IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150007810 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, correction of her record to show that she was discharged for medical reasons. 2. The applicant states that she got out with a family care plan. She had a disability rating of at least 30 percent (%). Even though she was given a sum of money for her family care plan she repaid those monies before receiving her disability pay. She also states that she received a Combat Action Badge for her service in Iraq. 3. The applicant does not provide any evidence. 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 enlisted in the Regular Army on 25 June 1995 and she held military occupational specialty 88M (Motor Transport). She served through reenlistments and/or extensions and she was promoted to the rank/grade of sergeant (SGT/E-5) on 1 October 1998. 3. The specific facts and circumstances surrounding her discharge processing are not available for review with this case. 4. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that on 30 September 2005, she was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8, by reason of parenthood with entitlement to half involuntary separation pay. She had completed 10 years, 3 months, and 6 days of creditable active service. 5. There is no evidence in her record, and she did not provide any evidence, that shows while serving on active duty she was treated for, or diagnosed with, any mental/medical condition/disorder that permanently prevented her from performing her assigned duties or that required referral to a medical evaluation board (MEB) or physical evaluation board (PEB). 6. On 29 June 2006, she enlisted in the Army National Guard (ARNG).\ 7. Army Regulation 635-200, paragraph 5-8 (Involuntary Separation Due to Parenthood), states Soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities. Specific reasons for separation because of parenthood include: (1) Inability to perform prescribed duties satisfactorily, (2) Repeated absenteeism, (3) Repeated tardiness, (4) Inability to participate in field training exercises or perform special duties such as charge of quarters and staff duty NCO, and (5) Non-availability for worldwide assignment or deployment according to the needs of the Army. 8. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. It states MEB's/PEB’s are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status. A decision is made as to the Soldier's medical qualification for retention based on the criteria in Army Regulation 40-501 (Standards of Medical Fitness), chapter 3. 9. Title 38, U.S. Code, sections 1110 and 1131, permit the Department of Veterans Affairs (VA) to award compensation for disabilities which were incurred in or aggravated by active military service. The VA, which has neither the authority, nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affect the individual's civilian employability. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian employability. Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. DISCUSSION AND CONCLUSIONS: 1. The complete facts and circumstances surrounding the applicant's discharge processing are not available for review with this case. However, her records shows she was involuntarily discharged by reason of parenthood. 2. In the absence of evidence to the contrary, it is presumed that her separation processing was accomplished in compliance with applicable regulations. There is no indication of procedural errors which would have jeopardized her rights, and it must further be presumed that the type of discharge directed and the reason for discharge were appropriate in her case. 3. The evidence of record does not show and she has not provided any evidence that shows she was ever treated for or diagnosed with any mental/medical condition/disorder that permanently prevented her from performing her assigned duties. Further, there is no evidence of any medical/mental conditions that warranted referral to an MEB or PEB while she was serving on active duty. 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) AR20150007810 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007810 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1