IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100025888
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.
2. The applicant states that on 11 April 1996, she was asked to escort another Soldier to pick up a vehicle in Charleston, SC. An accident occurred and she killed another person. She contends that the Army gave her less than six months of therapy with a diagnosis of Post Traumatic Stress Disorder (PTSD) and was then sent to Korea. She was picked at and called a killer by her fellow co-workers. She was hurting and needed to get out so that she would not be a problem to the military.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), an accident report and obituary, memorandum dated
6 September 1996, a medical statement, dated 9 October 1996, and four third-party statements.
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 12 March 1991. Upon completion of initial entry training, she was awarded military occupational specialty 92A (Automated Logistical Specialist). She reenlisted on 6 July 1994 for 4 years.
3. She was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 8 May 1998. Her separation orders show she was separated not by reason of physical disability. Item 28 (Narrative Reason for Separation) of her DD Form 214 shows she was separated to attend school.
4. There is no evidence in the available records showing she was referred to a Medical Evaluation Board or a Physical Evaluation Board for consideration of a medical condition.
5. She provided an accident report, dated 11 April 1996, that confirms she was involved in a motor vehicle accident. She also provided a memorandum, dated
6 September 1996, in which the Chief, Community Mental Health Services recommended she be granted command sponsorship for her tour in Korea in order to assist in her recovery from PTSD and a medical statement, dated
9 October 1996, indicating she could not participate in a permanent change of station (PCS) for two weeks due to an infection.
6. Army Regulation 40-501 (Standards of Medical Fitness) provides that for an individual to be found unfit by reason of physical disability, he/she must be unable to perform the duties of his office, grade, rank or rating. Performance of duty despite impairment would be considered presumptive evidence of physical fitness.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her discharge should be changed to a medical retirement.
2. While the circumstances surrounding the motor vehicle accident she was involved in are indeed unfortunate, there is no medical evidence available, and she provided none, showing she had any disabling medical condition prior to her discharge on 8 May 1998 that warranted processing through medical channels. There is also no evidence of record showing she was ever found to be medically unfit to perform her duties.
3. In view of the above, there is no basis 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) AR20100025888
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ABCMR Record of Proceedings (cont) AR20100025888
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