated 20 May 1993.  Three of these letters are addressed to the Social Security Administration, Disability Determination Unit, Augusta, GA; two are addressed to the VA, Disability Determination Unit, Augusta, GA; and one is addressed to "To Whom It May Concern."  All five of the letters show that the applicant has shown persistent signs and symptoms of a Schizoaffective Disorder with severe paranoid delusions that can be traced as far back as June 1988 when he was on ADT in Germany.  Doctor B______ also indicates that during the past five years the applicant's functional abilities gradually declined to the level where he was no longer able to perform any gainful employment, he voluntarily withdrew from medical school, and is unable to support himself.

     y.  Headquarters, U.S. Army Reserve Personnel Command, St. Louis, MO, letter, dated 11 April 1995, subject:  Notification of Medical Disqualification, that shows the Chief, Physical Evaluation Branch, Command Surgeon's Office, notified the applicant that a review of his Army medical records revealed that the applicant does not meet the standards for retention in the USAR and/or active duty by reason of Army Regulation 40-501 (Standards of Medical Fitness), paragraphs 2-30, 2-31, 2-25, 3-31, and 3-32.  The applicant was informed that he must elect either discharge from the USAR, transfer to the Retired Reserve, or request a waiver for retention.  The applicant was also informed that he must complete the option on the enclosed form and return it by 11 June 1995, and that failure to reply by the specified date will result in his automatic discharge.

     z.  Headquarters, U.S. Army Reserve Personnel Command, St. Louis, MO, letter, dated 11 April 1995, subject:  Reply to Notification of Medical Disqualification.  This document is absent any indication that the applicant elected to be discharged from the USAR; transferred to the Retired Reserve; or that he requested a waiver for retention in the Active Reserve, and the letter was not signed or dated by the applicant.

     aa.  Department of VA, Atlanta Regional Office, Atlanta, GA, letter, dated
26 June 1995, with enclosures, that shows the applicant's request for compensation claim for service connection for schizoaffective disorder was denied.  This documentation also shows, in pertinent part, "[r]egardless of the exact date of the first auditory hallucination, the weight of evidence in this case supports no determinative link between the veteran's current schizoaffective disorder and his military reserve service in June, 1988."

     bb.  Department of VA, Atlanta Regional Office, Atlanta, GA, letter, dated
15 June 2005, with enclosures, that shows the VA received the applicant's Notice of Disagreement on 4 November 1995 and determined that service connection for schizoaffective disorder was granted with an evaluation of 30 percent, effective 12 May 1993.  This documentation shows, in pertinent part, "[i]n this case, service connection for schizoaffective disorder is granted based on onset of the symptoms while on active duty for training in June 1988 with diagnosis in April, 1989 within a year of discharge from active duty training.

5.  The applicant's military personnel records contain a copy of Headquarters, U.S. Army Reserve Personnel Center, St. Louis, Missouri, Orders D-06-551683, dated 21 June 1995, that show he was honorably discharged from the USAR, effective 21 June 1995.

6.  The applicant's military personnel records contain a DD Form 149 (Application for Correction of Military Record Under the Provision of Title 10, U.S. Code, Section 1552), dated 29 November 1995, that shows the applicant requested his records be corrected to show he was medically retired from the U.S. Army, along with all benefits, privileges, and retirement back-pay, effective September 1990.  On 14 April 1999, the Director, ABCMR, advised the applicant that an exhaustive search was undertaken to locate his military records, but they could not be found.  The Director, ABCMR, also indicated that since the Board is not an investigative body and there is a rebuttable presumption that what the Army did in the applicant's case was correct, the applicant was advised that the ABCMR could not process his application without his official military personnel records.  He was also advised that he may resubmit his application, along with his records, and his case would be reopened.  Accordingly, the applicant's application was returned without action by the Board.

7.  Chapter 61, Title 10, USC, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability.  The U.S. Army Physical Disability Agency, under the operational control of the Commander, U.S. Army Human Resources Command, Alexandria, Virginia, is responsible for operating the Physical Disability Evaluation System and executes Secretary of the Army decision-making authority as directed by Congress in Chapter 61, Title 10 USC, and in accordance with Department of Defense Directive 1332.18 (Separation or Retirement for Physical Disability) and Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).

8.  Army Regulation 635-40, in effect at the time of the applicant's discharge, set forth policies, responsibilities, and procedures in determining whether a Soldier was unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  

9.  Paragraph 4-10 (The Medical Evaluation Board(MEB)) of Army Regulation 635-40 provides that medical evaluation boards are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualification for retention based on the criteria in Army Regulation 40-501, Chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement).  If the MEB determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a PEB.

10.  Paragraph 4-20 (Informal board) of Army Regulation 635-40 provides that each case is first considered by an informal PEB.  This paragraph states, in pertinent part, an informal board must ensure that each case considered is complete and correct.  The rapid processing intended by the use of informal boards must not override the fundamental requirement for detailed and uniform evaluation of each case.  All evidence in the case file must be closely examined and additional evidence obtained, if required.

11.  Department of Defense Instruction (DoDI) 1332.38 (Physical Disability Evaluation), dated 14 November 1996, implemented policy, assigned responsibility, and prescribed procedures for retiring or separating service members because of physical disability.  This DoDI was the first for authorizing a fitness determination for members of the Ready Reserve who were ineligible for benefits because the condition was unrelated to military status and duty and was effective for all MEBs 120 days after the date of the DoDI.

12.  Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.  Section 1203 provides for the physical disability separation with severance pay of a member who has less than 20 years service and a disability rated at less than 30 percent.

13.  Title 38, U.S. Code, sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active military service.  However, an award of a higher VA rating does not establish 
error or injustice in the Army rating.  An Army disability rating is intended to compensate an individual for interruption of a military career after it has been determined that the individual suffers from an impairment that disqualifies him or her from further military service.  The VA, which has neither the authority, nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affect the individual’s civilian employability.  Accordingly, it is not unusual for the two agencies of the Government, operating under different policies, to arrive at a different disability rating based on the same impairment.  Furthermore, unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency’s examinations and findings.  The Army rates only conditions determined to be physically unfitting at the time of discharge, thus compensating the individual for loss of a career; while the VA may rate any service connected impairment, including those that are detected after discharge, in order to compensate the individual for loss of civilian employability.

14.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show he was medically retired from the U.S. Army with a pension and back-pay to 1990 because he was denied a medical board when he was administratively discharged from the U.S. Army.

2.  The evidence of record, which includes the documentation provided by the applicant in support of his request, appears to confirm the applicant’s medical condition (i.e., psychiatric problems).  In this regard, based on a thorough review of the evidence of record, it appears the applicant’s psychiatric problems began in 1987.

3.  The evidence of record shows that the applicant was ordered to ADT for a period of 45 days on 16 June 1988 for HPSP training at Europe Landstuhl,
2nd General Hospital (Germany) and he was admitted to the 2nd General Hospital on 24 June 1988 based on his complaint of paranoid feelings.  The evidence of record also shows that the applicant was discharged from the hospital on 30 June 1988 with the diagnosis of “alcohol abuse” and “other diagnosis deferred."  Thus, even if not precisely diagnosed, the evidence of record indicates the applicant’s psychiatric problems began prior to his ADT.

4.  The evidence of record shows that, on 5 September 1990, the Chief, Office Procurement Division, U.S. Army Health Professional Support Agency, Falls Church, VA, informed the applicant that it was determined he was not medically qualified for participation in the USA HPSP.  The evidence of record also shows that, on 11 April 1995, the Chief, Physical Evaluation Branch, Command Surgeon’s Office, U.S. Army Reserve Personnel Command, St. Louis, MO, notified the applicant that a review of his Army medical records revealed that the applicant did not meet the standards for retention in the USAR and/or active duty by reason of Army Regulation 40-501.  The evidence of record further shows that the applicant was informed he must elect either discharge from the USAR, transfer to the Retired Reserve, or request a waiver for retention, and that failure to reply by the specified date would result in his automatic discharge.  The applicant was afforded 60 days (i.e., until 11 June 1995) to complete and return his election of an option; however, there is no evidence that the applicant completed and/or returned the document.  Accordingly, the applicant was honorably discharged from the USAR, effective 21 June 1995.

5.  The evidence of record shows that on 14 November 1996 the first DoDI was issued authorizing a fitness determination for members of the Ready Reserve who were ineligible for benefits because the condition was unrelated to military status and duty, and that this policy was effective for all MEBs 120 days after the date of the DoDI.  Records show that this DoDI was implemented subsequent to the applicant's discharge from the USAR.  Thus, the applicant was not entitled to an MEB at the time of his discharge.

6.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial credible evidence to rebut the presumption.  The applicant fails to provide such evidence.  Thus, the applicant is not entitled to correction of his records to show he was found unfit by a medical board.

7.  The VA determination of service connection for the applicant’s schizoaffective disorder is noted.  However, the Army rates only conditions determined to be physically unfitting that were incurred or aggravated during the period of service. The VA (and some other government agencies) on the other hand, provides compensation for disabilities which it determines were incurred in or aggravated by active military service and which impair the individual's industrial or social functioning.  Moreover, the law requires the VA must give the veteran the benefit of any reasonable doubt.  The fact that the VA (or any other government agency), in its discretion, awarded the applicant a higher disability rating than that which he received from the U.S. Army, is a prerogative exercised within the policies of that agency.  Therefore, in view of all of the foregoing, the applicant is not entitled to correction of his records to show he was medically retired from the U.S. Army with a pension.

8.  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:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20080018686



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018686



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1