IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100000463 


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 his honorable discharge from the U.S. Army Reserve (USAR) be changed to a medical discharge or that he be reinstated in the USAR to complete his remaining 5 years of service for a 20-year retirement.  He also requests credit for the past 2 years.  

2.  The applicant states the following:

* He has 13 years of creditable military service
* He was activated for deployment in 2006
* He was not able to deploy due to high blood pressure 
* He believes he was discharged because he was unable to deploy and he wrote to his congressman for help
* His blood pressure was resolved many months ago yet the Army still blocks his ability to reenlist
* He has a fully qualified Military Entrance Processing Station (MEPS) physical examination from 2008
* He may now be too old to reenlist since the Army ignored his requests for the past 2 years







3.  The applicant provides the following documents in support of his application:

* Several congressional correspondence
* Memorandum, subject: Request for Exemption from Active Duty
* Letters from the Delay and Exemption Board, Office of the Commander, Veterans Support Branch, U.S. Equal Employment Opportunity Commission
* Letter addressed to the Secretary of the Army
* Discharge orders and Honorable Discharge Certificate from the USAR
* Medical Worksheet from the Veterans Affairs (VA) Medical Center
* DD Form 4/1 (Enlistment/Reenlistment Document)
* DD Form 2808 (Report of Medical Examination)
* ECG [electrocardiogram] results
* DD Form 2807-1 (Report of Medical History)
* Email correspondence

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 22 August 1954.  He completed prior service in the Regular Army, U.S. Air Force, and the Air National Guard.  After a break in service, the applicant enlisted in the USAR on 19 September 1987 and continued to serve in the Reserve component.  

2.  He was ordered to active duty on 21 November 1990 in support of Operation Desert Shield/Desert Storm and was released from active duty on 4 June 1991.  

3.  The applicant underwent a periodic (over 40) physical examination on 12 July 1996.  His Standard Form 88 (Report of Medical Examination) indicated his blood pressure readings were 124 (systolic) for his top number and 80 (diastolic) for his bottom number.  The examining physician indicated the applicant had hypertension, was medically treated, and was normalized.  He was given a physical profile of 111221.

4.  On 15 June 2006, the applicant underwent a physical examination for the purpose of retention in the USAR.  His blood pressure readings were 130 (systolic) for his top number and 88 (diastolic) for his bottom number.  The examining physician stated the applicant was physically fit for retention and he was given a physical profile of 111111.  

5.  On 27 November 2006, orders were published which ordered the applicant to active duty for mobilization in support of Operation Iraqi Freedom.  These orders were amended several times to show the report date as no later than 18 November 2007.
6.  The applicant’s request for exemption from mobilization pursuant to Army Regulation 601-25 (Delay in Reporting for an Exemption from Active Duty, Initial Active Duty for Training, and Reserve Forces Duty) is not available.  

7.  In a memorandum, dated 23 October 2007, the commanding officer (CO) of the Human Resources Command, St. Louis (HRC-STL) stated the applicant’s request for exemption had been approved.  As a result of his approved exemption from active duty, his status in the Army Reserve was changed.  He was advised he would be discharged and to contact the Delay and Exemption Team at HRC-STL for any inquiries concerning this matter.  

8.  Orders published on 2 November 2007 revoked the applicant’s active duty orders, dated 27 November 2006.  

9.  Orders published on 7 December 2007 discharged the applicant from the USAR effective 6 December 2007.

10.  In a memorandum, dated 16 January 2008, the CO of HRC-STL responded to the applicant and stated the following:

* The applicant was issued mobilization orders in November 2006 
* The applicant submitted a request to delay his entry on active duty for 77 days
* The applicant’s application was based on several medical conditions as well as his employment at a MEPS
* The applicant submitted a request for exemption from mobilization pursuant to Army Regulation 601-25 on 19 March 2007
* The applicant signed a request for discharge 
* The applicant was not granted an exemption, but he was granted
a 154-delay
* The applicant appealed the decision on 15 May 2007 and was granted an exemption
* The applicant was discharged in accordance with paragraph 4-11a(1) of Army Regulation 601-25 because he was not eligible for transfer to the Retired Reserve and he was properly separated from the USAR

11.  On 29 October 2008, the applicant underwent a physical examination for the purpose of enlistment in the Army.  His Report of Medical History shows his blood pressure readings were 138 for the top number and 88 for the bottom number.  He was determined to be qualified for service with a physical profile of 111111.  On his Report of Medical History, the applicant marked “yes” in block 16(f) indicating he had high or low blood pressure and commented that he had been treated at the VA Medical Center (January 2006 to April 2008) and he was placed on medication to regulate borderline hypertension.  

12.  In a letter, dated 25 March 2009, addressed to the U.S. Army Recruiting Command, the applicant stated in part “The USAR was not able to take me off deployment and return me to the Standby Reserves (even though Chapter 8 regs say it basically was the right thing to do).  So I opted to just ask for a discharge.  The USAR agreed…”

13.  The applicant’s Chronological Statement of Retirement Points show he was credited with 12 years, 6 months, and 5 days of qualifying service for retirement at age 60.  

14.  The applicant provided email correspondence which indicated he contacted an Army Reserve career counselor in regard to returning to the USAR.  

15.  Army Regulation 601-25 (Delay in Reporting for an Exemption from Active Duty, Initial Active Duty for Training, and Reserve Forces Duty), paragraph 4-11 states that a member approved for exemption from entry on active duty must be removed from current status.  A nonobligated member will be discharged unless the member is eligible and elects transfer to the Retired Reserve.  Members requesting exemption must sign a request for discharge.  

16.  Army Regulation 635-40 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.  

17.  Title 10, U. S. Code, sections 12731 through 12739 authorize retired pay for Reserve Component military service.  Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  After 1 July 1949, a qualifying year is one in which a Reserve Soldier earned 50 retirement points or more.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year, and which count as qualifying years of service for retirement benefits at age 60.






18.  The Mayo Clinic website states the blood pressure readings fall into four general categories, ranging from normal to stage 2 hypertension (high blood pressure).  The level of your blood pressure determines what kind of treatment you may need.  The blood pressure chart lists the ranges that make up each category.  The top number (systolic) should be below 120 and the bottom number (diastolic) should be below 80.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was discharged because he was not able to deploy and that he wrote to his congressman for help.  The evidence of record confirms he requested to be discharged from the USAR.  

2.  The applicant contends his blood pressure was resolved many months ago yet the Army still blocks his ability to reenlist.  The evidence of record confirms he was medically treated for hypertension as early as 1996.  In June 2006, he was found medically fit for retention in the USAR.  

3.  The applicant underwent a physical examination in October 2008 which shows he was medically qualified for enlistment in the Army.  The Report of Medical Examination indicates the applicant was treated at the VA Medical Center from January 2006 to April 2008 and he was placed on medication to regulate borderline hypertension.  However, the applicant has not provided sufficient evidence to support his contention that the Army has blocked his ability to reenlist.  

4.  The evidence of record shows that prior to the applicant's separation in December 2007 competent medical authority determined he was medically qualified for separation with a physical profile of 111111.  The applicant did not have any medically unfitting disability which required physical disability processing.  

5.  The applicant’s request to be reinstated in the USAR to complete his remaining 5 years of service for a 20-year retirement is acknowledged.  The applicant was discharged from the USAR on 6 December 2007.  At the time of his discharge, he had completed 12 years, 6 months, and 5 days of qualifying service towards retired pay at age 60.  The applicant voluntarily chose to be discharged from the USAR and there is no basis to reinstate him to allow him to complete 5 years (more than 7 years would be needed) for a 20-year retirement.



6.  The applicant has not presented sufficient evidence and there is no evidence of record to show the discharge he was initially issued or the discharge he presently holds warrants a change to a medical discharge.  Therefore, there is no basis for granting the applicant's requested relief.

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)                                         AR20100000463



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Pro