RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          5 October 2004
      DOCKET NUMBER:  AR2004101468


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry C. Bergquist            |     |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 narrative reason for
separation be changed to show he was separated for physical disability
versus for physical disability that existed prior to service (EPTS).

2.  The applicant states, in effect, he completed basic training and
advanced individual training and served as an infantryman for 17 months.
He was not disabled prior to enlisting in the military.  He disputed this
contention in 1972.  He believes his narrative reason for separation
negatively impacts his disability claim for service-connection with the
Veterans Administration (VA).

3.  In a letter written to the Army Board for Correction of Military
Records (ABCMR), the applicant states, in effect, that he was not required
to serve in the military, as he was a sole-surviving son.  His father died
as a result of a service-connected injury from World War II.  However, the
applicant voluntarily joined the military during a very unpopular war in
Vietnam.  Prior to joining the military, he played football in school and
he was a very healthy and athletic person.

4.  The applicant states he would not have been able to excel and graduate
from the infantryman's course with "chronic lower back pain, spondylolysis
L-5, spina bifida occulta S1, a torn lateral collateral ligament, and
internal derangement of his knee," if it existed prior to enlistment.

5.  The applicant also states that his outpatient medical records are
missing, but that they would show he crushed his back and injured his right
knee when he jumped into a foxhole with a full backpack.  He kept re-
injuring his knee and going to sick call.  Finally, an Orthopedic Board saw
him, but his medical records were missing and he was left without proof of
medical history.  Since being separated, he has been homeless.  He suffers
with depression, posttraumatic stress disorder (PTSD) and anxiety.  He was
also in prison for 22 years.

6.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 March 1972.  The application submitted in this case is dated
5 December 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 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.  On 18 November 1970, the applicant enlisted in the Regular Army for 2
years and training in MOS 11B.  On 25 November 1970, the applicant signed
an Oath of Extension of Enlistment for a period of 12 months to meet the
service remaining requirement for Special Forces training.

4.  On 25 August 1971, at age 19, the applicant requested cancellation of
his extension executed on 25 November 1970.  He stated the basis for his
request was he was not eligible for Special Forces duty because of the
minimum age restriction (20 years).  On 28 October 1971, his extension was
cancelled and his expiration of term of service (ETS) date was re-
established as 17 November 1972.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that
he was assigned to Germany from 12 June 1971 to 3 December 1971 when he
returned to the United States.  On 6 December 1971, he was assigned to the
Medical Holding Company, Valley Forge General Hospital, Phoenixville,
Pennsylvania in a patient status.

6.  The applicant's record does not contain any medical documents.  Neither
does it contain all of the facts and circumstances surrounding the
discharge process.  However, on 31 March 1972, the applicant's unit
commander recommended approval of the applicant's application for
expeditious discharge.

7.  The applicant's record also contains a properly constituted DD Form 214
that was prepared at the time of separation and authenticated by the
applicant.  The applicant's DD Form 214 shows that, on 31 March 1972, while
assigned to Valley Forge General Hospital, he was discharged under the
provisions of chapter 9, Army Regulation 635-40, due to a physical
disability, EPTS.  He had completed 1 year, 1 month and 14 days of active
military service.  There is no evidence in the record to explain the nature
of the applicant's EPTS physical disability.





8.  Dr John Shutack, Neurosurgeon, Medical College of Virgina at
http://www.spineuniverse.com reveals that "Spondylolysis is the most
commonly X-ray identified cause of low back pain in adolescent athletes.
Spondylolysis is a stress fracture in one of the bones (vertebrae) that
make up the spinal column.  It usually affects the fifth lumbar vertebra in
the lower back, and much less commonly, the fourth lumbar vertebra. If the
stress fracture weakens the bone so much that it is unable to maintain its
proper position, the vertebra can start to shift out of place. This
condition is called spondylolisthesis.  If too much slippage occurs, the
bones may begin to press on nerves and surgery may be necessary to correct
the condition."

9.  "Spina bifida is defined as any abnormal development of the bones of
the spine that display a typical pattern, with or without the involvement
of the brain, nerves or covering of the nerves.  Spina bifida is the most
common congenital spine abnormality.  The term spina bifida covers a range
of malformations that always include deformities of certain parts of the
vertebrae, the spinous process and vertebral arch.  Some have described
this process as a failure of these bones to fuse during early fetal
development.  Spina bifida is broken down into two categories: spina bifida
occulta and open spina bifida. These subtypes are distinguished by the
absence or presence of nerves, fluid that surrounds the nerves, and the
meninges that are included within the deformity."

10.  Army Regulation 635-40, then in effect, set forth the basic authority
for the separation of enlisted personnel for non-service aggravated
conditions that existed prior to service.  Chapter 9 provided for the
separation of enlisted personnel who did not meet procurement medical
fitness standards.

DISCUSSION AND CONCLUSIONS:

1.  Even though the discharge proceedings are not available, the Board
presumes regularity in the discharge process.

2.  No medical documents are available.  However, limited evidence in the
available record indicates the applicant had an EPTS physical condition
that rendered him unfit for service and justified physical disability
processing.

3.  The facts contained in the record support that the narrative reason for
separation was then, and still is, appropriate.  The applicant has provided
no evidence to the contrary.

4.  There is no evidence that the applicant was suffering from anxiety,
depression or PTSD at the time of separation.  He has provided no evidence
that indicates such.
5.  Eligibility for veteran's benefits (to include VA medical benefits)
does not fall within the purview of this Board.  Furthermore, the Board
does not grant relief solely for the purpose of gaining VA benefits.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 March 1975.  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

__kan___  __jtm___  __lcb___  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.


                                  Kathleen A. Newman
            ______________________
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004101468                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041005                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19720331                                |
|DISCHARGE AUTHORITY     |AR635-40                                |
|DISCHARGE REASON        |A51.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.5000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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