ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:
BOARD DATE: 15 March 2019 DOCKET NUMBER: AR20160014718

APPLICANT REQUESTS: Correction of his records to show he was separated due to a medical disability.

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 (ABCMR) 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 received an honorable discharge but the reason for his discharge was because he had two surgeries on his left shoulder while on active duty. When his expiration of term of service came up, he could not reenlist because he could not do push-ups and/or other things with his arm.

3. The applicant enlisted in the Regular Army on 22 April 1998 for a period of four years.

4. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was released from active duty and transferred to the U.S. Army Reserve on 21 April 2002, by reason of completion of required active service. His DD Form 214 also shows he was assigned a reentry eligibility (RE) code of 1.

5. On 21 September 2018, the Army Review Boards Agency (ARBA) senior medical advisor provided an advisory opinion. The advisory found the available documentation showed the applicant met medical retention standards for all medical conditions and there was no indication for physical disability evaluation system processing. There is no available evidence supporting a change to his narrative reason for separation or his separation code.  A copy of the complete medical advisory was provided to the Board for their review and consideration.
1. 

6. The medical advisory opinion was provided to the applicant to allow him the opportunity to provide additional evidence or a rebuttal.  He did not respond.

BOARD DISCUSSION:

After review of the application and all evidence, the Board agreed there is insufficient evidence to grant relief.  The applicant’s contentions, medical concerns, and the medical advisory opinion were carefully considered. Based upon the preponderance of evidence, the Board agreed the applicant met medical retention standards as there is no evidence he received a permanent profile in a manner to support he could not take an APFT.


BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
:
:
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
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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.



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.


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 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. Army Regulation Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria for enlistment and processing into the Regular Army and the U.S. Army Reserve. This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Chapter 3 of this regulation prescribes basic eligibility for prior-service applicants for enlistment. This chapter includes a list of Armed Forces RE codes. RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army, provided all other qualifications are met.

3. Army Regulation 40-501 (Standards of Medical Fitness) provides that for an individual to be found unfit by reason of physical disability, he/she must be unable to perform the duties of his or her office, grade, rank or rating.

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