RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 January 2008
DOCKET NUMBER: AR20070011402
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.
Ms. Catherine C. Mitrano
Director
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Mr. Jerome L. Pionk
Member
Mr. Donald W. Steenfott
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 his discharge be changed.
2. The applicant states that he passed his entrance physical examination.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 31 August 1972.
3. The applicants service medical records and his medical board proceedings are not available.
4. On 29 September 1972, the applicant signed a DA Form 2496 (Disposition Form) requesting discharge under the provisions of Army Regulation 635-200, paragraph 5-9 for physical reasons which existed prior to his enlistment. He indicated that he had a bad right leg; i.e., chondromalacia (the softening and degeneration of the cartilage underneath the kneecap) which was known to him for about 3 months prior to his enlistment.
5. On 10 October 1972, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 5, section III, because of not meeting medical fitness standards at the time of enlistment. He had completed 1 month and 10 days of creditable active service.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-9 at the time set the policy and prescribed
procedures for discharging members who were not medically qualified under procurement medical fitness standards when accepted for induction or initial enlistment. Such personnel would be discharged when a medical board, regardless of the date completed, established that a medical condition was identified by appropriate military medical authority within 4 months of the members initial entrance on active duty which (1) would have permanently disqualified him for entry into the military service had it been detected at that time; and (2) did not disqualify him for retention in the military service under the provisions of chapter 3, Army Regulation 40-501. As an exception, an individual who elected to complete the period of service for which inducted or enlisted would not be discharged under this paragraph. Such member would be required to sign a statement electing to complete his period of service, notwithstanding his eligibility for discharge under this paragraph.
7. Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. In pertinent part, it states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service. Examples are manifestation of lesions or symptoms of chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) will be accepted as proof that the disease existed prior to entrance into active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Regular Army on 31 August 1972. His service medical records and medical board proceedings are not available; however, on 29 September 1972 he requested discharge for physical reasons which existed prior to his enlistment. He indicated that he had a bad right leg, chondromalacia (the softening and degeneration of the cartilage underneath the kneecap) which was known to him for about 3 months prior to his enlistment.
2. The available evidence of record shows that the applicant was properly discharged because of not meeting medical fitness standards at the time of his enlistment.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___wdp__ __jlp___ __dws___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__William D. Powers___
CHAIRPERSON
INDEX
CASE ID
AR20070011402
SUFFIX
RECON
DATE BOARDED
20080110
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
110.02
2.
3.
4.
5.
6.
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