BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009332 


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, a medical discharge.

2.  The applicant states:

	a.  He was told he would receive a medical discharge by his drill sergeant and he had 3 years to file a claim.  He was unable to hold a job when he came home. They beat up on Soldiers in his company with the hard core training and screaming which put fear in his heart.  He also has post-traumatic stress disorder (PTSD) and back pain which started in the Army.  He is already receiving disability and it's not enough to survive.

   b.  He became nervous, angry, suicidal, and depressed in basic training.  When he got home he was fired from his job the first week.  He doesn't like being around a lot of people.  He is receiving disability from the State.  He has a lot of disorders which came from his service in the Army.

3.  The applicant provides:

* three Department of Veterans Affairs (VA) Forms 21-4138 (Statement in Support of Claim)
* VA Form 21-0781 (Statement in Support of Claim for Service Connection for PTSD)
* three letters in support of his request


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 applicant's 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 applicant's 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 U.S. Army Reserve Delayed Entry Program in pay grade E-1 on 24 May 1978.  He was discharged from the USAR and enlisted in the Regular Army in pay grade E-2 on 3 October 1978 for 3 years.  He did not complete advanced individual training; therefore, he was not awarded an military occupational specialty.  The highest pay grade he held during his period of service was E-2.

3.  A U.S. Army Training and Doctrine Command Form 871-R (Trainee Discharge Program (TDP) Counseling), dated 18 December 1978, shows the applicant's company commander stated the applicant lacked motivation and showed no desire to continue training.  The applicant did not like the Army, although the applicant had no specific reasons to support his feelings.  Attempts to motivate the applicant to retrain had been unsuccessful.

4.  On 9 January 1979, the applicant's company commander notified him that he was initiating action to discharge him under the TDP under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-33, with an honorable character of service.  The company commander stated the reason was the applicant's inability to meet the minimum standards prescribed for successful completion of training because of his lack of aptitude, ability, motivation, or self-discipline.  The applicant was advised of his rights.

5.  On 9 January 1979, the applicant acknowledged receipt of the proposed separation action.  He acknowledged that he understood that due to non-completion or requisite active duty service, VA and other benefits normally associated with completion of honorable active service would be affected.  He consented to the proposed discharge action, stated he did not desire to undergo a separation medical examination, and elected not to submit a statement in his own behalf.

6.  On 15 January 1979, the appropriate separation authority directed the applicant's discharge under the TDP under the provisions of Army Regulation 635-200, paragraph 5-33, with an honorable character of service.

7.  He was honorably discharged from active duty in pay grade E-2 under the TDP on 18 January 1979 under the provisions of Army Regulation 635-200, paragraph 5-33a.  He was credited with completing 3 months and 16 days of net active service with no lost time.

8.  He provided three letters in support of his request from his mother, brother, and doctor.  The individuals attested to the applicant's multiple medical conditions which included back pain, anxiety, and depression.

9.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 5-33a provided for the expeditious discharge of enlisted personnel who lacked the necessary motivation, discipline, ability, or aptitude to become a productive soldier when these individual were in basic training or military occupational specialty training in advanced individual training.  Individuals discharged under this regulation would be issued an honorable discharge.

10.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, established the Army Physical Disability Evaluation System (PDES).  It set forth policies, responsibilities, and procedures that apply in determining whether a Soldier was unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If a Soldier was found unfit because of physical disability, the regulation provided for disposition of the Soldier according to applicable laws and regulations.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received counseling on 18 December 1978 for lack of motivation and showing no desire to continue training.  The applicant's company commander stated that the applicant did not like the Army, although he gave no specific reasons to support his feelings.  

2.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.  He elected not to undergo a separation medical examination.  There is no documented history of chronic PTSD or any other medical condition(s) during in his period of service which would have been assessed and disposed of through medical channels or prevented the completion of his term of enlistment.

3.  His contentions have been noted; however, he has provided no evidence or a convincing argument to show his discharge should be changed to a medical discharge and his military record contains no evidence which would entitle him to a medical discharge.  There is an absence of evidence to support his contentions that any medical conditions prevented his satisfactory completion of service.

4.  His desire to have his honorable discharge changed so he can qualify for medical and/or other benefits administered by the VA for service-connected conditions is acknowledged.  However, the ABCMR does not grant relief solely for the purpose of qualifying an applicant for medical or other benefits administered by the VA.

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 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)                                         AR20120009332



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ABCMR Record of Proceedings (cont)                                         AR20120009332



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