IN THE CASE OF:	  

		BOARD DATE:	       27 AUGUST 2009

		DOCKET NUMBER:  AR20090005491 


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 correction of his records to reflect he received a medical discharge and not a discharge for the convenience of the government. 

2.  The applicant states all his records now show he received a discharge for the convenience of the government but his original records state "Medical Discharge."  The applicant concludes that the original records should stand.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); an Honorable Discharge Certificate, dated 
24 April 1968; discharge orders, dated 23 April 1968; an AH Form 136 (Fort Ord, CA pre-printed memorandum, subject:  Interim Physical Profile Record), dated
20 March 1968; and a self-authored statement in support of this 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 enlisted in the Regular Army (RA) on 5 February 1968.

3.  On 20 March 1968, while in basic training, the applicant was issued a permanent physical profile for Spondylolysis - existed prior to service.  The attending physician ordered the immediate suspension of all military training.  

4.  On 20 March 1968, the applicant authenticated with his signature an application for discharge for the convenience of the government under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 5, paragraph 9, because of not meeting medical fitness standards at time of enlistment.  He indicated he felt that at the time of his induction into the service he did not meet the applicable medical fitness standards for induction in effect at the time.

5.  As a result, the applicant was honorably discharged on 24 April 1968.  Item 11c (Reason and Authority) of his DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, chapter 5.

6.  The applicant provided a self-authored statement in support of this application.  In this statement the applicant states, in part, that he went to sick call while in basic training for a sore throat and back pain and after an x-ray was taken, he was told by the doctor that he had a broken bone in his back.  He states that he received an "Honorable Medical Discharge."  The applicant further states, in effect, that he received a letter from the Government saying he was not eligible for any benefits.  He was told the reason for the denial was because he received a discharge for the convenience of the government and not a medical discharge.

7.  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 member's 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 (Standards of Medical Fitness).  
A request for discharge will be submitted by the individual to his unit commander within 4 months of the date of initial entry on active duty.  Applications for discharge would be processed promptly and separation would be accomplished within 72 hours following approval by the discharge authority.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his original records stated he received a medical discharge and not a discharge for the convenience of the government has been carefully reviewed and found to be without merit.

2.  The applicant voluntarily requested to be discharged from the service under the provisions of Army Regulation 635-200, chapter 5, paragraph 9, for the convenience of the government for not meeting the medical fitness standards at the time of enlistment and his DD Form 214 correctly reflects the reason for his discharge.  Therefore, his records are correct as currently constituted.

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.



      ___________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.
ABCMR Record of Proceedings (cont)                                         AR20090005491



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005491



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1