IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150011739 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: 23 August 2016 DOCKET NUMBER: AR20150011739 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: 23 August 2016 DOCKET NUMBER: AR20150011739 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. 2. The applicant states: * she was never given a medical evaluation board for Gulf War syndrome/ multiple chemical sensitivities even though she was sick starting in 1991 * she was placed in the Individual Ready Reserve (IRR) by her unit * she was not given a medical evaluation board for service-connected disabilities * she was illegally placed in the IRR without her permission and she was not afforded counsel * she was and still is sick * she was diagnosed as having Gulf War syndrome and multiple chemical sensitivities by the Department of Veterans Affairs 3. The applicant provides: * letter of disability from the Department of Veterans Affairs Southern Nevada Healthcare System, dated 15 December 2008 * Honorable Discharge Certificate * National Guard Bureau Form 22 (Report of Separation and Record of Service) * U.S. Army Reserve (USAR) discharge orders, dated 14 February 1995 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. Having prior inactive service in the USAR, the applicant enlisted in the Army National Guard on 22 February 1986. 3. Her records contain a self-authored letter, dated 8 June 1988, showing she requested entry in the IRR effective immediately. 4. On 23 August 1988, per her request, she was honorably discharged from the Army National Guard and assigned to the USAR Control Group (Reinforcement) (also known as the IRR). 5. Headquarters, 70th Division (Training), Orders 15-003, dated 25 February 1992, show she was released from assignment to the 5089th U.S. Army Recruiting Battalion and reassigned to the IRR effective 9 February 1992 by reason of enlistment in the IRR. 6. She was honorably discharged from the USAR on 14 February 1995 upon completion of her military service obligation. 7. There is no evidence showing she deployed in support of the Gulf War. 8. There is no evidence showing she was diagnosed with any unfitting medical condition prior to her discharge. 9. Her service medical records are not available for review by the Board and she did not provide any evidence showing she was found unfit for continued military service. 10. She provided a letter from a Department of Veterans Affairs physician, dated 15 December 2008, which states she has known multi-chemical sensitivities and Gulf War syndrome. REFERENCES: 1. 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. The unfitness must be of such a degree that a Soldier is unable to perform the duties of his or her office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his or her employment on active duty. 2. Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade, or rating because of disability incurred while entitled to basic pay. DISCUSSION: 1. The evidence of record does not support the applicant's contention she was illegally placed in the IRR without her permission and she was not afforded counsel. The evidence of record shows she voluntarily requested reassignment to the IRR in June 1988. 2. She contends she should have been medically discharged. There is no evidence of record and she provided no evidence showing she suffered a medical condition that rendered her unable to perform her military duties. 3. The evidence of record shows she was honorably discharged from the USAR on 14 February 1995. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011739 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011739 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2