BOARD DATE: 21 October 2010
DOCKET NUMBER: AR20100010849
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 discharge be changed to medical retirement.
2. The applicant states he warrants a medical retirement with a 40 percent disability evaluation for his knee injuries. He was not considered for a medical retirement because of a bias against medical personnel.
3. The applicant provides a five page listing of alleged incidents of "atrocities".
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 initially enlisted in the Regular Army on 12 May 1982, completed training, and was awarded the military occupational specialty (MOS) 76J (Medical Supply Specialist). He was honorably released from active duty on 9 May 1986.
3. On 3 September 1986, he reenlisted, completed additional training and was awarded the MOS 91A (Medical Specialist). On 1 May 1989 he was promoted to sergeant (E-5) in this MOS.
4. The applicant had immediate reenlistments on 1 May 1989 and 26 February 1991.
5. On 25 February 1993, the applicant was honorably discharged, as a sergeant (E-5) in MOS 91B (Medical NCO). The authority for discharge is listed as Army Regulation 635-200, chapter 4, expiration of his term of service. He had a total of 9 years, 6 months, and 21 days of creditable active duty with 1 year, 2 months, and 10 days of inactive service.
6. The five pages of "atrocities" is a self authored listing of incidents that the applicant reports to have recorded between September and December 1991. In this statement the applicant contends that he was on a medical profile that was violated and he was being evaluated for residuals of encephalitis. He also sites care for a knee condition. He states his mental condition had been seriously aggravated and his psychologist, social worker, and the urgent care center are aware of the situation. The reason the creation of this document and to whom it was addressed if not noted on or in the text.
7. The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs, as such, they are not available for review.
8. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. 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.
9. Army Regulation 15185 (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 Army Board for Correction of Military Records (ABCMR). Paragraph 2-9 states 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 states he warrants a medical retirement with a 40 percent disability evaluation for his knee injuries. He was not considered for a medical retirement because of a bias against medical personnel.
2. The available record does not contain and the applicant has not provided any verifiable evidence that he suffered from any injury or medical condition that would have rendered him unfit for continuation on active duty.
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.
ABCMR Record of Proceedings (cont) AR20100010849
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ABCMR Record of Proceedings (cont) AR20100010849
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