BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150013786 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 BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150013786 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. BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150013786 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 his U.S. Army Reserve (USAR) discharge orders to show he was discharged under the provisions of Army Regulation 135-178 (Separation of Enlisted Personnel), chapter 6, paragraph 6-7 (Convenience of the Government). 2. The applicant states: a. He would like a corrected U.S. Army Reserve (USAR) honorable discharge letter showing the authority, chapter, section, and paragraph for his discharge. b. At the time of his discharge, he was not told why he was being discharged. He knew the reason but the Army did not advise him in writing. He was told to show up at the Reserve center and sign a piece of paper. He does not know what was written on it, as he was still unwell and on medication. c. He was not given a medical examination prior to his discharge. His doctor had sent a letter to the USAR Center, Edison, NJ, advising them of his medical condition. d. It would only be fair and equitable since he provided a letter from his psychiatrist and a discharge summary from a hospital. It also would give the Army Board of Correction to Military Records (ABCMR) the opportunity to show some fairness towards him, it would show his service in a more favorable light, and the ABCMR would not have to give him a medical discharge. 3. The applicant provides: * Navy Personnel (NAVPERS) 1616/24 (Evaluation Report and Counseling Record), dated 29 November 1984 * DD Form 368 (Request for Discharge or Clearance from Reserve Component), dated 4 December 1985 * Honorable Discharge Certificate, dated 11 December 1985 * DD Form 4/2, (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 6 October 1989 * Orders 83-22, issued by Headquarters, First U.S. Army and Fort George G. Meade, MD, dated 11 June 1991 * Memorandum, subject: Retirement Points for [Applicant], issued by the USAR Personnel Command, dated 11 June 1999 * Memorandum, subject: [Applicant], issued by the U.S. Army Human Resources Command (HRC), dated 14 February 2007 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Medical records 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 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’s record is incomplete. There is no evidence of his separation package, nor does he provide one to show the specific reason for his separation. 3. The applicant's records show he enlisted in the New Jersey Army National Guard (NJARNG) on 23 December 1981 and held military occupational specialty (MOS) 11B (Infantryman). 4. He entered active duty for training (ADT) on 3 May 1982 and completed required training for MOS 11B. He was honorably released from ADT on 5 August 1982. 5. He was honorably discharged from the NJARNG on 28 November 1984. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he completed 3 years of ARNG service. 6. His DA Form 2-1 (Personnel Qualification Record) shows he enlisted in the U.S. Navy Reserve on 29 November 1984. His U.S. Navy records are not available for review with this case. 7. He enlisted in the USAR in the rank/grade of specialist four (SP4)/E-4 on 12 December 1985. He was assigned to Company C, 78th Division Training Group, Edison, NJ. 8. On 4 February 1987, Headquarters, 78th Division, published Orders 8-2 reassigning him from his troop program unit to the USAR Control Group (Reinforcement) effective 4 February 1987 as an unsatisfactory participant. 9. He reenlisted in the USAR on 6 October 1989. He was assigned to the USAR Control Group (Reinforcement). 10. On 29 December 1989, the USAR Personnel Center, St. Louis, MO, published Orders C-12-062665 reassigning him from the USAR Control Group (Reinforcement) to a troop program unit of the USAR, Headquarters and Headquarters Company, 78th Division, effective 26 December 1989. The orders show his expiration term of service (ETS) date was 5 October 1995. 11. On 11 June 1991, Headquarters, First U.S. Army, Fort Meade, MD, published Orders 83-22 ordering his honorable discharge from the USAR under the authority of Army Regulation 135-178, effective 11 June 1991. 12. The applicant provides medical documentation from a civilian medial provider, the Barnabas Medical Center, Livingston, NJ, that shows he was admitted to the hospital on 15 November 1990. He received a diagnosis of major depression with psychotic features and general anxiety disorder on 29 November 1990. REFERENCES: Army Regulation 135-178 (Separation of Enlisted Personnel) sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of ARNG and USAR enlisted Soldiers for a variety of reasons: a. Chapter 4 (Convenience of the Government), paragraph 7, of the version in effect at the time is for the discharge of Soldiers who did not meet the medical fitness standards: (1) Commanders who are separation authorities are authorized to discharge Soldiers who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment, or who became medically disqualified under these standards prior to entry on inactive duty for training (IADT). Eligibility for discharge will be governed by the following: * a medical finding of the Staff Surgeon that the Soldier has a medical condition that would have permanently disqualified him or her from entry in the military service had it been detected or had it existed at the time of enlistment and does not disqualify him or her from retention in the military service under the provisions of AR 40-501, chapter 3 * a Soldier found to meet the requirements above will be discharged on the earliest practicable date following such determination and prior to entry on initial tour of ADT * the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11, apply to Soldiers on active duty or IADT at the time such medical disqualification is discovered or determined * Soldiers who do not meet the medical fitness standards for retention due to a condition incurred while on active duty, any type of active duty training, or IADT will be processed as specified in Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 8 (Reserve Components) * this paragraph is not to be used as a substitute for personality disorder separations or unsatisfactory performance separations in cases of character and behavioral disorders. Such cases will be processed under paragraph 4-8 and chapter 6 of this regulation b. Chapter 6 (Unsatisfactory Performance), paragraph 7, of the version in effect at the time states a unit commander may determine that an enlisted Soldier under his or her control should be processed for separation under paragraph 6-4 (Separation Authority). When this occurs, the unit commander may initially refer the Soldier to a medical officer or civilian physician and request a medical evaluation. (This action .is specified in AR 140-120 (Medical Examinations), paragraph 8 (Examiners and Examination Facilities). The commander may make this medical evaluation request when it is deemed necessary based on-the circumstances of the case. The request for and the contents of the report will be as provided in paragraph 1-10 (Medical Evaluations). DISCUSSION: 1. The applicant requests correction of his USAR discharge orders to show he was discharged under the provisions of Army Regulation 135-178, chapter 6 (Convenience of the Government), paragraph 6-7 (Other Designated Physical or Mental Conditions). It appears the applicant has referenced the current version of the regulation. When he was discharged, chapter 6 provided the authority for separation based on unsatisfactory performance, and paragraph 6-7 provided for medical evaluations in conjunction with this type of separation. At the time, chapter 4 of Army Regulation 135-178 provided for the discharge of Soldiers who did not meet the medical fitness standards. 2. The applicant’s USAR discharge orders, dated 11 June 1991, show he was honorably discharged from the USAR on 11 June 1991 well in advance of his ETS under the provisions of Army Regulation 135-178. The orders do not list the relevant chapter or paragraph for his separation, nor does his military service record document the specific reason for his discharge. 3. The applicant provides medical documentation that shows he was diagnosed with major depression with psychotic features by a civilian medical provider prior to his separation from service; however, the available records do not confirm that his medical conditions were the basis for his discharge. Absent additional military records showing the approved basis for discharge, any correction to the record in question would, in effect, be based on speculation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013786 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013786 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2