IN THE CASE OF:
BOARD DATE: 29 December 2009
DOCKET NUMBER: AR20090011567
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 honorable discharge for completion of required service be corrected to a medical discharge.
2. The applicant states that he does not believe he was medically cleared prior to his discharge. He adds that he had to seek medical treatment after his release from active duty (REFRAD).
3. The applicant does not provide any additional documents.
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 military records show that he enlisted in the Regular Army on 29 April 1980, was awarded the military occupational specialty of infantryman, served in Germany, and was promoted to pay grade E-3.
3. On 28 April 1983, the applicant was honorably released from active duty and transferred to the US Army Reserve (USAR) Control Group (Reinforcement).
4. While in the USAR Control Group, the applicant was processed for reenlistment. During his reenlistment processing, a DARP Form 1984 (Reenlistment/Extension Worksheet) was prepared. On that worksheet it was stated that the applicant was given a physical examination in February 1983.
5. Army Regulation 635-40 provides that the medical treatment facility commander with the primary care responsibility will evaluate those referred to him and will, if it appears as though the member is not medically qualified to perform duty or fails to meet retention criteria, refer the member to a medical evaluation board (MEB). Those members who do not meet medical retention standards will be referred to a physical evaluation board (PEB) for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition. Those Soldiers determined physically unfit to perform their duties will be either discharged with severance pay or placed on the Retired List, depending on their percentage of disability.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed his enlistment with no indication that he was medically disqualified.
2. While the applicant's medical records were not provided to the Board, when the applicant was being processed for reenlistment it was stated that he was given a physical examination in February 1983. Since the applicant was released from active duty on 28 April 1983, it must be presumed in the absence of evidence of a sudden debilitating disease or injury between February and 28 April 1983 that the applicant was medically qualified for separation.
3. In view of the foregoing, there is insufficient evidence in which to grant the applicant's 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.
_______ _ _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) AR20090011567
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ABCMR Record of Proceedings (cont) AR20090011567
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