IN THE CASE OF:	  

		BOARD DATE:	    27 May 2010

		DOCKET NUMBER:  AR20090019012 


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, correction of item 48 of his DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 18 September 1969, and item 1 of his Standard Form 522 (Authorization for Administration of Anesthesia and for Performance of Operations and Other Procedures).

2.  The applicant states, in effect, he was not advised why his DD Form 4, item 48, shows "Medical Remedial Program" of which he wants it understood that he was not a part.  He also states, in effect, item 52 (Weight) of his Standard Form 88 (Report of Medical Examination) was marked through to show his weight as 101 pounds on 17 September 1969.  He was supposed to weigh 103 pounds with his height.  He did not weigh 101 pounds, he only weighed 99 pounds at the time.  His Standard Form 522 shows he consented to therapy and a lot of other medical procedures.  He never received any therapy and the Army knows that.  

3.  In support of his request, the applicant provides copies of his DD Form 4, his Standard Form 522, and his 1996 letter from the Army Board for Correction of Military Records (ABCMR).

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 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.  His records contain a Standard Form 88, dated 12 September 1969, that shows he was found not qualified for enlistment based on being 2 pounds underweight.  Item 52 of this form shows he weighed 101 pounds on 17 September 1969.

3.  Item 1 of his Standard Form 522, dated 17 September 1969, shows he consented to the performance upon himself of therapy to correct his underweight condition.  He placed his signature on this form which was witnessed by his recruiter.

4.  His military records show he enlisted in the Regular Army in pay grade E-1 with a waiver on 18 September 1969 for 2 years.  His DD Form 4, item 48, shows he enlisted under the Medical Remedial Program.  He placed his signature on the DD Form 4 to indicate that the information recorded on the form was correct and complete to the best of his knowledge.

5.  He completed basic and advanced individual training and was awarded military occupational specialty 63H (Engineer and Power Train Repairman).  He was advanced to pay grade E-2 on 15 April 1970.  He served in Germany from 24 April 1970 to 22 July 1970 and in Vietnam from 6 September 1970 to 5 September 1971.

6.  His Standard Form 88, dated 16 September 1971, item 52, shows he weighed 110 pounds and was found qualified for separation.

7.  He was honorably released from active duty in pay grade E-3 on 23 September 1971 for the purpose of early release for Soldiers assigned to the Medical Hold Company.  There is no available evidence in his records showing the reason or cause for his assignment to the Medical Hold Company.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that on 12 September 1969 he was found not qualified for enlistment based on being 2 pounds underweight.  On 17 September 1969, he consented to therapy to correct his underweight condition.  He was enlisted in the Regular Army on 18 September 1969 with a waiver under the Medical Remedial Program.  On 18 September 1969, he acknowledged his entry into this program by placing his signature on the DD Form 4 to indicate the information recorded on the form was correct and complete.

2.  The evidence of record also shows in addition to therapy to correct his underweight condition, he consented on his Standard Form 522 to any such additional operations or procedures as were considered necessary or desirable in the judgment of the medical staff to correct his underweight condition.  His Standard Form 88, dated 16 September 1971, shows he had gained 9 pounds during his period of service.

3.  Neither the evidence submitted with the application nor the evidence of record supports his request that these forms are in error or unjust.  There appears to be no discrepancy in the entries on his DD Form 4 and Standard Form 522.  He signed each form at the time certifying the entries on the forms were correct.  The forms were prepared and maintained for active Army use.  As he no longer has a military status, any amendment to these forms serve no useful purpose.

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.  He has failed to submit evidence that would satisfy this requirement.

5.  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.



      _______ _   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)                                         AR20090019012



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ABCMR Record of Proceedings (cont)                                         AR20090019012



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