IN THE CASE OF: 

		BOARD DATE:  20 October 2022

		DOCKET NUMBER: AR20190009453


APPLICANT REQUESTS: change her 1991 U.S. Army Reserve honorable discharge to 
a medical discharge. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	1987 MRI to the Brain printout
*	1993 Neurological Report
*	2015 Statement in Support of VA Claim

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, 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 at the time of her resignation from the U.S. Army Reserve 
(USAR), she received an honorable discharge. She was not told her options of pursuing 
a medical discharge even though her letter of resignation specifically cited health issues 
of multiple sclerosis. She believes except for her illness, she would have continued her 
service in the USAR., 

3.  Review of the applicant’s service records shows: 

	a.  She was appointed as  reserve commissioned officer on 18 March 1977. 

	b.  She entered active duty for training (ADT) on 14 May 1977 and completed the 
Signal Officer Basic Course. She was honorably release from ADT on 13 August 1977 
due to completion of her required active duty. 

	c.  She was promoted to captain in the USAR in March 1984. 

	d.  On 15 August 986, she voluntarily transferred from her troop program unit (TPU), 
4157th  U.S. Army Reserve School in Baton Rouge, LA to the USAR Control Group 
(Reinforcement).

	e.  On 27 February 1987, she voluntarily transferred from the USAR Control Group 
(Reinforcement) to 169th Combat Support Group another TPU in Warrensville, OH. 

	f.  On 22 August 1987, she requested and was approved for reassignment from the 
169th Combat Support Group to another TPU, 2361st Signal Center Detachment, 
Akron, OH. 

	g.  On 14 May 1988, she requested a voluntary transfer from the 2361st Signal 
Center Detachment, to the USAR Control Group (reinforcement). 

	h.  There are no orders, activity, or actions in her service record beyond 14 May 
1988. 

	i.  Her service record does not contain, and she does not provide her resignation 
from the USAR. Her DA Form 5106 (Chronological Statement of Retirement Points) 
shows she was discharged from the USAR on 20 July 1991. She completed 7 qualifying 
years of service towards non-regular retirement. 

4.  She provides: 

	a.  A printout dated 6 February 1987 and is titled MRI to the Brain that reads “Three 
rounded areas of abnormally high signal are seen within the periventricular white matter 
on the T2-weighted and spin density images. Two of the lesions are located in the left 
frontal lobe (store #11), with the remaining lesion in the right occipital lobe (store #13). 
The remainder of the study is normal in appearance. No other focal lesions are seen, 
and no abnormal extra-axial fluid collections are present. The cerebellar tonsils are in 
normal position” and “OPINION: The findings would be consistent with a diagnosis of 
demyelinating disease.” 

	b.  Neurology Report dated 9 June 1993 that reads “[name] is a year old woman 
whose husband is who is a physician. She had the diagnosis of multiple sclerosis made 
in 1987 after having 3 separate episodes of optic neuritis in 1979, '85 and '86. In 1987 
she developed what she called spasms in her right arm which led to the diagnosis of 
multiple sclerosis after an abnormal MRI scan and abnormal evoked potentials. She's 
had difficulty with her right leg and gait disturbance over the last few years. Over the last 
3-4 weeks she's had a change in usual status with left leg paresthesia and stiffness. 
She currently denies bladder symptoms. The remainder of her neurologic inventory is 
basically unremarkable. She specifically denies difficulty with her arms. She's had no 
recent diplopia. She's been taking Prednisone 60 mg. daily over the past week and 
Norflex b.i.d. Her basic health history has been unremarkable over the y ears other than 
symptoms related to her multiple sclerosis. She takes no other medications on a regular 
basis. She states that she is intolerant of Synthroid. On examination, she is a healthy 
appearing articulate woman .

	c.  Statement in Support of VA Claim dated 27 August 2015 in which she lists her 
disagreements with the VA regarding her service-connection. 

5.  The Army rates only conditions determined to be physically unfitting at the time of 
discharge, which disqualify the Soldier from further military service. The Army disability 
rating is to compensate the individual for the loss of a military career. The VA does not 
have authority or responsibility for determining physical fitness for military service. The 
VA may compensate the individual for loss of civilian employability.

6.  MEDICAL REVIEW: 

The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this 
case. Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, and/or the Interactive Personnel Electronic Records Management System 
(iPERMS).  The ARBA Medical Advisor made the following findings and 
recommendations:  

    a.  The applicant has applied to the ABCMR requesting, in essence, a referral to the 
Disability Evaluation System for her multiple sclerosis.  She stated:

“At the time of my resignation from the Army Reserves, I received and honorable 
discharge.  I was never instructed concerning the option to pursue a medical 
discharge even though my letter of resignation specifically cited health issue of 
“multiple sclerosis.  I feel that the board should consider my application because 
had it not been for my illness, I would have made a career in the military.”

    b.  The Record of Proceedings outlines the applicant’s military service and the 
circumstances of the case.  Orders published by the 83rd United States Army Reserve 
Command show that at the applicant’s request, she was transferred from the 2361st 
Signal Center Detachment (W8N7AAA) to the United States Army Reserve Control 
Group (REIN) (WONJAA) on 14 May 1998.  A Chronological Statement of Retirement 
Points (DA Form 5016) dated 5 October 2022 shows she was a drilling member of the 
USAR form 1977 thru 1988 and did not drill from March 1988 thru her separation on 20 
July 1991.

    c.  An MRI of the Brain report dated 11 February 1987 shows the applicant had 
findings consistent with a diagnosis of demyelinating disease.

    d.  From a 9 June 1993 neurology encounter:

“{Applicant} is a year-old woman whose husband is who is a physician.  
{Applicant} had the diagnosis of multiple sclerosis made in 1987 after having 3 
separate episodes of optic neuritis in 1979, '85 and '86.  In 1987, she developed 
what she called spasms in her right arm which led to the diagnosis of multiple 
sclerosis after an abnormal MRI scan and abnormal evoked potentials.”

    e.  No additional probative medical documentation was submitted with the application 
and there are no encounters in AHLTA.

    f.  Review of her records in JLV show she had no medical issues listed on her patient 
problem list and no service-connected disabilities.

    g.  There is no evidence the former drilling USAR Soldier’s multiple sclerosis was 
incurred during a call to active duty of more than 30 days or was otherwise due to her 
military service.  Thus, she was not eligible for entrance into the DES.

    h.  It is the opinion of the ARBA medical advisor that a referral of her case to the DES 
is unwarranted.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted. The applicant’s contentions, the military record, and regulatory 
guidance were carefully considered.  Based upon the available documentation and the 
findings and recommendation of the medical advisor, the Board concluded there was 
insufficient evidence of an error or injustice which would warrant a change to the 
applicant’s 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.  Title 10, United States 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.

2.  Title 38, U.S. Code, Sections 1110 and 1131, permit the VA to award compensation 
for disabilities which were incurred in or aggravated by active military service. However, 
an award of a VA rating does not establish an error or injustice on the part of the Army.  
Title 38, CFR, Part IV is the VA’s schedule for rating disabilities. The VA awards 
disability ratings to veterans for service-connected conditions, including those conditions 
detected after discharge. As a result, the VA, operating under different policies, may 
award a disability rating where the Army did not find the member to be unfit to perform 
his duties. Unlike the Army, the VA can evaluate a veteran throughout his or her 
lifetime, adjusting the percentage of disability based upon that agency's examinations 
and findings.

3.  Title 38, U.S. Code 1110 (General - Basic Entitlement) states for disability resulting 
from personal injury suffered or disease contracted in line of duty, or for aggravation of 
a preexisting injury suffered or disease contracted in line of duty, in the active military, 
naval, or air service, during a period of war, the United States will pay to any veteran 
thus disabled and who was discharged or released under conditions other than 
dishonorable from the period of service in which said injury or disease was incurred, or 
preexisting injury or disease was aggravated, compensation as provided in this 
subchapter, but no compensation shall be paid if the disability is a result of the veteran's 
own willful misconduct or abuse of alcohol or drugs.

4.  Title 38 U.S. Code 1131 (Peacetime Disability Compensation - Basic Entitlement) 
states for disability resulting from personal injury suffered or disease contracted in line 
of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of 
duty, in the active military, naval, or air service, during other than a period of war, the 
United States will pay to any veteran thus disabled and who was discharged or released 
under conditions other than dishonorable from the period of service in which said injury 
or disease was incurred, or preexisting injury or disease was aggravated, compensation 
as provided in this subchapter, but no compensation shall be paid if the disability is a 
result of the veteran's own willful misconduct or abuse of alcohol or drugs.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190009453


1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1