RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 November 2006
      DOCKET NUMBER:  AR20060005070


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 item 11c (Reason and
Authority), and item 30 (Remarks), of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), show no service codes.  He
also requests minimum or no service codes be displayed.

2.  The applicant states, in effect, that his DD Form 214 should show no
SPN (Separation Program Numbers) of "277" or any other code or references
and that an official copy of his DD Form 214 should be returned to him.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 March 1970, 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's record contains a copy of his entrance examination,
dated 10 May 1969, which was prepared prior to his enlistment.  He was
diagnosed as having Pes Planus and defective vision.  The applicant was
found to be qualified for enlistment.

4.  The applicant's record shows he enlisted in the Regular Army on
2 September 1969, for training in military occupational specialty (MOS)
24Q, Improved Nike-Hercules Fire Control System Maintenance Specialist.  He
was scheduled to attend basic combat training and advanced individual
training at Fort Bliss, Texas.  He was advanced to pay grade E-2, effective
14 November 1969.



5.  In a Standard Form 502 (Clinical Record - Narrative Summary), dated 29
January 1970, the applicant was diagnosed as having a Schizophrenic
reaction, undifferentiated type, acute, moderate, manifested by extreme
regressive episodes and by looseness of associations, flat affect, and an
obsessive concern about motorcycles.

6.  The summary indicates that the applicant had a markedly schizoid life
style prior to entering the military service.  This was evidenced by
impoverished interpersonal relationships and an ability to feel pleasure
when working with mechanical things.  His degree of psychiatric impairment
was determined to be marked, and he was deemed to be medically unfit for
further military service.  His social and industrial incapacity was
definite.  His diagnoses were considered to be not in the line of duty,
EPTS (existed prior to service).  The summary also indicates that the
applicant would be referred to a medical evaluation board (MEB) with the
recommendation that he be separated from military service under the
provisions of Army Regulation 635-40, chapter 9.  His profile was changed
to S-4.

7.  On 20 February 1970, the applicant was given a physical examination for
discharge.  He was diagnosed as having Schizophrenic reaction,
undifferentiated type, and was issued a physical profile of 111114.  His
examination indicated that he was not qualified for induction and at the
time of his entry on active duty he did not meet procurement medical
fitness standards.

8.  On 3 March 1970, an MEB considered the applicant's case.  The MEB
concurred with the diagnoses listed in the narrative summary.  The
applicant was not present during the proceeding and did not present any
views in his own behalf.  The MEB opined that the applicant had the
capacity to understand the nature of, and to cooperate in physical
evaluation board proceeding (PEB).  His medical condition was ruled, not in
line of duty, EPTS, was not incidental to his military service, and not
aggravated by his active duty.  The MEB recommended that the applicant be
medically separated from military service under the provisions of Army
Regulation 635-40, chapter 9, and be given an expeditious discharge.  The
applicant indicated that he did not desire to continue on active duty.  The
findings and recommendations of the board were approved on 3 March 1970.
The applicant concurred with the MEB's findings and recommendations on
4 March 1970.

9.  On 5 March 1970, the applicant requested discharge for physical
disability.  He stated in his application that he had been informed that,
based on the findings and recommendations of a medical board, he was
considered to be unfit for retention in the military service by reason of
physical disability which had been found to have existed prior to his
enlistment and which was neither incident to nor aggravated by military
service.  He also stated, in effect, that he understood that if his request
was approved, that he would be separated by reason of physical disability-
EPTS and would receive a discharge of the type commensurate with the
character of his service.

10.  On 12 March 1970, the separation authority approved the applicant's
request for discharge under the provisions of Army Regulation 635-40,
chapter 9, physical disability-EPTS, with an SPN of "277."

11.  The applicant was honorably discharged on 24 March 1970, under the
provisions of Army Regulation 635-40, chapter 9, physical disability-EPTS,
with severance pay not authorized.  He had a total of 6 months and 23 days
of creditable service during this period of service.

12.  Item 11c (Reason and Authority), of the applicant's DD Form 214, shows
the entry "277", which is his "SPN”, and item 30 shows the entry "Severance
pay not authorized."

13.  Army Regulation 635-40 establishes the Army physical disability
evaluation system and sets forth policies, responsibilities, and procedures
that apply in determining whether a Soldier is unfit because of physical
disability to reasonably perform the duties of his office, grade, rank, or
rating. 

14.  Chapter 9, of that regulation, in effect at that time, pertained to
expeditious discharge for disabilities, EPTS.  It stated, in pertinent
part, that Soldiers who were unfit for retention on active duty by reason
of physical disability which was neither incurred nor aggravated during his
period in which the Soldier was entitled to basic pay would be
expeditiously discharged.  It also indicated that in item 11c (Reason and
Authority), of the Soldier’s DD Form 214, the SPN of "277" (Physical
Disability) would be shown and an entry of "Severance pay not authorized"
would be made in item 30.

15.  Army Regulation 635-5-1 states that separation codes are three-
character alphabetic combinations, which identify reasons for, and types of
separation from active duty.  The primary purpose of a separation code is
to provide statistical accounting of reasons for separation.  They are
intended exclusively for the internal use of DOD and the military services
to assist in the collection and analysis of separation data.  It notes that
"277", in effect at that time, is the appropriate separation program number
code for individuals separated for physical disability with an entry
indicated in item 30, of the DD Form 214, of "Severance pay not
authorized."
16.  Table 1, Enlisted Separation Program Designator Chart, of Army
Regulation 680-3-2, in effect at that time, establishes the proper SPN
codes to assign to Soldiers separating from the Army.  This table confirms
that the SPN of "277" is the appropriate code for individuals discharged
for physical disability-EPTS-established by medical board and individual
made application for discharge by reason of physical disability (not
entitled to received disability severance pay).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was honorably
discharged under the provisions of Army Regulation 635-40, chapters 9, for
physical disability, EPTS, Severance pay not authorized.  His separation
was in compliance with applicable regulations with no procedural errors
which would tend to jeopardize his rights.  He was issued an SPN of "277",
as shown in item 11c, with remarks in item 30 of his DD Form 214 of
"Severance pay not authorized."

2.  The SPN applied to his DD Form 214 is the appropriate code for the
discharge he received; therefore, he is not entitled to removal of his SPN
of "277", which represents the narrative reason for his discharge of
"physical disability-EPTS" with remarks of "Severance pay not authorized"
in item 30.

3.  The applicant has provided no evidence that his SPN "277" and the
accompanying remark, "Severance pay not authorized", was incorrect or
unjust at the time he was discharged.

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

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 March 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 23 March 1973.  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

_JBG___  ___EM___  __SWF _  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.



                                  _____James B. Gunlicks____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005070                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061102                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700324                                |
|DISCHARGE AUTHORITY     |AR 635-40, chp 9                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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