ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  24 May 2019

	DOCKET NUMBER:  AR20160014248


APPLICANT REQUESTS: his honorable (Expeditious Discharge Program (EDP)) discharge be changed to a medical discharge. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he had a bladder problem and was seen by a doctor.  He should have been medically discharged. 

3.  On 13 February 1975:
     a.  The applicant’s commander initiated separation action under the provisions of Department of the Army (DA) message, dated 011510Z August 1973.  The commander stated the reasons for his proposed actions were the applicant’s lack of motivation, maturity, and attitude which is conducive to his remaining in the Army.  The applicant’s inability to control normal body functions, bedwetting, denotes a person who is having extreme problems adjusting.
     b.  The applicant acknowledged receiving written notification showing he was being considered for separation prior to his expiration of his term of service.  He also acknowledged he understood that due to not completing the requisite active duty service period, his veterans' benefits would be negatively affected.  He indicated he did not desire representation by counsel, he did not desire a separation physical, and he would not make a statement or submit a rebuttal on his behalf.

4.  On 18 February 1975, an authorized official approved the applicant’s separation under the provisions of DA message, dated 011510Z August 1973, and directed he receive an Honorable Discharge Certificate.
5.  On 24 February 1975, the applicant was honorably discharged.  He completed 1 month and 19 days of net active service this period.
6. On 14 March 2019, the Army Review Boards Agency (ARBA) medical advisor provided an advisory opinion.  The advisory found after comprehensive review of the medical and other records there is insufficient cause to recommend a change in the discharge type or narrative reason for the contended condition. No disability rating is recommended.  A copy of the complete medical advisory was provided to the Board for their review and consideration.

7.  On 21 March 2019, the applicant was provided a copy of the Advisory for comment or rebuttal.  He did not respond.

8.  DA Message, with a date/time group of 011510Z August 1973, provided the standards and criteria for the program for evaluation and discharge of enlistees before 180 active duty days.  

9.  Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation) establishes the Physical Disability Evaluation System (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 office, grade, rank, or rating.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, evidence in the record and the advisory opinion. The Board discussed the applicant’s statement and the conclusion by the advising official based on a review of the medical records and determined that the evidence was not sufficient to support a medical discharge.

2.  After reviewing the application and all supporting documents, the Board found the relief was not warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  DA Message, with a date/time group of 011510Z August 1973, provided the standards and criteria for the program for evaluation and discharge of enlistees before 180 active duty days.  This program was implemented effective 1 September 1973 pending the revision of Army Regulation 635-200.  This program was designed to enable commanders to expeditiously discharge the individual who lacks the necessary motivation, discipline, ability or aptitude to become a productive soldier when this individual:  (1) was voluntarily enlisted in the Regular Army, the Army National Guard or the Army Reserve; (2) is in basic combat training or basic training or in military occupational specialty (MOS) training or advanced individual training, A service school, in units or on job training prior to the award of an MOS or will have completed no more than 179 days active duty by the date of discharge, whichever occurs earlier, (3) has demonstrated that he is not qualified for retention for one or more of the following reasons:  (a) cannot or will not adapt socially or emotionally to military life; (b) cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability or motivation; (c) does not meet the moral, mental or physical standards for enlistment including disqualifying drug use in accordance with Army Regulation 601-210.  The program does not apply to personnel who should be eliminated under provisions of paragraph 13-5a, Army Regulation 635-200 for unfitness or, chapter 14, Army Regulation 635-200, fraudulent enlistment; or (d) has demonstrated character and behavior characteristics not compatible with satisfactory continued service.  Individuals discharged under the authority of this message were given an honorable discharge.  
3.  Army Regulation 635-40 establishes 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 office, grade, rank, or rating.  Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting separation for disability.  
     a.  The disability system assessment process involves two distinct stages:  the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB).  The purpose of the MEB is to determine whether the service member’s injury or illness is severe enough to compromise his or her ability to return to full duty based on the job specialty designation of the branch of service.  A PEB is an administrative body possessing the authority to determine whether or not a service member is fit for duty.  A designation of "unfit for duty" is required before an individual can be separated from the military because of an injury or medical condition.  Service members who are determined to be unfit for duty due to disability are either separated from the military or are permanently retired, depending on the severity of the disability and length of military service.  Individuals who are "separated" receive a one-time severance payment, while veterans who retire based upon disability receive monthly military retirement payments and have access to all other benefits afforded to military retirees. 
     b.  The mere presence of a medical impairment does not in and of itself justify a finding of unfitness.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform because of his or her office, grade, rank, or rating.  Reasonable performance of the preponderance of duties will invariably result in a finding of fitness for continued duty.  A Soldier is physically unfit when a medical impairment prevents reasonable performance of the duties required of the Soldier's office, grade, rank, or rating.
4.  Army Regulation 40-501(Standards of Medical Fitness) governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement.  Once a determination of physical unfitness is made, the PEB rates all disabilities.  The VA Schedule for Rating Disabilities is used by the Army and the VA as part of the process of adjudicating disability claims.  It is a guide for evaluating the severity of disabilities resulting from all types of diseases and injuries encountered as a result of, or incident to, military service.  This degree of severity is expressed as a percentage rating which determines the amount of monthly compensation

ABCMR Record of Proceedings (cont)	 AR20160014248
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