IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090018385
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 narrative reason for separation be changed.
2. The applicant states the following:
* He served 2 months and 22 days of active duty
* He was drafted on 18 September 1970
* He passed all medical requirements at the time of induction
* He completed basic combat training and advanced individual training (AIT)
* He was injured in AIT
3. The applicant provides the following documents in support of his application:
* DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 2496 (Disposition Form)
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 of the United States on 18 September 1970. His DD Form 47 (Record of Induction) shows he received physical profiles of 111111 on 10 July 1969 and 24 June 1970.
3. He completed basic combat training at Fort Jackson, SC and was reassigned for AIT.
4. A DA Form 2496 was prepared on 4 December 1970 which indicated he appeared before a medical board of officers at the U.S. Army Hospital at Fort Jackson, SC on 3 December 1970. This form also indicated the medical board recommended the applicant be separated from the service with an effective date of 9 December 1970. The medical board proceedings are not available. His service record does not contain medical documents.
5. The applicants discharge packet is not available. However, his DD Form 214 indicates he was discharged on 9 December 1970 with an honorable discharge under the provisions of Army Regulation 635-200, chapter 5 by reason of not meeting medical fitness standards at time of induction. He completed 2 months and 22 days of creditable active service.
6. His DD Form 214 shows a Separation Program Number (SPN) code of 375 (Discharge because of not meeting medical fitness standards at time of induction).
7. Army Regulation 635-200 set forth the basic authority for the separation of enlisted personnel. Paragraph 5-9 of the regulation provided for personnel who did not meet the medical fitness standards for enlistment or induction. An individual was eligible for discharge if a medical board found the individual had a medical condition which would have permanently disqualified him for entry in the military service had it been detected at that time and did not disqualify him from retention in the military service under the provisions of chapter 3, Army Regulation 40-501.
8. Army Regulation 635-5 (Separation Documents), dated 23 January 1967, Appendix A, stated that when the reason for separation was discharge because of not meeting medical fitness standards at time of enlistment (or induction) then SPN 375 would be shown.
DISCUSSION AND CONCLUSIONS:
1. The applicants statements regarding his military service are acknowledged and are supported by the evidence of record. However, his service record does not contain any medical documentation to show he was injured in AIT.
2. In the absence of evidence to the contrary it is presumed that the applicant's administrative discharge proceedings under the provisions of Army Regulation 635-200, chapter 5 were conducted in accordance with law and regulations applicable at the time.
3. The evidence of record shows a medical board convened in December 1970 and recommended the applicant be separated from the service. The applicants medical diagnosis is not available.
4. The applicant has failed to show through the evidence submitted or the evidence of record that the narrative reason and authority issued to him was in error or unjust. Therefore, there is no basis for granting his 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.
_______ _ _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) AR20090018385
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ABCMR Record of Proceedings (cont) AR20090018385
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