IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150005640 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: 14 July 2016 DOCKET NUMBER: AR20150005640 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: 14 July 2016 DOCKET NUMBER: AR20150005640 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 her records to show she was medically discharged due to rheumatoid arthritis. 2. The applicant states, in effect, when she entered the Army on 29 February 1980 her records did not show any evidence of rheumatoid arthritis or any other type of autoimmune problem. By May 1982, she somehow contracted or aggravated her immune system bringing about her present day condition of rheumatoid arthritis. She believes that she entered the Army in 1980 in top shape. Her rheumatoid arthritis occurred when she was in the field and was bitten by a tick. All those years her immune system was showing signs of infections along with the chronic condition of arthritis and a rash all over her body. Her discharge should have been medical and she should have received treatment. 3. The applicant provides copies of documentation showing she was seen for several medical conditions, including rheumatoid arthritis, from 1995 to 2014. 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 U. S. Army Reserve (USAR) delayed entry program on 11 July 1979 and entered active duty in the Regular Army on 29 February 1980. She completed the training requirements and she was awarded military occupational specialty 76P (Materiel Control and Accounting Specialist). 3. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was honorably released from active duty on 27 October 1980 due to pregnancy and transferred to the USAR. 4. She reenlisted in the USAR on 23 April 1981. 5. A Headquarters, 85th Division Training Logistics Group, Memorandum, Subject: Request for Medical Evaluation, dated 30 June 1986, reports the applicant took a retention physical on 7 June 1986 and the doctor determined she was not qualified for retention in the USAR. She had expressed a strong desire to be retained in an active status in the USAR. The applicant’s commander requested the applicant have a medical evaluation to determine whether she was medically qualified to be retained in the USAR. 6. On 10 March 1987, the Chief, Separation Division, USAR Personnel Center, indicated a waiver was disapproved by the Army Medical Review Authority. The applicant was to be discharged from the USAR based on medical disqualification. She had rheumatoid arthritis with recurrent exacerbations involving multiple joints that rendered her periodically unable to perform full military duties. This condition was determined to be unfitting for retention under Army Regulation (AR) 40-501 (Standards of Medical Fitness), paragraph 3-14a(4). Due to the interference with the performance of duty a waiver could not be granted. She was also unfit under the provisions of AR 40-501, paragraph 3-36d due to the progressive, increasingly severe nature of the disease. 7. Orders 53-2, Headquarters, Fourth U. S. Army, dated 30 March 1987, show the applicant was honorably discharged from the USAR 30 March 1987. The authority for the discharge is listed as AR 135-178 (Army National Guard and Army Reserve Separation of Enlisted Personnel), paragraph 12-1 (Medically Unfit for Retention). 8. A Consult Request, dated 5 February 2002, indicates the applicant had a history of rheumatoid arthritis diagnosed in 1982. 9. The applicant's military medical records are not available for review. REFERENCES: 1. AR 40-501 provides information on medical fitness standards for induction, enlistment, appointment, and retention and related policies and procedures. Chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement) gives the various medical conditions and physical defects which may render a member unfit for further military service. Paragraph 3-14a(4) lists rheumatoid arthritis or rheumatoid myositis. 2. AR 135-178 states in paragraph 12-1 that separation will be accomplished by separation authorities when it has been determined that an enlisted Soldier is no longer qualified for retention by reason of medical unfitness unless the Soldier requests and is granted a waiver under AR 40–501 or is eligible for transfer to the Retired Reserve. DISCUSSION: 1. The available evidence shows the applicant was determined to be medically unqualified for retention in the USAR due to her diagnosis of rheumatoid arthritis and was discharged on 30 March 1987. 2. There is no available evidence of rheumatoid arthritis while the applicant was on active duty. 3. Based on a review of the available medical records and supporting documentation and in accordance with AR 40-501, chapter 3, the applicant was not eligible to be retained in the USAR at the time of her discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150005640 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150005640 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2