BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090004294
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 a medical retirement.
2. The applicant states that he should have been medically retired due to the reduction in authorized strength. He contends that his medical records show his illness is service connected.
3. The applicant provides a Standard Form 180 (Request Pertaining to Military Records) 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. The applicant enlisted in the Regular Army on 13 November 1972. He served as a wire systems installer and remained on active duty through continuous reenlistments.
3. On 10 February 1988, the applicant underwent a physical separation examination and was found qualified for separation with a physical profile of "111111." In item 8 (Statement of Examinees Present Health and Medications Currently Used) on his Standard Form 93 (Report of Medical History), dated
10 February 1988, he reported that he was in Good Health" and "I am no [sic] medication."
4. On 31 May 1989, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 16, paragraph 16-8, for reduction in authorized strength - Qualitative Early Transition. He had completed a total of 16 years, 6 months, and 18 days of creditable active service.
5. There is no evidence of record which shows the applicant was diagnosed with any mental or medical condition prior to his discharge on 31 May 1989.
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. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. The unfitness is of such a degree that a Soldier is unable to perform the duties of his office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.
9. Title 10, U.S. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, evidence of record shows the applicant was honorably discharged for reduction in authorized strength - Qualitative Early Transition and he was found qualified for separation on 10 February 1988 with a physical profile of "111111." In addition, he reported that he was in good health at that time and was not taking any medications.
2. There is no evidence to show that the applicant could not perform his duties while on active duty. Therefore, there is insufficient evidence to show a medical retirement was warranted.
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.
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