PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 July 2002
         DOCKET NUMBER: AR2002072964


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Ms. Karen A. Heinz		Member
Mr. Thomas Lanyi		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that his record be corrected to show his correct date of birth; that he completed basic training and advanced individual training (AIT); that fraudulent changes made to health and dental records be corrected; that the trainee status indicated on his medical board report be corrected; and that the reason for his consultation be added to his consultation sheet.

3. The applicant states, in effect, that it is truly an injustice that someone was ordered to fraudulently change and remove his military records from basic training at Fort Dix, New Jersey, and from his AIT site at Aberdeen Proving Ground (APG), Maryland. He claims this was done in order to make it appear that he was assigned to Fort Sill, Oklahoma, and received an early discharge because he was not able to finish basic training. He also claims that as a result of these fraudulent actions, erroneous information that he was a trainee was given to the medical board. He contends that this was done in order to have his medical condition coded as existed prior to service (EPTS). He further indicates that this was done intentionally in order to prevent him from filing a claim with the Department of Veterans Affairs (DVA). In support of his application, he provides several extracts of his medical and dental records; other military records and documents pertaining to assignment and classification; a diploma from APG; a copy of his birth certificate; a medical consultation sheet; and a document that explains why his birth date was changed to 1959.

4. The applicant’s military records show that on 2 February 1978, he enlisted in the Regular Army for 3 years. The Enlistment or Reenlistment Agreement-Armed Forces of the United States (DD Form 4) confirms in Item 7 (Date of Birth) that the applicant’s date of birth is 2 January 1949. This date of birth is further confirmed in an Application for Enlistment-Armed Forces of the United States (DD Form 1966/1) that was prepared during his enlistment processing.

5. The applicant’ Personnel Qualification Record (DA Form 2-1) was prepared on 19 June 1978, and was last reviewed by the applicant on 17 September 1979. Item 17 (Civilian Education and Military Schools) confirms that the applicant completed the Chemical Operations Specialist Course at the United States Army Ordnance and Chemical Center and School (USAOCCS), APG, Maryland. Item 35 (Current and Previous Assignments) confirms that he attended basic training at Fort Dix, New Jersey and AIT at APG, Maryland.

6. The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of Orders Number 105-18, dated 2 June 1978, issued at APG, Maryland. These orders awarded the applicant military occupational specialty (MOS) 54E (Chemical Operations Specialist), effective 9 June 1978. In addition, they directed his reassignment to Fort Sill, Oklahoma.

7. On 18 June 1978, the applicant arrived at Fort Sill, Oklahoma, and he was further assigned to Headquarters and Headquarters Battery (HHB), 1^st Battalion,
17^th Field Artillery Regiment, to perform duties in MOS 54E.

8. On 5 September 1979, the applicant submitted a request for discharge for physical disability. In this request, he acknowledged that he had been informed that based on the findings of a Medical Evaluation Board (MEB), he was considered not qualified from retention in the military service by reason of physical disability. Further, that the MEB had determined that the condition existed prior to his enlistment and was not aggravated by his military service. He also indicated that had been fully informed that he was entitled to the same consideration and processing as any other member of the Army who is separated for physical disability, which included consideration of his case by the adjudicative system established by the Secretary of the Army for processing disability separations. However, he elected not to exercise this right. Finally, he confirmed that he understood that his entitlement to benefits administered by the Department of Veterans Affairs (DVA) would be determined by that agency.

9. Medical Board Proceedings (DA Form 3947), dated 10 September 1979, confirm that the MEB at Reynolds Army Hospital, Fort Sill, Oklahoma, found the applicant unfit for duty based on two medical conditions that existed prior to his entering service (EPTS) and that were not aggravated by service. These conditions were identified as asthma and a seizure disorder. Item 14 (Military Occupational Specialties) of this form contained the incorrect entry “Trainee” and the MOS code “09B00”, which indicated that the applicant was trainee at that time. The MEB finally recommended that he be separated under the provisions of chapter 5, Army Regulation 635-40. On 17 September 1979, the applicant signed the DA Form 3947 and indicated that he was informed of the approved findings and recommendations of the MEB, and that he elected not to appeal the decision or submit a rebuttal statement in his own behalf.

10. On 21 September 1979, the separation authority approved the applicant’s request for separation and directed that he be discharged under the provisions of chapter 5, Army Regulation 635-40. On 26 September 1979, he was honorably discharged after completing a total of 1 year, 7 months, and 25 days of active military service.

11. The DD Form 214 issued to and authenticated by the applicant on the date of his separation from active duty confirms that he held the rank and pay grade of specialist four/E-4, and was trained and served in MOS 54E (Chemical Specialist). Item 4 (Date of Birth) indicates that the applicant was born in 1959, which is an incorrect year of birth that does not match the 1949 year of birth contained in his enlistment documents and other documents prepared during his military service.
12. Item 9c of the applicant’s DD Form 214 confirms that the authority for his discharge was chapter 5, Army Regulation 635-40, and the Separation Program Designator (SPD) code KFN was used to identify reason for separation.

13. In support of his application, the applicant provides a copy of his birth certificate from the Commonwealth of Pennsylvania-Department of Health and Vital Statistics, which confirms his year of birth was 1949.

14. Army Regulation 635-40 provides guidance and policies for physical evaluation for retention, retirement and separation. Chapter 5, in effect at the time, provided for the separation of personnel due to a physical disability condition that existed prior to enlistment, and was not aggravated by the period of service, as determined by a medical board.

15. Army Regulation 635-5-1 (SPD Codes), in effect at the time, provided the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of KFN was the appropriate code to use for members separating under the provisions of chapter 5, Army Regulation 635-40, by reason of a physical disability that existed prior to entry on active duty, as determined by a medical board.

CONCLUSIONS:

1. The Board notes the applicant’s contention that the year of his birth contained in his separation document of 26 September 1979 is incorrect, and it finds this claim has merit. The evidence of record confirms that the year of the applicant’s birth is 1949. This is verified in his enlistment contract and various other documents created throughout his military service. It is also corroborated by the birth certificate copy provided by the applicant. Therefore, the Board concludes it would be appropriate to correct Item 4 (Date of Birth) of the applicant’s
26 September 1979 DD Form 214 to show his year of birth as 1949.

2. Although the DA Form 3947 incorrectly indicated that the applicant was a trainee in Item 14, the Board does not find this administrative error had any adverse impact on the applicant’s medical processing. Further, the applicant’s DA Form 2-1 clearly documents his completion of basic training and AIT. It also verifies that he successfully completed chemical operations specialist course at the USAOCCS, APG, Maryland, in 1978, and as a result was awarded MOS 54E.

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3. The evidence confirms that the applicant was evaluated by a MEB and found unfit for duty based on a medical condition that existed prior to his entry into service, that had not been aggravated by his service. The MEB recommended that he be separated under the provisions of chapter 5, Army Regulation
635-200. In effect, the applicant concurred with this recommendation by deciding not to appeal or rebut the MEB decision, and voluntarily requested discharge under these provisions. The Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4. The Board carefully reviewed the applicant’s contention in regard to fraudulent changes being made to his medical and dental records. However, beyond the issue identified in paragraph 2 above, it was unable to determine what changes the applicant is addressing or what injustice resulted. Therefore, the Board concludes that the applicant has failed to provide evidence of any error or injustice related to this issue that requires corrective action by this Board.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by amending the entry in Item 4 (Date of Birth) of the 26 September 1979 DD Form 214 of the individual concerned to show his year of birth as 1949, vice 1959, as is currently listed; and by providing him a corrected separation document that reflects this change.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__AAO__ __KAH___ ___TL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___Arthur A. Omartian _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072964
SUFFIX
RECON
DATE BOARDED	2002/07/30
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1979/09/26
DISCHARGE AUTHORITY	AR 635-40 C5
DISCHARGE REASON	Physical Disability, EPTS
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 1021	100.0000
2.
3.
4.
5.
6.