RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 March 2007
DOCKET NUMBER: AR20060011859
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.
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, the reason and authority for his discharge be changed to one for medical conditions.
2. The applicant states he was discharged due to medical conditions.
3. The applicant provides:
a. a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge);
b. a Headquarters (HQ), US Army Training Center, Fort Jackson, SC, letter, dated 5 February 1969;
c. three DA Forms 137 (Installation Clearance Record);
d. a US Army Finance Center, Indianapolis, IN, letter, dated 26 December 1968; and
e. IDVA (Illinois Department of Veterans Affairs) Form, dated 8 August 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 22 November 1968. The application submitted in this case is dated 4 August 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 applicants failure to timely file.
3. The applicant was inducted into the Army of the United States for 2 years on 30 April 1968. On his Standard Form (SF) 89 (Report of Medical History) at the time of induction, he indicated he suffered from ulcers. He was inducted nonetheless.
4. At Fort Jackson, the applicant experienced stomach problems and was diagnosed with peptic ulcer disease. On an unknown date, he underwent a medical board proceeding; however, the result is no longer in the record.
5. On 5 November 1968, the applicant requested release from active duty due to physical reasons which existed prior to his induction. A 6 November 1968 a physical examination confirmed peptic ulcer disease and recommended the applicant's release from military control by virtue of a voided induction in accordance with Army Regulation (AR) 40-501, Section II, paragraph 2-3r(1).
6. The applicant's request was approved and, on 22 November 1968, he was released from military control under the provisions of AR 635-200, chapter 5, section III, by reason of "voidance of induction."
7. AR 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, and appointment, including officer procurement programs, as well as medical fitness standards for retention and separation, including retirement.
8. AR 635-200 (Enlisted Separations) provides the authority for separation of enlisted personnel upon expiration of term of service (ETS). Paragraph 5-9 states personnel who did not meet procurement medical fitness standards and who were not medically qualified under procurement medical fitness standards when accepted for induction or initial enlistment will be discharged when a medical board so determines.
DISCUSSION AND CONCLUSIONS:
1. The applicant suffered from peptic ulcer disease prior to his induction into the Army of the United States. After his induction, his condition caused him problems during basic training. He requested discharge and a medical board was conducted. The board found the applicant to have peptic ulcer disease and recommended he be separated on a voided induction.
2. On 22 November 1968, the applicant was discharged under the provisions of AR 635-200, chapter 5, by reason of "voidance of induction."
3. The applicants discharge proceedings were conducted in accordance with law and regulations applicable at the time. The reason and authority for the discharge are appropriate to the circumstances and in accordance with regulations, then in effect.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily 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 22 November 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
21 November 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
__jea___ __swf___ __rsv___ 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 E. Anderholm
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060011859
SUFFIX
RECON
DATE BOARDED
20070306
TYPE OF DISCHARGE
(HD)
DATE OF DISCHARGE
19681122
DISCHARGE AUTHORITY
AR 635-200 C5
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
110.0000
2.
3.
4.
5.
6.
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