IN THE CASE OF:	  

		BOARD DATE:	  24 March 2009

		DOCKET NUMBER:  AR20080018445 


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, in effect, that his records be corrected to show he suffered from diabetes at the time of his discharge.

2.  The applicant states, in effect, he was told he had the onset of diabetes at the time of his discharge and is requesting a copy of his records.

3.  The applicant provides a self-authored statement in support of his application.

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 is advised that the Board is not a records custodian and does not maintain or process requests for records.  As a result, his request for an entire copy of his record will not be addressed further in this Record of Proceedings.

3.  The applicant's record shows that he enlisted in the Regular Army and entered active duty on 19 March 1970.  He was trained in and awarded military occupational specialty 76R (Missile Repair Parts Specialist).  His record documents no acts of valor, significant achievement, or service warranting special recognition.

4.  On 21 April 1971, during his separation processing, the applicant completed a Standard Form 89 (Report of Medical History) in which he noted he was in fine health in item 17 (Statement of Examinee's Present Health in Own Words) and underwent a medical examination.  The Standard Form 88 (Report of Medal Examination) completed to document his separation medical examination shows he suffered from a character and behavior disorder and a refraction error in item 74 (Summary of Defects).  The applicant again commented that he was in fine heath in item 73 (Notes and Significant or Internal History) and the examining physician indicated that he was medically qualified for separation/
retention in item 77 (Examinee).  The separation medical examination provides no indication that the applicant was suffering from diabetes or from any disqualifying medical condition at the time.

5.  On 13 August 1971, the applicant was discharged under the provisions of Army Regulation 635-212 (Personnel Separations Discharge Unfitness and Unsuitability), by reason of unfitness and received an undesirable discharge.  The separation document he was issued at the time confirms he completed a total of 1 year, 4 months, and 21 days of creditable active military service and accrued 4 days of time lost due to being absent without leave from 7 October 1970 through 10 October 1970.

6.  On 24 June 1977, the applicant's discharge was upgraded to an honorable discharge under the provisions of the Department of Defense Special Discharge Review Program.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214 (Report of Separation from Active Duty).  Chapter 2 contains guidance on preparation of the DD Form 214.  It states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  There are no provisions for changing information on the DD Form 214 based on conditions that occur subsequent to a member's separation from active duty.

8.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) 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 or her office, grade, rank, or rating.  Separation by reason of disability requires processing through the PDES.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military record should be corrected to show he suffered from the onset of diabetes at the time of his discharge or, in effect, that he should receive a medical discharge, was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant underwent a separation physical examination during his discharge processing and that he was found fully qualified for separation/retention by proper medical authority during this process.  It further shows that the applicant by his own admission was in fine health at the time of his discharge, except for the fact he was suffering from a character and behavior disorder which did not qualify him to be processed for separation through medical channels.  Absent any evidence of record confirming the applicant suffered from diabetes and/or any disqualifying medical condition, there is an insufficient evidentiary basis to support any correction of the medical documents on file in his record or the reason for his discharge.

3.  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.

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.



      __________x_______________
                 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.

ABCMR Record of Proceedings (cont)                                         AR20080018445



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ABCMR Record of Proceedings (cont)                                         AR20080018445



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