IN THE CASE OF:	  

		BOARD DATE:	    15 June 2010

		DOCKET NUMBER:  AR20090021073 


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 correction of his DD Form 214 (Report of Separation from Active Duty) to show his discharge was based on medical conditions.

2.  The applicant states that he is trying to obtain Department of Veterans Affairs (VA) medical benefits.

3.  The applicant provides, in support of his application, copies of his DD Form 214 and a letter from the VA.

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.  On 2 December 1975, the applicant was ordered to active duty for training (ADT).  He completed basic combat training and he was subsequently enrolled in the Power Generator/Equipment Operator/Mechanic Course.  Upon completion of his advanced individual training course, he was awarded military occupational specialty (MOS) 52B.

3.  The applicant's DD Form 214 for the period ending 22 June 1976 indicates that he was released from ADT under the authority of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) with a separation program designator (SPD) code of MCD.  His service was characterized as honorable.  He had completed 6 months and 18 days of creditable active service during this period.

4.  SPD MCD indicated that the applicant was released from ADT under the Reserve enlistment program upon completion of MOS training and 4 months of ADT.

5.  The applicant's service medical records are not available for review.

6.  The applicant provided an unsigned letter from the VA wherein it is inferred that a code [unidentified] on his DD Form 214 means he was separated from the service with a medical discharge.

7.  Army Regulation 15-185 (ABCMR) paragraph 2-9 provides that the Board begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his discharge was based on medical conditions.

2.  There is no available evidence of record showing that the proximate reason for the applicant's relief from ADT was due to medical conditions.

3.  Notwithstanding the VA letter provided by the applicant, there is no entry on his DD Form 214 indicating that his separation was due to medical conditions.

4.  In the absence of evidence to the contrary, it is presumed that the applicant's separation from ADT was in accordance with law and regulations applicable at the time.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

6.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20090021073



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ABCMR Record of Proceedings (cont)                                         AR20090021073



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