BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110003764 


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, in effect, that his military service records or his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was honorably discharged for medical reasons.  By phone conversation with a Board analyst on 25 January 2012, the applicant amended his request to correct his discharge orders from the U.S. Army Reserve (USAR) to show the reason for his discharge as medically unfit for retention.

2.  The applicant states, in effect, that he was discharged from the USAR due to Medical Unfitness for Retention.  The applicant states he was led to believe his discharge orders from the USAR would show the medical reason for his separation.  

3.  The applicant provides:

* Orders Number 08-280-0001, issued by Headquarters, 88th Regional Support Command (RSC), dated 6 October 2008
* a DA Form 3349 (Physical Profile), dated 12 March 2008
* a letter from Headquarters, 88th RSC, dated 14 March 2008
* two DA Forms A DA Form 2173 (Statement of Medical Examination and Duty Status), both dated 27 August 2008
* Department of Veterans Affairs (DVA) rating decision, dated 24 October 2009
* various medical documents, records of medical care, consult sheets, reports of medical examinations, clinical records, with dates from June 2005 through February 2008 in support of his request
CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the USAR on 
29 September 1999 and had prior service in the Regular Army and Army National Guard (ARNG).  He was promoted to sergeant first class (SFC/E-7) on 1 November 2005.

2.  On 29 February 2008, the applicant was issued a permanent physical profile that assigned him a "3" in the P (physical capacity or stamina) portion of his Military Physical Profile Serial System (PULHES).  The profile listed medical conditions of multiple complaints, headaches, backache, knee pain, asthma, and depression.  It also stated “SOLDIER WITH MULTIPLE COMPLAINTS NOT DEPLOYING WITH UNIT BUT ONLY MEDICAL UNFIT ISSUE IS HIS ASTHMA. SOLDIER HAS ACUTE MOBILIZATION SYNDROME.  RECOMMEND.  NDR-PEB [non-duty related physical evaluation board].”

3.  On 14 March 2008, Headquarters, 88th RSC, prepared a memorandum for the applicant, Subject:  Notification of Medical Unfitness for Retention.  He was informed that, as a result of his medical examination, he was medically disqualified for continued service in the USAR under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  As a result, of his medical disqualifications, he was required to complete an endorsement indicating his option choices.  He was informed that failure to respond to the correspondence within 30 days would constitute a waiver of all rights and he would be discharged with an honorable characterization of service.

4.  The applicant’s option selection memorandum is not available for review with this case.  However, along with the notification, he would have been required to acknowledge the notification and elect one of the following options on the notification of medical unfitness for retention and election of options, in accordance with Army Regulation 135-178 (Enlisted Administrative Separations):

	a.  request reassignment to the Retired Reserve in accordance with Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), if he had completed 20 years of qualifying years;

	b.  request reassignment to the Retired Reserve with early qualification of eligibility to receive retired pay at age 60 (15 year retirement);

	c.  request honorable discharge from the USAR; or

	d.  request an informal Medical Evaluation Board (MEBD)/ Physical Evaluation Board to review his medical records for a final determination of his medical fitness for retention.

5.  On 6 October 2008, Headquarters, 88th RSC, published Orders 
08-280-0001 directing the applicant's honorable discharge from the USAR effective 5 November 2008.  The orders show he was discharged in accordance with Army Regulation 135-178.  The orders do not show that the applicant was discharged by reason of medical unfitness for retention.

6.  The applicant's Summary of Retirement Points, printed from the Human Resources Command Integrated WEB Service, Retirement Information Section, shows he completed 13 years, 4 months and 29 days of qualifying service for retirement purposes.  

7.  Army Regulation 135-178 prescribes the policies for the separation of enlisted Soldiers from the Reserve Components.  Chapter 15 of this regulation provides for separation when it has been determined that an enlisted Soldier is no longer qualified for retention by reason of medical unfitness.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his discharged orders from the USAR be corrected to show his reason for discharge as medically unfit for retention.

2.  Evidence of record shows the applicant was issued orders honorably discharging him from the USAR in accordance with Army Regulation 135-178.  However, his orders do not show the reason for his discharge.  Presumably, he either elected this option or he failed to respond with an election, which automatically defaulted to this option.

3.  However, it is clear the USAR viewed the applicant as medically unfit for retention.  Therefore, Headquarters, 88th RSC, Orders 08-280-0001, dated 6 October 2008 should be amended to show the reason for discharge as medically unfit for retention.


BOARD VOTE:

____X__  ____X____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that Headquarters, 88th RSC, Orders 08-280-0001, dated 6 October 2008 pertaining to the individual concerned be amended to show the reason for discharge as "medically unfit for retention."



      _______ _ 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)                                         AR20110003764





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