BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100016469 


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 honorable discharge, dated 5 August 1969, be changed to a medical discharge.

2.  The applicant states:

* He fractured his right ankle on 14 March 1968 and was admitted to the U.S. Army Hospital at Fort Campbell, Kentucky
* He was put on temporary profiles until his release from active duty

3.  The applicant provides:

* DD Forms 214 (Report of Transfer or Discharge) for the periods ending 5 August 1969 and 27 July 1967
* Service medical records

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 was ordered to active duty from the Army National Guard on 
25 January 1967.  On 27 July 1967, he was released from active duty and transferred to the Army National Guard to complete his remaining service obligation.  On 21 February 1968, he was discharged from the Army National Guard and transferred to the U.S. Army Reserve (USAR) so he could be called to active duty as a Reserve of the Army.  He entered active duty on 22 February 1968 for a period of 17 months and 13 days. 

3.  The applicant provided a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 2 April 1968, which states he was admitted to the U.S. Army Hospital at Fort Campbell, Kentucky for a fractured right ankle.  This form states he was pushed by friend and he fell and fractured his right ankle on 
14 March 1968. 

4.  The applicant also provided a DA Form 8-274 (Physical Profile), dated 
4 September 1968, which shows he was medically qualified for duty with temporary limitations with a physical profile of 113111.  This form indicates the applicant was instructed to report to a medical facility on 4 December 1968 for further physical profile evaluation or medical treatment and disposition.  No other medical records are available. 

5.  Records show the applicant was promoted to the rank of private first class on 3 December 1968 and to the temporary rank of specialist four on 22 January 1969.

6.  On 5 August 1969, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200 for expiration term of service.  He was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.    

7.  On 18 December 1971, the applicant was honorably discharged from the USAR.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 provides for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training.  

9.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  The unfitness is of such a degree that a Soldier is unable to perform the duties of his office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.

10.  Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his/her office, rank, grade, or rating because of disability incurred while entitled to basic pay.

11.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric.  Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.  Numerical designators "2" and "3" indicate that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty.  The individual should receive assignments commensurate with his or her functional capacity.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been discharged with a medical discharge for a fractured right ankle sustained on 14 March 1968.  

2.  The applicant's contention he was put on temporary profiles until his release from active duty was noted.  However, evidence of record shows he was found to be medically qualified for duty with temporary assignment limitations until 
4 December 1968.  Numerical designator "3" indicates that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty.



3.  Evidence of record shows the applicant broke his right ankle on 14 March 1968.  However, he successfully completed his tour of active service, 17 months after his ankle injury.  There is no evidence to show the applicant could not perform his duties while on active duty.  In addition, he subsequently successfully served in the USAR for almost 2 and 1/2 years and was honorably discharged from the USAR on 18 December 1971.  Therefore, there is insufficient evidence to show a medical discharge was warranted.

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)                                         AR20100016469





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ABCMR Record of Proceedings (cont)                                         AR20100016469



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