RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            5 August 2004
      DOCKET NUMBER:   AR2004100825


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Linda M. Barker               |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected to
show that the medical condition which resulted in his separation was not
EPTS (existed prior to service).

2.  The applicant states that his records incorrectly indicate that he wore
[leg] braces until the age of 12.  He wore braces only until the age of 4.
From age       4 until age 17 he played sports.  He entered the service
without problems.  He was found fit for duty on his entrance physical
examination.

3.  The applicant provides no supporting evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 26 July 1968.  The application submitted in this case is dated
5 November 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.  The applicant's service medical records, except for the medical board
proceedings, are not available.

4.  The applicant enlisted in the Regular Army at the age of 17 on 28
February 1968.  He completed basic combat training and advanced individual
training and was awarded military occupational specialty 91A (Medical
Corpsman).

5.  The Medical Evaluation Board (MEB) Narrative Summary dated 12 July 1968
indicated the applicant had a lifelong history of difficulty with his right
foot due to clubfoot residuals.  From age 2 to 12 he wore corrective shoes
and braces.  He completed basic training through profile restrictions but
was unable to run or march.  He had progressive increase in ankle pain
related to the abnormal anatomy of the talus which prevented dorsiflexion
of his right foot.

6.  On 12 July 1968, the MEB found the applicant to be medically fit (not
unfit) for retention and determined his medical condition to be a club
right foot manifested by an inability to dorsiflex his foot beyond the
neutral position.  The MEB recommended he be presented to a Physical
Evaluation Board (PEB).  On        18 July 1968, the applicant agreed with
the MEB's findings and recommendation and indicated he did not desire to
remain on active duty.

7.  On 22 July 1968, an informal PEB found the applicant unfit for military
service due to an EPTS condition and recommended his separation without
entitlement to disability benefits.

8.  On 22 July 1968, the applicant requested discharge for physical
disability after having been informed that, based upon the findings and
recommendations of a medical board, he was considered to be unfit for
retention by reason of a physical disability which had been found to have
existed prior to his enlistment and which was neither incident to nor
aggravated by his military service.  He elected not to exercise his right
to have a full and fair hearing of his case by the disability separation
adjudicative system.  He acknowledged that he understood that if his
application were approved he would be separated by reason of physical
disability EPTS.

9.  On 26 July 1968, the applicant was honorably discharged for physical
disability without severance pay after completing 4 months and 29 days of
active military service.

10.  Army Regulation 635-40 governs the evaluation for physical fitness of
soldiers who may be unfit to perform their military duties because of
physical disability.  In pertinent part, it states that according to
accepted medical principles, certain abnormalities and residual conditions
exist that, when discovered, lead to the conclusion that they must have
existed or have started before the individual entered the military service.
 Examples are congenital malformations and hereditary conditions or similar
conditions in which medical authorities are in such consistent and
universal agreement as to their cause and time of origin that no additional
confirmation is needed to support the conclusion that they existed prior to
military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he wore leg braces not from age 4 to
age         12 but only until age 4 is noted but does not change the fact
his clubfoot was an EPTS condition.  His contention that he participated in
sports prior to his enlistment is also noted.  However, the MEB Narrative
Summary indicated he was able to complete basic training only through
profile restrictions and that he was unable to run or march.  It is likely
the problem which led to his separation was the result of wearing combat
boots which resolved itself once he no longer had to wear combat boots.
There is no evidence his condition was permanently aggravated by his
military service.

2.  The applicant’s separation was accomplished in compliance with
applicable regulations with no indication of procedural errors which would
tend to jeopardize his rights.  The evidence of record shows that he was
considered to be unfit for retention by reason of a physical disability
which was found to have existed prior to his enlistment and which was
neither incident to nor aggravated by his military service.  He
acknowledged he understood that if his application for separation were
approved he would be separated by reason of physical disability EPTS.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 July 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         25 July 1971.  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 RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wtm___  __rtd___  __lmb___  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.




            __Walter T. Morrison_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100825                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040805                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |108.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |