RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070010377 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Rene’ R. Parker 

Analyst

The following members, a quorum, were present:


Mr. Curtis Greenway

Chairperson

Mr. Joe Schroeder

Member

Mr. Qawly Sabree

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests a medical retirement.

2.  The applicant states, in effect, that since her discharge, she has been unemployed for over 20 years due to the severity of her migraine headaches.  She maintains that her migraine headaches existed at the time of her discharge, but she was not granted any type of disability or compensation.  The applicant states that her Army Medical Records, DD Form 722, and a physician statement support her claim.  However, these documents were not included with her application.

3.  The applicant does not provide any documentation with her application. 

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's records show that she enlisted in the Regular Army and entered active duty on 4 August 1975.  She was credited with 3 years of active federal service at the time of her honorable discharge on 3 August 1978.

3.  The applicant's DD Form 214 (Report of Separation from Active Duty from the Armed Forces of the United States) shows the authority for her discharge as Army Regulation 635-200 (Enlisted Personnel) chapter 2, indicating that she was separated at her “Expiration term of service.”

4.  There were no medical records available to the Board and the applicant provided no medical records.

5.  Army Regulation 635-40 states that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.  When a Solider is being processed for separation or retirement for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the Soldier is scheduled for separation or retirement, is an indication that the applicant is fit.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which confirms that she was physically unfit to perform her duties at the time of her separation.

2.  The evidence of record indicates she did not have any medically unfitting disability which required physical disability processing.  Therefore, there is no basis for a medical separation or retirement.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___CG __  __JS  ___  __QS ___  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.




_____Curtis Greenway________
          CHAIRPERSON


INDEX

CASE ID
AR20070010377
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080110
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
136.06
2.

3.

4.

5.

6.