RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060006791


      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. William F. Crain              |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be changed to show
that he was separated by reason of physical disability.

2.  The applicant states, in effect, that at the time of receipt of his
honorable discharge it should have been separation by reason of physical
disability, which was also an honorable discharge.

3.  The applicant provides a copy of his DD Form 214 and a copy of his
Standard Form 88 (Report of Medical Examination), in support of his
request.

4.  The applicant indicated on his application to the Board that he
enlisted the aid of counsel; however, counsel had remained silent and
allowed the applicant to present his case in his own stead.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1968, the date of his release from active duty.
The application submitted in this case is dated 24 August 2005 but was
received for processing on 15 May 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 shows he was inducted into the Army of the
United States on 5 June 1968.  He was assigned to the 5th Battalion, 1st
Brigade, to attend basic combat training and advanced individual training
at Fort Benning, Georgia.




4.  The applicant underwent a separation medical examination on 16 July
1968, at Martin Army Hospital, Fort Benning, Georgia, in conjunction with a
hardship discharge.  He was found qualified for separation with an 111111
physical profile. His examination indicated that he had a small scar on his
right forehead.

5.  His medical records are unavailable for review, and the applicant
provided none to support his contention that he should have been separated
for reasons of physical disability.

6.  All the documents containing the facts and circumstances surrounding
the applicant's release from active duty are not present in the available
records.  However, the applicant submitted a copy of his DD Form 214 which
shows that on 31 July 1968, he was honorably released from active duty
under the provisions of Army Regulation 635-200, chapter 6, Section II,
paragraph 6-5, for dependency.  He had completed 1 month and 26 days of
creditable service.  The terminal date for the applicant's Reserve
obligation was established as 4 June 1974.

7.  The applicant's request to the Board was submitted through the office
of his MOC (Member of Congress).  The MOC has remained neutral; however, he
asked that he be advised of the final outcome.

8.  Army Regulation 635-200, in effect at that time, sets forth the basic
authority for the separation of enlisted personnel.  Chapter 6, of that
regulation provides, in pertinent part, the criteria, procedures, and
authority for the separation of personnel from active military service by
reason of dependency or hardship.

9.  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.  It provides for medical evaluation boards, which are convened to
document a Soldier's medical status and duty limitations insofar as duty is
affected by the Soldier's status.  A decision is made as to the Soldier's
medical qualifications for retention based on the criteria in AR 40-501,
chapter 3.  If the medical evaluation board determines the Soldier does not
meet retention standards, the board will recommend referral of the Soldier
to a physical evaluation board.

10.  Physical evaluation boards are established to evaluate all cases of
physical disability equitability for the Soldier and the Army.  It is a
fact finding board to investigate the nature, cause, degree of severity,
and probable permanency of the disability of Soldiers who are referred to
the board; to evaluate the physical condition of the Soldier against the
physical requirements of the Soldier's particular office, grade, rank or
rating; to provide a full and fair hearing for the Soldier; and to make
findings and recommendation to establish eligibility of a
Soldier to be separated or retired because of physical disability.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, the Board presumes
Government regularity and believes that the applicant's administrative
separation was accomplished in compliance with applicable regulations, with
no procedural errors, which would tend to jeopardize his rights.

2.  The applicant's record is void of facts and circumstances concerning
the events that led to his release from the Army prior to the expiration of
his term of service.

3.  The applicant's medical records are unavailable for review; however,
his separation medical examination shows that he was found qualified for
separation with an 111111 physical profile.  His DD Form 214 indicates that
he was released from active duty under the provisions of Army Regulation
635-200, chapter 6, Section II, for dependency.

4.  The applicant contends that at the time of receipt of his separation it
should have been by reason of physical disability, which was also an
honorable separation.

5.  There is no evidence to show that he was recommended for appearance
before a Medical Evaluation Board (MEB) or any form of physical disability
processing prior to his discharge.  There also is no evidence in the
available records, and the applicant has provided none, to show that he was
unfit for military duty.  On his release from active duty, the applicant
was transferred to the Reserve to complete his military obligation.

6.  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.




7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 July 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

__AM___  __DLL___  ___WFC_  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.




                                  ____William F. Crain_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006791                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680731                                |
|DISCHARGE AUTHORITY     |AR  635-200, chap 6                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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