PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 July 1999                    
	DOCKET NUMBER:   AR1999027274

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

	Mr. Loren G. Harrell		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Stanley Kelley		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests in effect, amendment to the orders that transferred him from his unit to the Individual Ready Reserve (IRR) for unsatisfactory participation.  He submits several medical reports in support of his application.

3.  The applicant states that he was under medical treatment for psychological problems and was unable to attend unit drills.  His sergeant mishandled the paperwork during his sick leave.

4.  The applicant’s military records show that he enlisted in the Army Reserve for 8 years on 28 May 1989.  After completion of his initial active duty for training he was assigned as a bridge crewman to a USAR unit.  He continued to participate with his unit and was promoted to E-4 effective 3 November 1990.  On 5 December 1992 he was awarded the Army Achievement Medal for 18 months service as a company clerk.

5.  His quadrennial physical examination of January 1993 showed that he was in good health and qualified for retention without any physical limitations.  The applicant submits VA clinical records that show, while he was at annual training with his unit, he was admitted to a VA medical center from 29 July to 4 August 1993 for treatment of a psychotic disorder apparently triggered by a medication over-dose.  The VA record states that he was to be released to an Army hospital for follow-up treatment and referral for active psychiatric care.

6.  Although the medical profile is not in the available record a memorandum from his unit commander, sent by registered mail, states that the applicant’s temporary profile expired on 1 March 1994 and he was to attend unit drills.  The applicant signed for this registered letter.

7.  From April through October 1994 he was absent from 12 unit training assemblies.  The record shows that the applicant acknowledged receipt of only the notification for the absences of 15 and 16 October 1994, which were considered as unexcused, and brought his total to 12.  The notification letters for April and May absences were returned because he had closed his post office box.

8.  Although the medical profile is not in the available record a memorandum from his unit commander states that the applicant’s temporary profile expired on 1 March 1994 and he was to attend unit drills.  The applicant signed for this registered letter.

9.  A 17 October 1994 memorandum from the unit commander states that he has reviewed the applicant’s absences and the applicant was not able to offer cogent reasons for nine of them.  The commander determined that the applicant had now accumulated nine unexcused absences.  On 8 November 1994 orders were issued which transferred the applicant to the Individual Ready Reserve (IRR) effective 1 December 1994, for unsatisfactory participation.  On 7 May 1997 he was honorably discharged from the USAR.

10.  The applicant provides copies of Social Security documents concerning award of disability payments provided to his mother for his care effective 1 January 1997.  He also provides a 24 May 1999 letter from a doctor stating that he was treated for psychiatric problems from 4 April 1994 through 15 May 1996.

11.  Army Regulation 135-91 provides the policy for USAR service obligations and participation requirements.  It provides that a member must attend all scheduled drills unless excused by the unit commander.  Enlisted soldiers who are declared unsatisfactory participants may be transferred to the IRR.

12.  Army Regulation 140-10 provides the policy for assignment and transfer of USAR soldiers.  It provides for the voluntary reassignment of a USAR unit soldier to the IRR for cogent personal reasons as an exception to policy.

CONCLUSIONS:

1.  The applicant was treated on several occasions for a psychiatric disorder while still assigned to the USAR.  In January 1997 the Social Security Administration provided income to his mother for his care because he was not considered competent to manage his own funds and care.

2.  It is highly likely that this mental condition which existed prior to service (EPTS) interfered with his ability in the later years to attend drills or fully understand his rights and responsibilities.  It is equally likely from the evidence of record that his unit could have processed him for separation for failure to meet medical retention standards based on his EPTS psychiatric condition.

3.  Although he was properly transferred to the IRR in accordance with regulations in effect at the time, it appears that it would be in the interest of justice, and as an exception to policy, to show that he was voluntarily transferred to the IRR effective 1 December 1994.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That, as an exception to policy, all of the Department of the Army records related to this case be corrected by revoking or amending the order which transferred the individual concerned to the IRR by reason of unsatisfactory participation and showing that he was transferred to the IRR on that same effective date by reason of voluntary reassignment.

BOARD VOTE:  

__jhl___  __fkm___  ___sk___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn H. Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999027274	
SUFFIX		
RECON		
DATE BOARDED	19990701	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19970507	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.