IN THE CASE OF:	  

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20140021123 


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, Orders 11 332-00073, dated 28 November 2011, honorably discharging him from the U.S. Army Reserve (USAR) be voided.

2.  The applicant states:

   a.  After undergoing the necessary medical treatment, the medical reason for his discharge from the USAR is no longer applicable.  This makes his discharge unjustified because he was not given the opportunity of undergoing the treatment and continuing to serve his country as a Soldier with the same set of skills acquired during his 10 years of service.  On 2 June 2014, after undergoing treatment for hepatitis C, he was found clear of the virus which is the reason his discharge was unjustified.  

	b.  He was able to maintain his physical fitness before, during, and after the treatment according to Field Manual 7-22 (Army Physical Readiness Training) and Army Regulation 350-1 (Army Training and Leader Development).  He wants to continue his military career as an information technology specialist and use his skills to mentor the new generations of Soldiers.  

3.  The applicant provides orders and 112 pages of medical records, dated between 23 January 2013 and 17 July 2014.





CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 14 November 2001 for a period of 6 years.  On 6 February 2007, in conjunction with his reenlistment in the USAR, he completed a DD Form 2807 (Report of Medical History) wherein he indicated he had stomach, liver, intestinal trouble or ulcers, and jaundice or hepatitis.  The examining physician annotated this form that the applicant had hepatitis C which was asymptomatic at the time.  

2.  His record contains a Functional Capacity Certificate, dated 6 February 2007, wherein, in part, the applicant verified that he had no medical conditions or profiles that prohibited him from performing all the various duties/activities required of a Soldier, or that would prevent him from deploying.  The examining physician concurred with the applicant’s self-assessment.

3.  His DD Form 2808 (Repot of Medical Examination), dated 6 February 2007, shows he was found qualified for retention in the USAR at the time.  He subsequently reenlisted in the USAR.  

4.  On 28 January 2011, he reenlisted in the USAR for a period of 6 years to be effective 13 November 2011, 1 day after his expiration of term of service (ETS) of 12 November 2011.

5.  The specific facts and circumstances of his discharge processing are not available for review with this case.  However, it appears he was subsequently found to be medically unfit for retention in the USAR due to medical issues/problems relating to his hepatitis C.  

6.  Orders 11-332-00073, dated 28 November 2011, issued by Headquarters (HQ), 81st Regional Support Command (RSC), honorably discharged him from the USAR effective 28 December 2011.

7.  Orders 11-332-00074, dated 28 November 2011, issued by HQ, 81st RSC, amended Orders 11-332-00073 to show he was honorably discharged by reason of medical unfitness.

8.  The applicant provides:

   a.  Progress Notes, dated 23 February 2013, wherein the treating physician stated, in part, that the applicant started treatment for the hepatitis C virus (HCV) on 1 February 2013.  He was informed of how the virus was and was not transmitted and advised not to share toothbrushes, dental appliances, razors, or personal care articles that might contain blood, and told to cover cuts and sores on his skin to prevent spreading of blood or secretions.
   
	b.  Progress Notes, dated 1 July 2014, wherein the treating physician stated, in part, the applicant was there that day for a follow up visit after triple therapy for HCV treatment.  He started treatment on 1 February 2013 with an initial viral load (LV) of 155 thousand, the virus was 445 at week 4, and undetectable at week 8 and week 12.  He completed 48 weeks of treatment in January 2014 with negative VL at that time as well, he had VL [results] pending that day, and had no complaints at that time.

9.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, retention, and separation.  Paragraph 2-3 states, in part, the cause for rejection for appointment, enlistment, and induction is viral hepatitis within the preceding 6 months, or objective evidence of impairment of liver function, chronic hepatitis, and hepatitis B carriers.  Individuals who are known to have tested positive for the HCV infection require confirmatory testing.  If evaluation reveals no signs or symptoms of disease, the applicant meets the standards.

10.  Army Regulation 135-178 (Army National Guard and USAR - Enlisted Administrative Separations) governs the separation processing of Reserve Component (RC) Soldiers.  Paragraph 6-6 states discharge will be accomplished on determination a Soldier fails to meet medical retention standards.  A Soldier found to be not medically qualified under procurement medical fitness standards will be discharge on the earliest practicable date following the determination.  

DISCUSSION AND CONCLUSIONS:

1.  Although the specific facts and circumstances surrounding the applicant’s discharge processing are not known, the evidence of record shows he was discharged on 28 December 2011 for being medically unfit.  The applicant stated the reason he was discharged was because he had hepatitis C.

2.  The record shows he was found to have hepatitis C in February 2007 and, in accordance with governing regulations, because he was asymptomatic at the time he was allowed to reenlist in the USAR.  It appears that in 2011 he began to have medical issues/problems due to his hepatitis C and was subsequently found to be medically unfit for retention in the USAR.  As required by governing regulations, he was honorably discharged due to medical unfitness.  In the absence of evidence to the contrary, it is presumed what the USAR did in his case was correct and he was properly discharged from the USAR on 28 December 2011.
3.  The fact that his hepatitis C may have been found to be asymptomatic in 2014, almost 3 years after his discharge from the USAR and after receiving treatment for hepatitis C for over 2 years, does not negate the fact that in 2011 he was found medically unfit for retention.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

5.  The Army Board for Correction of Military Records does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers if applicable.

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)                                         AR20140021123



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ABCMR Record of Proceedings (cont)                                         AR20140021123



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