IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120009150
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, an Army disability rating or a medical retirement for his back injuries and post-traumatic stress disorder (PTSD).
2. He states he suffered back injuries and PTSD during his period of service in Korea. He has gone through this process for years. He is getting old and wants it resolved before he dies. His wife will follow through if he dies.
3. He provides no additional evidence.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel defers requests and statements to the applicant and provides no additional evidence.
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 military records show he enlisted in the Regular Army, in pay grade E-1, on 10 December 1962, for 3 years. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He served in Korea from 28 April 1963 through 3 June 1964.
3. He was honorably released from active duty, in pay grade E-3, on 10 December 1965, under the provisions of Army Regulation 635-200 (Personnel Separations), at the expiration of his term of service (ETS), and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completing 2 years, 11 months, and 28 days of net active service and 3 days of lost time.
4. There is no evidence he was injured during his period of service in Korea. There is no evidence he sustained injuries or suffered from any medical condition during his period of service for medical separation processing.
5. A Report of Medical Examination, dated 26 October 1965, listed no defects and diagnoses and shows he was found qualified for separation.
6. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Paragraph 11 provided for the discharge or release from active duty upon expiration of term of enlistment.
7. Army Regulation 40-501, in effect at the time, governed the medical fitness standards for retention and separation, including retirement. Paragraph 3-33 states that anxiety, somatoform, or dissociative disorders are causes for referral to an medical evaluation board for persistence or recurrence of symptoms sufficient to require extended or recurrent hospitalization; or persistence or recurrence of symptoms necessitating limitations of duty or duty in protected environment; or persistence or recurrence of symptoms resulting in interference with effective military performance.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 10 December 1962 for 3 years. He was released from active duty on 10 December 1965 at his ETS. His administrative separation was accomplished in compliance with applicable regulations in effect at the time.
2. His contentions have been noted; however, there is no evidence of record he incurred or suffered from disabling injuries/conditions during his period of service that would have supported his processing for separation for a medical condition. He was found qualified for separation with no defects or diagnoses. Therefore, there is an insufficient evidentiary basis to support granting his 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.
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