IN THE CASE OF: 

		BOARD DATE:	    20 December 2012

		DOCKET NUMBER:  AR20120011188 


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 his honorable discharge from the U.S. Army Reserve (USAR) be changed to a medical discharge.  

2.  The applicant states he was evaluated and found unfit by military doctors due to a back injury.  He claims he was pushed out with an honorable discharge and after discussing the matter with a former noncommissioned officer, he submitted this request.  

3.  The applicant provides the following documents in support of his request:

* Discharge orders
* Memorandum, subject:  Notification of Medical Unfitness for Retention with completed option statement
* DA Form 3349 (Physical Profile)
* Annual Training Orders, dated 14 October 2010
* Standard Form (SF) 600 (Chronological Record of Medical Care), dated 18 October 2010

CONSIDERATION OF EVIDENCE:

1.  On 6 October 2009, the applicant enlisted in the USAR for 8 years.  He entered initial active duty for training on 17 February 2010, he was released from 


active duty on 9 July 2010, and upon completion of training was awarded military occupational specialty (MOS) 38B (Civil Affairs Specialist).  

2.  The applicant’s record is void of any documents related to his medical treatment or the medical fitness standard determination by the USAR. 

3.  The applicant provides an SF 600 that shows he was seen at the Great Lakes, Illinois medical clinic on 18 October 2010.  He complained of groin, hip, and back pain which he indicated he had experienced for 1 month.  He was issued a temporary physical profile that prohibited the wearing of boots and prolonged standing or walking.  He also provides a Notification of Medical Unfitness Memorandum issued by the Chief, Regional Personnel Service Center, Headquarters, 88th Regional Support Command (RSC), Fort McCoy, Wisconsin, dated 17 June 2011, which informed him the RSC Surgeon’s office had determined he suffered from a medically disqualifying condition.  He was also advised it was the intent of the USAR to discharge him.  The applicant was also informed of the requirements to return his option election form within 30 days.  He provides his completed option form which indicates he elected to be honorably discharged from the USAR and requested a medical evaluation board for a fitness determination.  There is no indication in the record and the applicant has failed to provide documents related to further processing.  

4.  The record contains Headquarters, 88th RSC Orders 11-259-00010, dated 
16 September 2010, which directed the applicant’s honorable discharge from the USAR on 16 October 2010.  

5.  Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  Under the laws governing the Army Physical Disability Evaluation system, Soldiers who sustain or aggravate physically unfitting disabilities must meet several line of duty criteria to be eligible to receive retirement and severance pay benefits.  One of the criteria is that the disability must have been incurred or aggravated while the Soldier was entitled to basic pay or was the proximate cause of performing active duty or inactive duty training.

6.  Army Regulation 135-178 states separation will be accomplished by separation authorities when it has been determined that an enlisted Soldier is no longer qualified for retention by reason of medical unfitness unless the Soldier requests and is granted a waiver under Army Regulation 40-501 or is eligible for transfer to 


the Retired Reserve.  Unless otherwise specified, Soldiers separated under this chapter will be awarded a character of service of honorable or under honorable conditions, unless an uncharacterized description of service is required. 

7.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, and appointment; and for retention and separation, including retirement.  Chapter 9 contains guidance on Army Reserve medical examinations and paragraph 9-10 contains guidance on the disposition of medically unfit Reservists.  It states, in pertinent part, that Reservists who do not meet medical fitness standards will be transferred to the Retired Reserve if eligible or discharged.  They may request a Physical Evaluation Board (PEB) for a determination of fitness but are not eligible for medical retirement if the injury or illness was not incurred as a result of active duty service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for a medical discharge has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The facts and circumstances surrounding the applicant’s discharge processing are not in the available evidence.  The applicant provides documents indicating he was determined to be suffering from a medically unfitting condition that required his discharge from the USAR.  He also provides his completed option form in which he elected honorable discharge.  The record is void of and the applicant has failed to provide documents related to further processing.  

3.  There is no evidence of record or independent evidence submitted by the applicant that shows he incurred the disqualifying injury or illness while entitled to basic pay that supported his disability processing through the Physical Disability Evaluation System (PDES) for disability retirement or separation.  As a result, at best, he could have been medically processed through the PDES for a fitness determination.  Absent any evidence of record or independent evidence provided by the applicant that would support a finding of an error or injustice in his discharge processing, there is a presumption that his separation processing was accomplished in accordance with the applicable law and regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  In view of the foregoing, there is an insufficient evidentiary basis to support granting the requested relief.  



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)                                         AR20120011188



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ABCMR Record of Proceedings (cont)                                         AR20120011188



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