IN THE CASE OF:	  

		BOARD DATE:	  25 August 2009

		DOCKET NUMBER:  AR20090005546 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the reason and authority for his discharge be corrected to read only "Medical."

2.  The applicant states that he was discharged due to a medical condition that was aggravated by military training.  He passed all of his entrance examinations.  He would like his records to reflect the truth.

3.  The applicant provides selected excerpts from his military records.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. 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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, 




has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that he enlisted in the Regular Army on 16 November 1979 and was honorably discharged on 22 January 1980.  The narrative reason for separation listed on his DD Form 214 (Certificate of Release or Discharge From Active Duty) is "Discharge of personnel who did not meet procurement medical fitness standards."  He had 2 months and 7 days of active service.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record), Item 6, Military Occupational Specialty, is blank.  Item 35, Record of Assignments, shows that the applicant was discharged while he was in basic combat training.

4.  The applicant's records do not contain his discharge packet or his medical records.

5.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) paragraph 5-7, requires the discharge of soldiers who entered on active duty with a medical condition that is disqualifying under the procurement (enlistment) medical fitness standards, but not disqualifying under retention standards.  Since the rigors of initial training must be considered, procurement standards are more stringent than retention standards.  When discharge is directed under this paragraph, the proper narrative reason for separation is "Discharge of personnel who did not meet procurement medical fitness standards."

DISCUSSION AND CONCLUSIONS:

1.  By virtue of the applicant's enlistment, it is accepted that the applicant initially met procurement medical fitness standards.

2.  However, the rigors of basic combat training tends to bring out medical issues which are not apparent when a person is living a dormant lifestyle.  As such, it is not unusual for Soldiers who are initially determined to meet procurement medical fitness standards to later be determined not to meet these standards.  That is why Army Regulation 635-200, paragraph 5-7 was written.

3.  Since the proper entry was made in the narrative reason for separation block on the applicant's DD Form 214, there is no basis for granting the applicant's request.


BOARD VOTE:

________  ________  ________  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 that 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.



ABCMR Record of Proceedings (cont)                                         AR20090005546





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ABCMR Record of Proceedings (cont)                                         AR20090005546



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