ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

	BOARD DATE:  11 October 2019

	DOCKET NUMBER:  AR20170015358


APPLICANT REQUESTS:  in effect, reconsideration of his earlier request to have 
his narrative reason corrected to read medical disability for his discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	VA Form 21-4138 (Department of Veterans Affairs (VA) Statement in Support 
of Claim), dated 26 July 2017
*	VA Claim Decision, dated 2 June 2017
*	Personal statement in support of dated August 2013
*	Physical profile from unit temporary to permanent dated August 2013
*	Department of the Army Unit discharge (Honorably) dated 26 February 2014
*	Department of the Army doctor’s letter dated 23 June 2011
*	VA aftercare letter dated 8 November 2012
*	Disabled American Veterans (DAV) official notification decision letter dated 
22 July 2016 from injuries sustained while on active duty for training resulting 
in early discharge from United States Army Reserves
*	Pre-op surgery instructions VA Palo Alto Health Care
*	Brigade physical training (PT) profile from sustained injury dated 25 April 
2011
*	Physical Readiness Physical training scorecard (record pass)
*	Orders (active duty) to begin training dated 25 January 2011
*	Pages from his initial reserves enlistment contract

FACTS:

1.  Incorporated herein by reference are military records which were summarized in 
the previous consideration of the applicant's case by the Army Board for Correction 
of Military Records (ABCMR) in Docket Number AR20150009182 on 12 April 2016.

2.  The applicant states he would like his honorable discharge from the U.S. Army 
Reserves under authority Army Regulation (AR) 135-178 to show he was separated 
due to a medical service connect disability.  He states during his early discharge 
from duty he was in rehabilitation from surgery due to a service connected injury 
while on active duty for training.  A permanent profile would not allow him to fulfil his 
duties, he was released and denied by the ABCMR in 2016.  

3.  The applicant provides:

a.	An updated VA Form 21-4138 (Department of Veterans Affairs (VA) 
Statement in Support of Claim), dated 26 July 2017 that shows he is requesting 
benefits.

b.	A VA decision letter awarding him cost of living adjustment and compensation 
rating adjustment.

c.	A copy of the previous documentation packet he submitted to the Board.

4.  Review of the applicant’s records shows

	1.  He enlisted in the Army National Guard on 29 January 2008.  On 16 October 
2009, he was discharged from the Army National Guard under honorable conditions
(general) and assigned to the USAR Control Group (Reinforcement).  He was 
ordered to active duty for training as a member of the USAR on 17 February 2011.

	2.  On 23 June 2011, the applicant provided a memorandum for record from an 
orthopedic surgeon at Brooke Army Medical Center, which stated the applicant was 
currently under doctor’s care and being seen for his left ankle.  The doctor wanted to 
perform surgery on 15 July 2011 and requested and extension in his currently duty 
for at least 4 weeks following the date of surgery.  

   3.  He was released from active duty training on 15 July 2011 by reason of 
completion of required active service.

	4.  He provided medical documentation showing he underwent surgery for his 
ankle on 24 October 2012.

	5.  In a previous self-authored letter to the Department of Veterans Affairs (not 
available for review) wherein he stated:

a.	He was introduced to cocaine and began drinking alcohol heavy while 
trying to adapt to a regimented military lifestyle.

	b.  Running and training on dirt, uneven pavement, and hard asphalt surfaces 
during his active duty for training in 2011 directly caused injury to his lower 
extremities.

	6.  He received a permanent physical profile with a rating of 3 in the lower 
extremities factor for right ankle osteoarthritis post-surgery and left knee 
degenerative joint disease in October 2013.

   7.  On 28 March 2014, he was honorably discharged from the USAR.

	8.  On 12 April 2016, the Army Board for Correction of Military Records reviewed 
the applicant’s case and denied his request based on the evidence presented. 

	9.  By regulation (AR 135-178), discharge will be accomplished when it has been 
determined that an enlisted member is no longer qualified for retention by reason of 
medical unfitness unless the member requests and is granted a waiver or is eligible 
for transfer to the Retired Reserve.  Reserve Component members 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 inactive duty training will be processed as 
specified in AR 635-40.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted.  Based upon the applicant failing to provide any new 
evidence from the previous ABCMR decision, the Board concluded that there was 
insufficient evidence of an error or injustice which would warrant making a change to 
the applicant’s military service record.

   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.

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.  Army Regulation 135-178 (USAR Enlisted Administrative Separation) in effect at 
the time, established the policies, standard, and procedures governing the 
administrative separation of enlisted Soldiers from the Reserve Components (RC).  
Chapter 3 states discharge will be accomplished when it has been determined that 
an enlisted member is no longer qualified for retention by reason of medical 
unfitness unless the member requests and is granted a waiver or is eligible for 
transfer to the Retired Reserve.  RC members 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 inactive duty training will be processed as specified in Army 
Regulation 635-40.  

3.  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.  

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170015358

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