IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110013869
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 correction of his records to show he was discharged by reason of physical disability.
2. The applicant states he was discharged without the benefit of being medically reviewed by the military and he was hospitalized in a military mental institution the day before his discharge. He goes on to state he immediately filed an application with the Department of Veterans Affairs (VA) and he was granted service-connection for a number of items. He continues by stating he is currently 100% disabled for bi-polar disorder and that he was diagnosed with this condition while on active duty; therefore, he should have been processed through the Physical Disability Evaluation System (PDES).
3. The applicant provides a copy of:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a letter to the Physical Evaluation Board Liaison Office (PEBLO) from the Chief, Orofacial Pain Clinic, Walter Reed Army Medical Center (WRAMC)
* medical treatment records
* his application for VA compensation
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 complete military records are not available for review. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 19 September 1990. He completed training and he remained on active duty through a series of reenlistments. He was promoted to the pay grade of E-5 on 1 February 1996.
4. On 12 August 1996, while stationed at the Walter Reed Army Institute of Research (WRAIR) as an automated logistics noncommissioned officer (NCO), he received permanent change of station (PCS) instructions for an overseas assignment which required him to extend his enlistment in order to meet the service remaining requirements. The applicant elected to sign a Declination of Continued Service Statement (DCSS), which amounted to a self-imposed bar to reenlistment. His expiration of term of service (ETS) date at that time was
11 May 1998.
5. The facts and circumstances surrounding the applicants administrative separation are not present in the available records. However, the applicant's
DD Form 214 shows he was honorably released from active duty on 1 January 1997 under the provisions of Army Regulation 635-200, paragraph 16-5b, by reason of non-retention on active duty.
6. The medical documents submitted by the applicant show he was admitted to WRAMC in May and November 1996 for depression and suicidal ideation following an altercation with his wife. There is no indication in those records to show that he was deemed unfit for retention or separation.
7. Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 16-5b, in effect at the time, provided that Soldiers who decline to meet service remaining requirements and who have signed a DCSS may request immediate separation. The Soldiers request will be submitted on a DA
Form 4187 (Personnel Action). Separation under this paragraph will be accomplished as soon as practicable, but not later than 6 months from the date of approval of the request, notwithstanding any existing service obligation that cannot be fulfilled by the separation date.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it must be presumed that the applicant voluntarily requested separation due to his election of signing a DCSS in lieu of reenlisting or extending to meet the time in service remaining requirement for a PCS move.
2. The applicants contentions and supporting documents have been noted; however, they are not sufficient in themselves to overcome the presumption that he was deemed fit for separation at the time of his separation.
3. Therefore, in the absence of such evidence there appears to be no basis to grant his request for a medical discharge 15 years after the fact.
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) AR20110013869
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ABCMR Record of Proceedings (cont) AR20110013869
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