RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060010561 


	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.


X

	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 reconsideration of her request to be discharged by reason of physical disability.

2.  The applicant states, in effect, that she should have been medically discharged but was instead discharged from the United States Army Reserve (USAR) at the last minute.  

3.  The applicant provides a copy of a line of duty investigation completed on 19 February 2002.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050014812, on 31 May 2006.

2.  On 12 April 2003, the applicant was issued a permanent physical profile for low back pain, bursitis in shoulders, knees and hips.  The issuing physician determined that she did not meet the medical standards for retention and deployment and recommended that she be referred to a medical review board.   

3.  The applicant was notified that her condition disqualified her for retention in the USAR and was afforded three options.  She was given the option to be transferred to the Retired Reserve if eligible, to be discharged from the USAR with an honorable discharge or to be evaluated by a non-duty related physical evaluation board.  

4.  On 13 July 2004, the applicant provided officials at the 89th Regional Readiness Command with a statement in which she requested that she be voluntarily discharged from the USAR with an Honorable Discharge Certificate.   

5.  Accordingly, she was honorably discharged from the USAR on 2 September 2004.  






DISCUSSION AND CONCLUSIONS:

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 this requirement.
    
2.  While the Board does not doubt the veracity of her claim that she was undergoing a medical evaluation, at the time she voluntarily requested to be honorably discharged from the USAR, her medical evaluation was no longer considered.    

3.  The applicant, in exercising her rights at the time, is the person who stopped any and all medical processing that was underway at the time and she has failed to show any basis for error or injustice in her discharge proceedings.  She received exactly what she requested at the time and there appears to be no basis to grant her request at this time.  

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 to amend the decision of the ABCMR set forth in Docket Number AR20050014812, dated 31 May 2006.




____X_______
          CHAIRPERSON




INDEX

CASE ID
AR20060010561
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070405
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         1.108.0000
177/phy dis
2.

3.

4.

5.

6.