ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 May 2019

	DOCKET NUMBER:  AR20170019594


APPLICANT REQUESTS:  in effect, reconsideration of his earlier request to show he was medically discharged. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
Online application 

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 AR1999021208 on 25 January 1999.

2.  The applicant states that he was released from active duty with a service connected disability that should have warranted a medical review board and medical retirement.  He is a service connected disabled veteran.  At the time of discharge, he was on profile for foot, ankle, knee issues as well as groin pain and back pain.  He also suffered from post-traumatic distress disorder (PTSD) and contends that the issues are a direct result of military service and requests to be placed back on active duty pending a medical review board and medical retirement.  He had numerous medical issues that later resulted in the Veteran Affairs (VA) granting him 100% service connected disability.

3.  A review of the applicant’s record show:

	a.  His most recent statement of service record shows:

* from 1 June 1988 to 12 June 1990, he served in the Army National Guard (ARNG)
* from 13 June 1990 to 28 March 1994, he served in the U.S. navy or in the U.S. Navy Reserve 

	b.  He enlisted in the Regular Army on 29 March 1994.  He held military occupational specialties 63T (Fighting Vehicle Mechanic) and 31P (Microwave Systems Operator/Maintainer). 

	c.  He served in Macedonia from 20 May 1995 to 1 November 1995 in support of Operation Provide Promise.

	d.  He was honorably discharged from active duty on 29 March 1994, under the provisions of Army Regulation (AR) 635-200, chapter 4 (completion of required active service).  His DD Form 214 shows he completed 3 years and 6 months of active service.  

4.  On 10 May 2018, a medical advisory opinion was received from the Army Review Boards Agency psychologist  who opined that there was insufficient evidence of a medical disability or condition which would support a change to the character or reason for the discharge in this case.  

5.  On 15 May 2018, the applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal.  He did not respond. 

6.  AR 635-200 states that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.  The period of military service required for all Soldiers of the Army will be in accordance with applicable laws.  

7.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Disability Evaluation System (DES) 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 or her office, grade, rank, or rating.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the medical advisory’s finding that there was insufficient evidence of a medical disability or condition which would support a change to the character or reason for the discharge and  the applicant failed to rebut those findings, the Board concluded there was insufficient evidence to change the narrative reason for separation.


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 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of this regulation states a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.  The period of military service required for all Soldiers of the Army will be in accordance with applicable laws.

2.  Army Regulation (AR) 635-200 (Personnel Separations) provides in chapter 4 for the separation of enlisted Soldiers upon completion of their contractual obligations. 

3.  AR 40-501 (Standards of Medical Fitness), states that individuals evaluated under the medical fitness standards contained in this regulation will be reported as medically acceptable for those who meet the medical fitness standard or are medically unacceptable by the reason of medical unfitness for those who possess any one or more of the medical conditions or physical defects listed in this regulation.

4.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Disability Evaluation System (DES) 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 or her office, grade, rank, or rating.  It provides for medical evaluation boards, which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria prescribed in AR 40-501, which governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement.


ABCMR Record of Proceedings (cont)	 AR20170019594


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