RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060004690


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. John M. Moeller               |     |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 the narrative reason for
separation be changed on his discharge document, payment of a savings bond
allotment, and correction of his records to show his place of birth as
"Morenci, Arizona."

2.  The applicant states, in effect, that he was discharged from the
service because he did not meet medical fitness standards at the time of
induction.  He contends that he was in superb physical condition at the
time of entry into the military.

3.  The applicant continues that towards the end of basic training, he was
attacked by his drill instructor and his platoon leader with the "steel
butt of an M14" while on maneuvers.

4.  The applicant further states that he does not seek liability for the
assault, but payment of an allotment he made towards a savings bond while
in the service.  He continues that he was born in "Morenci, Arizona", not
in "Morenci, California" which is currently shown on his separation
document.

5.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) and an undated self-authored
letter in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 23 October 1969, the date of his discharge.  The application
submitted in this case is dated 26 March 2006.

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 requests payment of an allotment he paid for saving
bonds.  This is a finance issue which is not within the purview of the
ABCMR.  Therefore, this matter will not be further discussed in this case.
4.  The applicant's DD Form 47 (Record of Induction) shows he was inducted
into the Army on 27 August 1969.  Item 11 (Place of Birth) of this form
contains the entry "Morenci, California."  The applicant authenticated this
document in his own hand.

5.  Standard Form 600 (Chronological Record of Medical Care) shows the
applicant received medical care on 5 September 1969, 9 September 1969,
15 September 1969, and 18 September 1969 for back pain. This form shows the
applicant was diagnosed with juvenile epiphysitis [Inflammation of an
epiphysis (a part or process of a bone that ossifies separately and later
becomes ankylosed to the main part of the bone)].

6.  Standard Form 600 also contain entries, dated 29 September 1969 and
1 October 1969, which shows the applicant sought medical treatment for back
pain and a pulled muscle.  There are no entries or documentation which
shows the applicant was assaulted and/or was medically treated for injuries
caused by an assault.

7.  Standard Form 513 (Consultation Sheet), dated 2 October 1969, shows the
applicant was referred to an Orthopedic Clinic for the purpose of an
existing prior to service (EPTS) medical board.  The examining medical
officer stated the applicant had episodic back pains for 2 years and the
condition had worsened since entering the military service.

8.  The examining medical officer diagnosed the applicant with juvenile
epiphysitis and recurrent dorsal lumbar back strain.  The examining medical
officer recommended that although the applicant appeared to be well
motivated and could have performed in a limited duty status, he did not
believe the applicant could satisfactorily complete the basic training.
The examining medical officer recommended that the applicant be separated
from the service under the provisions of Army Regulation 635-200 (Personnel
Separations Enlisted Personnel).

9.  The applicant's service records contain a Standard Form 88 (Report of
Medical Examination), dated 3 October 1969.  Item 38 (Spine, Other
Musculoskeletal) is marked as "Abnormal" and contained the following entry:
"Recurrent dorsal lumbar back strain."  This form also shows in item 13
(Place of Birth) the entry "Morenci, Arizona."

10.  DA Form 8-118 (Medical Board Proceedings), date unreadable, shows the
Medical Evaluation Board (MEB) diagnosed the applicant with residuals of
juvenile epiphysitis with dorsal kyphosis [An abnormal front-to-back
curvature of the mid-to-upper spine] and recurrent dorsal lumbar back
strain.  The MEB unanimously recommended that the applicant be separated
from the service under the provisions of Army Regulation 635-200.

11.  On 9 October 1969, the commanding officer approved the MEB's
recommendation.  On 10 October 1969, the applicant concurred with the MEB's
findings and recommendation.

12.  The applicant's DD Form 214 shows he was discharged, on 23 October
1969, under the provisions of Section III of Chapter 5 of Army Regulation
635-200 by reason of not meeting medical fitness standards at the time of
induction, and issued an Honorable Discharge Certificate.  He had served a
total of 1 month and 27 days of net active service.

13.  Army Regulation 635-200, in effect at that time, provides the
authority and general provisions for separation of enlisted personnel upon
expiration of term of service (ETS), separation of enlisted personnel prior
to ETS, provides the procedures for implementation of laws and policies
governing voluntary retirement of enlisted personnel of the Regular Army by
reason of length of service, and the criteria governing the issuance of
honorable, general, and undesirable discharge certificates.

14.  Paragraph 5-9 of Army Regulation 635-200 states that Soldiers who were
not medically qualified under the procurement medical fitness standards
when accepted for induction or initial enlistment will be discharged when a
medical board, regardless of the date completed, establishes that a medical
condition was identified by appropriate military medical authority within 4
months of the Soldier's initial entrance on active duty or active duty for
training under the Reserve Enlistment Program of 1963.

15.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
regulation in effect at the time directs, in pertinent part, that the
purpose of the separation document is to provide the individual with
documentary evidence of their military service.  It is important that
information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the narrative reason be change on his
separation document.

2.  Evidence shows the applicant had a pre-existing medical condition which
was aggravated during basic training.

3.  The MEB recommended the applicant be separated from military service
due to his medical condition.  The applicant concurred with the findings
and recommendation of the MEB.

4.  The applicant’s separation processing was accomplished in accordance
with the applicable regulation in effect at the time, all requirements of
law and regulation were met, and the rights of the applicant were fully
protected throughout the discharge process.

5.  In view of the foregoing, the applicant was properly separated under
the provisions of law and regulation that was in effect at that time.  The
applicant did not submit any evidence that shows the narrative reason for
discharge was incorrect or improper.  Therefore, there is no basis to grant
the applicant's request to change his narrative reason for discharge.

6.  The applicant contends that he was assaulted while in basic training.
There is no evidence and the applicant did not provide evidence which
confirms his contention.  Therefore, there is no basis to correct his
records.

7.  The applicant requests correction of his records to show that his place
of birth is Morenci, Arizona.

8.  A review of the applicant's records show some of the documents indicate
that his place of birth is "Morenci, California" and other records show as
"Morenci, Arizona."   The applicant did not provide any documentation which
would confirm his place of birth.  However, research on the internet reveal
that the city of Morenci is located in Arizona not in California.
Therefore, the applicant is entitled to correction of his records to show
that his place of birth is Morenci, Arizona.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 October 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 22 October 1972.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_JMM____  _PMS__  _KAN____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing that his place
of birth is "Morenci, Arizona."

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the narrative reason of his separation from active duty.




                                     _Kathleen A. Newman___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004690                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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