IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150000274 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150000274 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150000274 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 a medical discharge. 2. The applicant states that he suffered from bi-polar disorder and grand mal seizures at the time of his discharge. 3. The applicant provides a document titled “Where to Send Your Written Correspondence” in support of his 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 enlisted in the West Virginia Army National Guard (WVARNG) on 12 May 1987, for a period of 8 years. He was trained in and awarded military occupational specialty 12B (Combat Engineer). 3. The applicant’s official military personnel file includes the following documents as indicated: a State of West Virginia, Adjutant General’s Department, Orders Number 111-27, directed the applicant’s discharge from the ARNG and his transfer to the U.S. Army Reserve (USAR) Control Group on 17 June 1988. b. National Guard Bureau (NGB) Form 22 (NGB – Report of Separation and Record of Service) shows he was discharged by reason of “Continued and Willful Absences” and issued a “general, under honorable conditions” characterization of service on 17 June 1988. c. USAR Personnel Center, Orders Number C-11-037167, dated 21 November 1990, relieved the applicant from the USAR Control Group and assigned him to a Troop Program Unit (TPU), 459th Engineer Company, effective 15 November 1990. His expiration term of service date was 11 May 1995. d. Headquarters, 99th USAR Command, Orders Number 109-342, dated 18 February 1992, directed the applicant’s reassignment to the USAR Control Group (Annual Training) by reason of “Unsatisfactory Participation” on 18 February 1992. e. USAR Personnel Center Orders Number D-10-588630, dated 10 October 1995, directed the applicant’s honorable discharge from the USAR. 4. The applicant’s military record does not include and he did not provide medical evidence or any other documents to show he suffered from any physical or mental conditions that would have warranted his processing through the Army’s Physical Disability Evaluation System (PDES). REFERENCES: 1. Army Regulation 135-178 (ARNG and Army Reserve Enlisted Administrative Separations) prescribes the policies for the separation of enlisted Soldiers from the Reserve Components. Chapter 15 of this regulation provides for separation when it has been determined that an enlisted Soldier is no longer qualified for retention by reason of medical unfitness. 2. Army Regulation 635-40 establishes the Army’s PDES 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 contains guidance on the standards of unfitness because of physical disability. It states, in pertinent part, 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 Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating. DISCUSSION: 1. The applicant contends he should receive a medical retirement. 2. The evidence of record confirms the applicant last served in a TPU in the USAR from 15 November 1990 to 18 February 1992, at which time he was relieved from his assignment by reason of “unsatisfactory participation.” He subsequently completed his final 3 years, 7 months, and 22 days of service in an inactive status in the USAR Control Group from 19 February 1992 through 10 October 1995, at which time official orders were published honorably discharging him from the USAR under the provisions of Army Regulation 135-178. 3. His record does not contain and he did not provide any evidence to show he suffered from a medical or mental condition that would have warranted processing him through medical channels. As a result, there is no basis upon which to grant the requested relief in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150000274 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150000274 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2