IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150005208 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 correction of his record to show he was discharged for medical reasons. 2. The applicant states he was harassed during his tour in Germany and received a medical discharge due to his mental health. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show that he received a medical discharge. 3. The applicant provides his DD Form 214. 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 was inducted into the Army of the United States on 25 June 1969. He held military occupational specialty 91A (Medical Corpsman). 3. His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Germany from 24 November 1969 through 14 June 1971. 4. The available evidence indicates he received nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on the following occasions: * on 20 July 1970 for: * * carrying a concealed weapon * disorderly conduct * being absent without leave * on 28 December 1970 for: * failing to go to appointed place of duty * disobeying a lawful order 5. He was honorably discharged on 15 June 1971 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 5, as an overseas returnee (separation program number 411). He was transferred to the U.S. Army Reserve Control Group (Annual Training). 6. His DD Form 214 shows he completed 1 year, 11 months, and 21 days of net service this period. 7. He did not provide any evidence to show that he was medically/physically unfit at the time of discharge. 8. His service medical records are not available for review. 9. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. Paragraph 3-1 provides that the mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the member may reasonably be expected to perform because of his or her office, rank, grade, or rating. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated. 10. Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, provides the various medical conditions and physical defects which may render a Soldier unfit for further military service and which fall below the standards required for the individuals. These medical conditions and physical defects, individually or in combination, are those that significantly limit or interfere with the Soldier's performance of his or her duties, may compromise or aggravate the Soldier's health or well-being if they were to remain in the military service (this may involve dependence on certain medications, appliances, severe dietary restrictions, or frequent special treatments, or a requirement for frequent clinical monitoring), may compromise the health or well-being of other Soldiers, and/or may prejudice the best interests of the government if the individual were to remain in the military service. DISCUSSION AND CONCLUSIONS: 1. The applicant states he received a medical discharge; however, records show he was discharged under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee upon his return from Germany. 2. A Soldier is considered unfit when the evidence establishes that the Soldier is unable to reasonably perform the duties of his or her office, grade, rank, or rating. In the applicant’s case there is no evidence and the applicant has not provided any evidence to show that he was medically/physically unfit at the time of discharge and that he should have been processed for separation due to a physical disability. 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) AR20150005208 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005208 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1