RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         30 NOVEMBER 2004
      DOCKET NUMBER:  AR2004104328


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Shirley Powell                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his July 1977 discharge from
the Army National Guard be corrected to show that he was discharged by
reason of medical disability rather than for not qualifying for retention
because of medical disqualification.

2.  The applicant states, in effect, that he re-injured his wrist while
undergoing basic training at Fort Polk, Louisiana in 1975 while attempting
to do an inverted crawl.  He states that he was sent to the clinic and they
thought he had broken his wrist but he related that it was only sprained
and that he broke it 2 years before.

3.  He states that he was told he would have to quit or change his military
specialty.  He states that he requested “unit clerk school,” but was told
that school had already started.  He states that he explained that he
already had 2 years of typing in high school and so was sent to Fort Ord,
California for the rest of his training.

4.  He notes that his separation document only shows his primary specialty
of 11B10 Infantry and that he passed the Basic Army Administrative Course.
However, he notes it does not show that he earned his “Basic Combat
Training and the Markman [sic] Badge using the M16 Rifle at Fort Polk.”

5.  The applicant states that when he recently attempted to use his
Department of Veterans Affairs home loan he was told that he was not
eligible because he had not completed 6 years of military service and as
such would have to have a discharge reflecting that he was discharged for
medical reasons to qualify for an exception to the 6 year rule.

6.  The applicant provides extracts from his service medical records, a
copy of his entrance physical examination, a copy of his 1975 Department of
Defense Form 214 (Report of Separation from Active Duty), a copy of his
1977 National Guard Bureau Form 22 (Report of Separation and Record of
Service), and a copy of his June 1977 request that he be honorably
discharged for medical disqualification.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 July 1977.  The application submitted in this case is
dated
24 September 2003.
2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  There were no records available to the Board beyond those provided by
the applicant.  However, there was sufficient information contained in
those documents for the Board to evaluate the applicant’s case.

4.  The applicant enlisted in the California Army National Guard on 11
April 1975.  A 2 March 1975 enlistment physical examination noted that the
applicant had broken his left arm 2 years ago but claimed that it was fully
recovered.  He was found medically qualified for enlistment.

5.  He entered active duty for training on 5 September 1975.  On 6 November
1975 he was seen by medical personnel with a complaint of pain in his left
forearm during physical training.  The treatment document noted that he was
experiencing pain on and off for approximately 2 months and that it hurt
while doing the inverted crawl or pushups.  That same document indicated
that he was in his first week of advanced individual training.  He was
issued a physical profile. Although the complete profile is not readable it
does note that the applicant’s profile precluded pushups.

6.  On 19 December 1975 the applicant was released from active duty and
returned to his Army National Guard unit.  His separation document notes
completion of the Basic Army Administration Course and qualification as a
marksman with the rifle.

7.  In July 1976 the applicant was seen again by medical personnel with a
complaint of stiffness in his fingers and left wrist.  The treatment
document indicated that the applicant had a history of a fracture in 1972
and reported straining it 6 months ago.

8.  In August 1976 he was seen at the orthopedic clinic at Letterman Army
Medical Center.  The treatment document noted the 1972 fracture and
persistent deformity and weakness in the left hand and wrist.  It noted
that the applicant reported “gradual onset of pain and swelling during BCT
[basic combat training] in 1975.”  He reported difficulty lifting and
carrying weapons and had difficulty, with pain and weakness, during recent
drill periods.  The condition was recorded as existing prior to his entry
(EPTS) on active duty.

9.  On 29 June 1977 a request was submitted by the applicant’s unit
commander requesting that he be honorably discharged based on medical
disqualification. He was honorably discharged on 1 July 2001.  His National
Guard Bureau separation document indicates that he held a primary specialty
of 11B10 (Infantry) and a secondary specialty of 71B20 (Clerk Typist) and
that he was qualified as a marksman with the M16 rifle.

10.  Army Regulation 635-40 states, in effect, that Reserve Component
soldiers will be separated from the Reserves when they no longer meet
medical retention standards.  Such separation will be without benefits if
the unfitting condition was not incurred or aggravated as the proximate
result of performing annual training, active duty special work, active duty
for training, or inactive duty training.

11.  Army Regulation 635-40 states that soldiers who are unfit by reason of
a physical disability neither incurred nor aggravated during his period of
service will be separated for physical disability without entitlement to
benefits.

12.  Army Regulation 635-40 also notes that when an EPTS condition becomes
symptomatic under the stress of active duty the condition may be unfitting
but is has not been aggravated by active duty unless it has been
permanently worsened over and above natural progression.

13.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution of separation documents.  In pertinent part it
states that formal in service training courses successfully completed
during the period of service covered by title, length in weeks, and month
and year completed will be reflected on separation documents.  This
information is to assist the soldier after separation in job placement and
counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  Although documents available to the Board do not specify what medical
condition rendered the applicant disqualified for further service, the
evidence, which is available, suggests that it was likely related to
problems stemming from the 1972 fracture of his left wrist.  However, there
is no evidence, and the



applicant has not provided any, which confirms that he was erroneously
discharged based on a medical disqualification which existed prior to his
entry on active duty.

2.  The Board notes that the key factor in determining if a condition is
aggravated by one’s military service is not if the condition resurfaces
while in the military but if it is permanently aggravated by the
individual’s military service.  The Board notes, that the applicant
confirmed that he was treated for a fractured wrist prior to entering
military service and even though he believed the condition was completely
healed at the time of his entry, the pain did not return until several
weeks into the applicant’s active duty for training period and occurred
only when the applicant attempted duties associated with his military
service.  In order for the condition to be considered service aggravated it
would have had to be permanently worsened.  The applicant has not shown
that to be a fact.  While his painful wrist symptoms may have returned
while undergoing training, the applicant has not shown that his condition
continued to reoccur after he ceased his military service.  Hence there is
no permanent service aggravation.

3.  In the absence of more compelling evidence that his left wrist pain was
permanent aggravated by his military service there is no basis to change
the reason for his separation.

4.  Although the applicant may have successfully completed basic combat
training, such training would not have been recorded on his separation
documents.

5.  The applicant’s active duty and National Guard separation documents
both reflect qualification as a marksman with the rifle.

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

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 July 1977; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 June 1980.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JNS__  ___PM__  ___SP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ______John N. Slone______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104328                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041130                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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