IN THE CASE OF:
BOARD DATE: 7 July 2009
DOCKET NUMBER: AR20080018595
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 his DD Form 214 (Report of Transfer or Discharge) be changed to show he received a medical discharge.
2. The applicant states item 11c [reason and authority for discharge] on the DD Form 214 should say "knee condition." He needs the correction to obtain a better job.
3. The applicant provides a copy of the DD From 214.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel provides no supporting statement, contentions, or documentation.
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's service medical records are believed to be on indefinite loan to the Department of Veterans Affairs and are not available for review by the Board.
3. The applicant enlisted in the Regular Army on 1 April 1970, completed basic training but did not complete advanced individual training and was not awarded a military occupational specialty.
4. On 12 August 1970 the applicant signed a DA Form 2496-1 (Disposition Form) wherein he acknowledged that he had been found to have been erroneously inducted because he did not meet procurement physical standards. He requested separation and did not desire to complete his term of enlistment.
5. The applicant was honorably discharged under the provisions of Army Regulation 635-200, Chapter 5, Section III as not meeting procurement medical fitness standards at the time of enlistment.
6. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Chapter 5, section III, in effect at that time states that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on AD or ADT for initial entry training, may be separated. Such conditions must be discovered during the first 6 months of active duty. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by an appropriate military medical authority within 6 months of the Soldier's initial entrance on active duty and would have permanently or temporarily disqualified the Soldier for entry into the military service. A Soldier who is found after entry on active duty not to have been qualified under procurement medical fitness standards at the time of enlistment may request to be retained on active duty subject to the conditions listed below. Approval or disapproval of requests for retention under this paragraph is delegated to the separation authority. Soldiers not retained will be processed for separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant states item 11c on the DD Form 214 should say "knee condition." He needs the correction to obtain a better job.
2. Without the service medical records the specific medical condition that resulted in the applicant's discharge is not discernable. However, in no case would a specific condition be listed as the reason for separation.
3. The applicant was found to have a preexisting medical condition within less than 6 months of entry onto active duty. He acknowledged that this condition existed and that he had been erroneously inducted. The applicant requested that he be separated.
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. The record does not contain and the applicant has not provided any documentation to support a change of the DD Form 214.
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) AR20080018595
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ABCMR Record of Proceedings (cont) AR20080018595
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