IN THE CASE OF:
BOARD DATE: 8 October 2009
DOCKET NUMBER: AR20090004630
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 her discharge be changed to a medical retirement or shown as a discharge for medical reasons.
2. The applicant states nothing other than to look at her 2005 Department of Veterans Affairs (DVA) decisional document.
3. The applicant provides a copy of her 25 May 2005 DVA decisional document.
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's records are incomplete. The available record does not include her service medical records, enlistment documents, or documentation of her reason for separation.
3. The DD Form 214 (Report of Transfer or Discharge) shows Regular Army service from 1 October 1970 through 23 April 1971. She completed 6 months and 23 days of creditable active service. The authority and reason for separation are shown as Army Regulation 635-200 with a Separation Program Number (SPN) of 221, pregnancy.
4. The DVA granted the applicant service connection for Post Traumatic Stress Disorder (PTSD) at some undocumented point. The applicant reopened her DVA claim and was awarded an additional disability evaluation for a gastric condition secondary to the PTSD.
5. Army Regulation 40-501, paragraph 3-3b(1) provides that for an individual to be found unfit by reason of physical disability, they must be unable to perform the duties of their office, grade, rank or rating.
DISCUSSION AND CONCLUSIONS:
1. The applicant gives no rationale or reason for her request for a medical separation or medical retirement but it appears she is implying she suffered from PTSD based upon her DVA rating.
2. There is no evidence of record to show the applicant suffered from PTSD while in the Army in 1970/1971 or that she was unable to perform her duties for any reason.
3. 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.
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