IN THE CASE OF:
BOARD DATE: 21 OCTOBER 2008
DOCKET NUMBER: AR20080010315
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that the statements, Voidance of Induction be removed from his Report of Transfer or Discharge (DD Form 214) and that his DD Form 214 be corrected to show that he was discharged due to medical reasons.
2. The applicant states that his ankle injury happened while he was in basic training and, therefore, a medical discharge should have been awarded.
3. The applicant provides in support of his application, a copy of his DD Form 214.
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 was inducted into the Army in Oakland, California, on 7 May 1969.
3. On 2 July 1969, the applicant commanding officer was forwarded an approved request for release from the custody and control of the service because of a physical condition which existed prior to service from the Assistant Adjutant General, Headquarters, United States Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington. The Assistant Adjutant General requested that immediate action be taken to effect the applicants separation from the service and that the authority for separation was to be Army Regulation 635-200, paragraph 5-9a.
4. The facts and circumstances surrounding the applicants discharge are not on file. However, the DD Form 214 that he was furnished shows that he was honorably discharged on 8 July 1969 under the provisions of Army Regulation 635-200, paragraph 5-9a, due to a voidance of induction. He had completed 2 months and 2 days of total active service.
5. A review of the available record does not show that the applicant sustained an ankle injury while he was in basic training.
6. Army Regulation 635-200 provides for the separation of enlisted personnel. Paragraph 5-9a of the regulation in effect at the time provided for the discharge of personnel who did not meet medical fitness standards for enlistment or induction. It states, in pertinent part, that commanders are authorized to order discharge of individuals who were not medically qualified under procurement medical fitness standards when accepted for induction or initial enlistment. A request for discharge will be submitted by the individual to his unit commander within 4 months from the date of initial entry on active duty.
7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty, discharge, or retirement.
DISCUSSION AND CONCLUSIONS:
1. The type of discharge directed and the reasons therefore appear to be correct considering all the facts of the case.
2. The applicants contentions have been noted. However, there is no evidence in the available record, nor has he submitted any evidence to show that he
sustained an ankle injury while he was in the Army. The available records show he did not meet medical fitness standards at the time of his induction into the Army.
3. According to the applicable regulation, a request for discharge will be submitted by the individual to his unit commander within 4 months from the date of initial entry on active duty. According to the transmittal that the applicants commanding officer received, a request for release from the custody and control of the service because of a physical condition which existed prior to service was approved. As such, it is reasonable to presume that the request for release from the custody and control of the service was submitted by the applicant.
4. The available record indicates that the applicant's induction was properly voided and the information was appropriately annotated on his DD Form 214.
5. 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 has failed to submit evidence that would satisfy this requirement.
6. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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.
_________XXX_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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