RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050007836


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 that the narrative reason and authority in item
11c (Reason and Authority) on his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be changed to reflect an Army
Regulation and Separation Program Number (SPN) code of a drafted person
instead of an enlisted person.

2.  The applicant states that item 11c on his DD Form 214 contains an
incorrect Army Regulation and SPN code.  He states that Army Regulation 635-
200, SPN 375 is specifically for enlisted personnel, but he was drafted.
He states he has been denied Veterans Administration (VA) benefits.

3.  The applicant provides a copy of his DD Form 214; extracts from Army
Regulation 635-200; extracts from Army Regulation 635-40; extracts from
Army Regulation 40-501; and a List of Spin Codes.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 21 August 1968.  The application submitted in this case is
dated 12 May 2005.

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 limitations 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 was inducted into the Army on 24 April 1968.  At the time
of his induction, he was medically evaluated by the local board in South
Norwalk, Connecticut.  His DD Form 47 (Record of Induction) indicates he
had severe congenital varicose veins - duodenal ulcer.  He was given a
physical profile of 1121111 and was found qualified for induction into the
Armed Forces.

4.  The applicant was assigned to Fort Dix, New Jersey 10 June 1968, for
basic combat training.

5.  The applicant's service personnel records contain a Standard Form 513
(Consultation Sheet) which shows he underwent a physical examination for
the purpose of medical board processing.  He was diagnosed as having
recurrent thrombophlebitis of his left leg and it was indicated that the
condition existed prior to his induction in the service.  The Consultation
Sheet indicated the applicant had a history of pain in the left calf since
1960 following an episode of superficial thrombophlebitis.  The
Consultation Sheet also indicated the applicant had three admissions to the
Walson Army Hospital for recurrent superficial thrombophlebitis in the left
posterior calf and he desired separation from the Army because of erroneous
induction.  The examining physician stated the applicant was erroneously
inducted according to Army Regulation 40-501, chapter 2-19(e) 2 and was
unfit for retention according to Army Regulation 40-501, chapter 3-22(h).
The examining physician recommended that the applicant be separated from
the service.

6.  On 6 August 1968, the applicant requested to be discharged from the
Army under the provisions of Army Regulation 635-200, paragraph 5-9(1)(b).
He stated that a medical board at Walson Army Hospital found him to have
recurrent thrombophlebitis of his left leg.  He also stated that this
condition existed before he was inducted into the service and he did not
wish to remain in the service.

7.  On 19 August 1968, the applicant's request for discharge was approved
under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-9
because of not meeting medical fitness standards at time of enlistment or
induction.

8.  The applicant's DD Form 214 shows the reason and authority as Army
Regulation 635-200, SPN 375 (Discharge because of not meeting medical
fitness standards at time of enlistment or induction) in item 11c.

9.  On 21 August 1968, the applicant was honorably discharged from active
duty. He completed 3 months and 28 days of active military service.

10.  Army Regulation 635-200, in effect at the time, set forth the basic
authority for the separation of enlisted personnel.  Paragraph 5-9 of the
regulation provided for personnel who did not meet the medical fitness
standards for enlistment or induction.  An individual was eligible for
discharge if a medical board found the individual had a medical condition
which would have permanently disqualified him for entry in the military
service had it been detected at that time, and did not qualify him from
retention in the military service under the provisions of chapter 3, Army
Regulation 40-501.

11.  Army Regulation 635-5 (Separation Documents), dated 23 January 1967,
Appendix A, stated that when the reason for separation was discharge
because of not meeting medical fitness standards at time of enlistment (or
induction) then SPN 375 would be shown.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation under Army Regulation 635-
200, paragraph 5-9 was accomplished in compliance with applicable
regulations with no indication of procedural errors which would tend to
jeopardize his rights.

2.  The evidence of record shows a medical board diagnosed the applicant as
having recurrent thrombophlebitis and that this condition existed prior to
his induction into the Army.  As a result, the applicant voluntarily
requested to be discharged from Army under the provisions of Army
Regulation 635-200, paragraph 5-9(1)(b).  At the time, both this paragraph
and SPN 375 applied to both enlistees and inductees.

3.  The applicant has failed to show through the evidence submitted or the
evidence of record that the narrative reason and authority issued to him
was in error or unjust.  Therefore, there is no basis for granting his
request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 August 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 August 1971.  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

LS______  RB______  RN______  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.




                                  Linda Simmons_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007836                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0200                                |
|2.                      |100.0500                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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