MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 November 1999                   
	DOCKET NUMBER:   AR1998012822

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Stanley Kelley		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that her discharge be changed to a medical discharge.

APPLICANT STATES:  That she was erroneously instructed to complete paperwork that resulted in her being involuntarily discharged as an unqualified recruiter.  Army medical doctors and counselors recommended she be transferred out of recruiting due to medical complications and stress on the job.  This discharge left her unqualified for any benefits.  Supporting evidence is as listed on the DD Form 149, plus one doctor’s letter dated 1 February 1999 and one social worker’s letter dated 26 July 1999.

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from documents provided with her application.

On 27 October 1993, the applicant was voluntarily ordered to active duty in the active guard/reserve (AGR) program as an AGR U. S. Army Reserve (USAR) field recruiter.  

On or about October 1994, the applicant was seen for counseling services dealing with how to manage stress of work and family commitments and dealing with financial and emotional difficulties related to divorce.  A 24 April 1995 doctor’s memorandum to her recruiting battalion noted she was being seen for migraine headaches which began after her transfer to the U. S. Army Recruiting Command (USAREC).  In the doctor’s opinion, she was suffering from depressed mood and stress relating to her recruiting job and family problems and recommended her removal from recruiting duty and allowing her to return to her former military occupational specialty (MOS) of 91B (medical specialist).  An     11 May 1995 community counselor’s memorandum to her recruiting battalion supported the doctor’s assessment and recommended she be taken out of the recruiting field immediately and be considered for another MOS.  An 11 July 1995 memorandum from the same community counselor noted that her migraines had decreased since she was reassigned to administrative duties within the recruiting command but still recommended she be considered for a position outside of USAREC.

On 7 August 1995, a mental health evaluation noted that the applicant reported the pressures and demands of recruiting created a significant amount of anxiety and stress.  While she possessed the ability to be an effective soldier, she did not have the coping skills necessary to be an effective recruiter and if she remained on recruiting duties she would not perform up to standard and her condition would continue to decompensate (sic).  It was recommended she be removed from recruiting duties and reclassified back to her old MOS.  On this date she was placed on a temporary physical profile due to adjustment disorder with depressed mood and given assignment limitations of “release from recruiting and place on 8 hour days.”  Apparently during this time she performed administrative duties.

On 24 August 1995, the applicant requested continuation of her AGR duty but reassignment out of USAREC. 

On 3 October 1995, the applicant’s commander recommended her reassignment from recruiting duty as an unqualified recruiter under the provisions of Army Regulation 601-1, paragraph 5-4.  She acknowledged receipt of the proposed action, acknowledged that she may face early release from active duty, checked that she did not elect to consult with counsel and checked that she did elect to make a statement.  The statement is not available.

On 23 January 1996, the U. S. Army Reserve Personnel Center notified the applicant her involuntary release from active duty as an unqualified recruiter was approved and she would be released from active duty not later than 21 March 1996.  If eligible, she was encouraged to continue her service in another reserve status such as a Troop Program Unit or Individual Mobilization Augmentation.  

On 19 March 1996, a mental health evaluation noted that the applicant responded well to treatment and successfully performed various administrative duties and recruited on a limited basis while on profile.  It was recommended she be removed from profile and returned to full-time recruiting duties.  

On 21 March 1996, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement).

On 1 February 1999, a civilian doctor noted that the applicant was diagnosed with hypertension and cardiomyopathy.  On 26 July 1999, a civilian social worker noted she sought treatment for depression related to the unwelcome end of her 17 year military career and also suffered from post traumatic stress disorder resulting from a rape which had occurred in 1981.

Army Regulation 135-18 prescribes policy for the administration of the AGR Program.  Personnel in the AGR Program will serve in authorized positions for the purposes of organizing, administering, recruiting, instruction, or training the National Guard and the USAR.  Qualifications for entry in the AGR program include, for soldiers in the grade of sergeant or below, having the potential to become qualified in the MOS authorized for the AGR duty position during initial assignment.  (Soldiers are ordered to active duty to fill a specific duty position.)

Army Regulation 601-1 sets policies for selecting, assigning and reassigning enlisted personnel assigned to recruiting and administrative support positions in USAREC.  Paragraph 5-3 provides that involuntary reassignment of army recruiters as unqualified or ineffective will be requested only after a determination that adequate assistance…or medical rehabilitation will not be or was not effective to correct inadequacies.  Paragraph 5-4 provides that a recruiter’s reassignment as unqualified is without prejudice.  It does not entail the potential adverse career impact as do unsuitable or ineffective reassignments.  Individuals reassigned as unqualified may be considered for future assignment to recruiting duty upon satisfactory presentation of information to USAREC or the U. S. Total Army Personnel Command that disqualifying conditions have been corrected.  Recruiters may be reassigned as ineffective when they are unable to accomplish recruiting duties due to physical or medical limitations not the result of misconduct.  

Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-16 provides that AGR soldiers serving on an initial tour as recruiters may be involuntarily released from active duty when a determination has been made that they are unqualified, ineffective or unsuitable for continued recruiting duty and that early release is in the best interest of the Government.

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.  The objectives of the regulation are to maintain an effective and fit military organization with maximum use of available manpower and to provide benefits for eligible soldiers whose military service is terminated because of a service-connected disability.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant was not discharged from the Army and her military career was not terminated.  The Board concludes that she is confusing “discharge” (a total severance from military obligations) with “release from active duty.”  

3.  On 24 April 1995, a doctor opined that the applicant was suffering from depressed mood and stress relating to her recruiting job.  On 11 July 1995, a community counselor recommended she be considered for a position outside of USAREC due to work-related stress.  The Army acknowledges that recruiting duty is a high-stress job.  This is one reason individuals may be reassigned out of recruiting duties, without prejudice, as ineffective when they are unable to accomplish recruiting duties due to physical or medical limitations.  This is the reason the applicant was released from active duty.  She acknowledged on         3 October 1995 that she may face early release from active duty.  Her involuntary release from active duty was approved on 23 January 1996.  She was released from active duty on 21 March 1996.  The Board concludes she had sufficient time to prepare for her separation.  

4.  The applicant was not discharged from the U. S. Army Reserve.  She could have requested transfer to another reserve status to continue in an active reserve status.  That she may or may not have done so was her decision.

5.  The applicant was not eligible for physical disability processing.  No doctor or community counselor ever said she was unfit for duty; in fact, they stated she possessed the ability to be an effective soldier, just not as a recruiter.  Since she requested continuation of her AGR duty, but outside of USAREC, she tacitly acknowledged that she was not unfit for duty.  Therefore, a medical discharge was not and still is not appropriate.  

6.  The Board presumes the applicant was ordered to active duty to fill a recruiting position.  When it was determined she was medically unable to perform duties as a recruiter she was appropriately released from active duty as an ineffective recruiter rather than transferred to another position in an AGR status.  The Board concludes that the 19 March 1996 mental health evaluation that recommended she be removed from profile and returned to full-time recruiting duties, coming as it did two days prior to her actual release date, was too late to be an effective reason for preventing her separation.

7.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne___  __esc___  __sk____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012822	
SUFFIX		
RECON		
DATE BOARDED	19991103	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.