RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 March 2008
	DOCKET NUMBER:  AR20070015648 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. William D. Powers

Member

Mr. Jerome L. Pionk

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 correction of his military records to show that he was injured in basic training and the type of discharge as "medical" instead of "relief from active duty training." 

2.  The applicant states, in effect, that he was injured during basic training and that his records do not show this injury.  

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Report of Separation from Active Duty), dated 3 September 1976.

b.  DA Form 2-1 (Enlisted Qualification Record).

	c.  Standard Form 88 (Report of Medical History), dated 13 May 1976. 

	d.  Form 4 (Enlistment Contract-Armed Forces of the United States), dated 1 June 1976.  

	e.  Department of Military and Veterans Affairs, Office of the Adjutant General, Raleigh, North Carolina, Orders 6-20, dated 15 July 1976.

f.  Miscellaneous Clinical Records, Patient Admission Information, Medication Treatment Record, and Consult Sheets, dated August 1976.  

g.  DA Form 2496 (Disposition Form), dated 27 August 1976.

h.  DA Form 3947 [Medical Board Proceedings (MEB)], dated 31 August 1976.

i.  Department of Military and Veterans Affairs, Office of the Adjutant General, Raleigh, North Carolina, Orders 49-30, dated 15 September 1976.

	j.  National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the National Guard), dated 16 September 1976.

k.  Self-authored statement, dated 12 December 2005.

l.  Department of Veterans Affairs Form , Statement in Support of a Claim, dated 22 March 2006.
m.  Character reference/statement of support, dated 1 June 2006.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the North Carolina Army National Guard (NCARNG) for a period of 6 years on 1 June 1976.  

3.  On 15 July 1976, Department of Military and Veterans Affairs, Office of the Adjutant General, Raleigh, North Carolina, published Orders 6-20, ordering the applicant to active duty for training (ADT) to complete basic combat training at Fort Jackson, South Carolina, on 12 August 1976 and advanced individual training at Fort Lee, Virginia, on 8 October 1976.

4.  The applicant’s records show that he reported to Fort Jackson, South Carolina, on 12 August 1976.  His records further show that shortly after arrival, the applicant experienced headaches. 

5.  On 19 August 1976, a Department of Neurology doctor remarked that the applicant "feels pain on top of his head.  Tired of failures.  Because he has not been able to achieve anything because of headaches."  He was subsequently admitted to Moncrief Army Hospital, Fort Jackson, South Carolina, and was diagnosed with psychogenic headaches and maladjustment reaction to adult life. The military medical doctor recommended release from active duty in accordance with paragraph 5-9 of Army Regulation 635-200 (Personnel Separations).  

6.  On 27 August 1976, by disposition form, the applicant requested release from active duty for physical reasons which existed prior to his enlistment in the NCARNG.   He remarked that he had a loss of consciousness which was known to him and was explained to him that it existed prior to his enlistment.  The applicant further elected not to seek counsel and stated that he was not subjected to coercion with respect to his discharge and that he was advised of the implications that were attached to his discharge.  

7.  On 31 August 1976 an MEB convened at Fort Jackson, South Carolina, and found the applicant medically fit and suffered from headaches and maladjustment to adult life.  The MEB further found that both medical conditions were existed prior to entry on active duty and were not aggravated by active duty.  The MEB  recommended the applicant be "released from active duty for a condition existing prior to military service, in accordance with paragraph 5-9 of Army Regulation 635-200."  The approval authority approved the findings on the same day.  

8.  On 31 August 1976, the applicant was informed of the approved findings and recommendations of the board and agreed with the board’s action.  He authenticated the DA Form 3947 by placing his signature in Item 36 (Signature).  Accordingly, he was honorably discharged for failure to meet established physical standards (no disability) on 3 September 1976.  The DD Form 214 he was issued at the time of separation shows he completed 22 days of active military service and that he was returned to the control of the Adjutant General, NCARNG. 

9.  On 15 September 1976, Department of Military and Veterans Affairs, Office of the Adjutant General, Raleigh, North Carolina, published Orders 49-30, honorably discharging the applicant from the Army National Guard by reason of relief from active duty training due to physical disqualification.

10.  In a self-authored statement, dated 12 December 2005, the applicant states that he was struck on the left side of his head during physical fitness training while engaged in one-on-one type of exercise.  He further adds that when he woke up in the hospital, the doctors notified him that he was no longer in the Army.  

11.  In his claim to the VA, dated 22 March 2006, the applicant states that he was struck on the left side of his head during basic training and that he still suffers from that injury today.

12.  The applicant submitted a character reference letter/statement of support from a former chief warrant officer five (CW5).  The chief states that he enlisted the applicant in the NCAARNG and that the applicant suffered a blow to his head which rendered him unconscious during basic training.  The chief concludes that it is not clear what condition existed prior to the applicant’s military service and that the medical board should have included the applicant’s injury in basic training.  

13.  Army Regulation 635-200 (Personnel Separations), in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-9 of this regulation sets the policy for separation of personnel who did not meet procurement medical fitness standards.  In the version at the time, it states that individuals who were not medically qualified under 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 member's initial entrance on active duty or active duty for training under the Reserve Enlistment Program of 1963 which (1) would have permanently disqualified him for entry into the military service had it been detected at that time; and (2) does not disqualify him for retention in the military service under the provisions of chapter 3, AR 40-501 (Standards of Medical Fitness).  Separation will be accomplished within 72 hours following approval by the discharge authority.  A member being separated under paragraph 5-9 will be awarded a character of service of honorable, under honorable conditions, or an entry-level of separation.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of records shows that the applicant was found medically unqualified for service.  The medical proceedings clearly established that a medical condition was identified by appropriate military medical authorities within 4 months of the applicant's initial entry on active duty or on active duty for training.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant’s discharge accurately reflects his military service at that time.

2.  There is no evidence in the available records nor did the applicant provide evidence to substantiate an injury to his head during physical training while at basic combat training.  In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  Therefore, he is not entitled to relief.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jea___  __wdp___  __jlp___  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.




							James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
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.