BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140015577 


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 an upgrade of his general discharge to honorable.

2.  The applicant states:

	a.  In 1981, he completed basic training at Fort Benning, GA, without any issues.

	b.  His unsatisfactory performance was solely due to medical issues (light headedness, chest pains, nose bleeds, and blackouts) of which he was unaware.  Tests were administered at Fort Bragg, NC, after several observed incidents and again at Fort Carson, CO, and without a reasonable explanation, he was discharged.  Withholding of this medical condition caused undue stress in his life.

	c.  He is seeking Department of Veterans Affairs benefits/assistance.

3.  The applicant 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 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 enlisted in the Regular Army on 29 July 1981 for 3 years.  He completed his training and was awarded military occupational specialty 11B (infantryman).  He was assigned to Fort Carson, CO, in January 1982.

3.  His records contain a DA Form 3349 (Physical Profile Board Proceedings), dated 18 May 1982, which shows he was issued a permanent 3 profile for sickle cell trait.  Item 8 (Assignment Limitations) of this form states:

* limit strenuous physical activity to 10 minutes while assigned at present altitude
* strongly recommend reassignment to altitude of less than 4,000 feet
* no airborne or deep sea diving training

4.  In April 1983, nonjudicial punishment (NJP) was imposed against him for disobeying a lawful order.

5.  In June 1983, NJP was imposed against him for failing to repair.

6.  He was counseled for:

* missing formations
* being absent from his appointed places of duty
* failing to follow instructions
* having disrespect for superiors
* being lazy and untrustworthy 

7.  He was notified of his pending separation for unsatisfactory performance under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 13.

8.  He consulted with counsel, waived his rights, including his right to consideration by an administrative separation board, and acknowledged that he might encounter substantial prejudice in civilian life if a general discharge were issued.  He also elected not to submit a statement in his own behalf.

9.  The separation authority approved the recommendation for separation and directed the issuance of a general discharge.
10.  On 13 July 1983, he was discharged under honorable conditions (general) under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He completed a total of 1 year, 11 months, and 13 days of creditable active service with 2 days of lost time.

11.  There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

12.  Army Regulation 635-200 sets forth the requirements and procedures for the administrative discharge of enlisted personnel.

	a.  Chapter 13, in effect at the time, provided for separation due to unsatisfactory performance when, in the commander's judgment, the individual would not become a satisfactory Soldier; retention would have an adverse impact on military discipline, good order, and morale; the service member would be a disruptive influence in the future; the basis for separation would continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, was unlikely.  Service of Soldiers separated because of unsatisfactory performance under this chapter would be characterized as honorable or under honorable conditions.

	b.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

13.  Army Regulation 40-501 (Standards of Medical Fitness), chapter 7 (Physical Profiling), provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES):

* P – physical capacity or stamina
* U – upper extremities
* L – lower extremities
* H – hearing and ears
* E – eyes
* S – psychiatric

14.  Numerical designator of 1 under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.  A physical profile of 2 under any or all factors indicates that an individual possesses some medical condition or physical defect which may require some activity limitations.  A profile containing one or more numerical designations of 3 signifies that the individual has one or more medical conditions or physical defects which may require significant limitations.  The individual should receive assignment commensurate with his or her physical capability for military duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his discharge upgraded so he can receive veterans' benefits.  However, a discharge is not changed solely for the purpose of qualifying an applicant for veterans' benefits.  Each request is individually considered based on the evidence presented.

2.  He contends his unsatisfactory performance was solely due to medical issues of which he was unaware.  However, medical evidence of record shows he was issued a permanent 3 physical profile for sickle cell trait in May 1982.  The numerical designator of 3 signifies that the individual has one or more medical conditions or physical defects which may require significant limitations.  His 
DA Form 3349 shows he was given assignment limitations for his physical defect.

3.  The applicant's record of service included adverse counseling statements, two Article 15s, and 2 days of lost time.  As a result, his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge.

4.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  He had an opportunity to submit a statement wherein he could have voiced his concerns; however, he elected not to do so.

5.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

6.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20140015577





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ABCMR Record of Proceedings (cont)                                         AR20140015577



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