IN THE CASE OF:	

		BOARD DATE:	30 June 2011

		DOCKET NUMBER:   AR20110000075


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was discharged prior to 180 days for medical reasons.

2.  The applicant states his DD Form 214 is not correct and he believes it is causing him harm.

	a.  On 9 August 1966, he enlisted in the Army for 4 years under a special recruitment program offered during the Vietnam era.  In return for the 4-year enlistment, the program guaranteed him the job of his choice.  His choice was assignment to the Army Security Agency (ASA).  He recalls there was a signed a agreement that was conditional upon passing a Federal Bureau of Investigation screening and the induction physical examination.  He did both.

	b.  During the induction physical he told the physicians that his shoulder had previously been dislocated and when.  The physicians examined him in general and his shoulder specifically.  They found him qualified to enlist.

	c.  Following the examination and oath he was transported to Fort Ord, CA, for training.

	d.  On 19 August 1966, during a basic training exercise his left shoulder dislocated.  He was sent to a clinic, examined with x-rays, and his shoulder was set.  He recalls that during the examination he was told he had two choices:  (1) receive an honorable discharge and be sent home or (2) go home, recover, and return to the Regular Army, not the ASA.

	e.  On 20 September 1966, he was discharged and sent home with no follow-up medical care authorized.

	f.  At an unknown date in 1966 he received an envelope containing official separation papers.  He was again shocked as he read his DD Form 214 and found he was honorably discharged for "not meeting medical fitness standards at time of enlistment."

	g.  The reason for his discharge should not be for "not meeting medical fitness standards at time of enlistment."  He states he was properly inducted into the Army, but he was discharged for medical reasons prior to 180 days of service.  He believes the current incorrect DD Form 214 is doing him harm.  He has been told by potential employers that he is not eligible for any form of veterans' preference because his service was so short.

3.  The applicant provides copies of:

* Standard Form 88 (Report of Medical Examination), dated 9 August 1966
* Standard Form 89 (Report of Medical History), dated 9 August 1966
* Department of Veterans Affairs (VA) 10-percent disability rating, dated 22 November 2010
* an excerpt from the Arizona Workforce Connection Personal Contact Information
* Selective Service System Notice of Classification
* DD Form 214

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 for a period of 4 years on 9 August 1966.  He proceeded to Fort Ord, CA, for training.

3.  A Standard Form 88, dated 9 August 1966 (the date he enlisted), shows the following comments in item 74 (Summary of Defects and Diagnoses):  "2X episode dislocation left shoulder.  [Item] 35 (Upper Extremities) – AX left shoulder dislocation 8/31/65 in relation to a winter ski accident – recurrent on 1/11/66.  No further TX of dislocation although this may have been during strenuous exercising and participating in water ski sports."  In item 77 (Examinee is/is Not Qualified for) the block is marked "X" showing the applicant was qualified for enlistment.

4.  While in training, the applicant dislocated his left shoulder.  He was issued a DA Form 8-274 (Medical Condition – Physical Profile Record), dated 22 August 1966.  Section A, items 2 and 3, show the applicant was returned to his unit for separation processing and that he was not medically qualified for military duty.  Section C, item 8, states, "Immediate suspension of all military training pending separation under the provisions of Army Regulation 635-200 (Personnel Separations)."

5.  On 22 August 1966, the applicant submitted an application for discharge for the convenience of the government under the provisions of Army Regulation 
635-200.  In his request he states, "I request discharge from the service under the provisions of paragraph 3a(6), Army Regulation 635-200 as I feel that at the time of my induction into the service I did not meet the applicable medical fitness standards for induction in effect at that time."

6.  Medical Board Proceedings, dated 31 August 1966, show the board recommended the applicant be returned to duty pending separation according to provisions of Army Regulation 635-200.  The applicant did not disagree with the findings of the board.

7.  His DD Form 214 shows he was honorably discharged on 20 September 1966 under the provisions of Army Regulation 635-200, paragraph 5-9.  The reason for discharge is shown as not meeting medical fitness standards at the time of enlistment.  He completed 1 month and 12 days of net active service.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-9 (discharge of personnel who did not meet the medical fitness standards), in effect at the time stated:

	a.  Discharge of personnel who did not meet the medical fitness standards for enlistment or induction.  Commanders specified in section VI, chapter 2, are authorized to order the discharge of individuals who were not medically qualified under procurement medical fitness standards when accepted for induction or initial enlistment.  Eligibility for discharge will be governed by the following:

		(1)  a medical board finding that the individual has a medical condition which –

		(a)  would have permanently disqualified him for entry in the military service had it been detected at that time and

		(b)  does not disqualify him from retention in the military service under the provisions of chapter 8, Army Regulation 40-501 (Standards of Medical Fitness).

		(2)  A request for discharge will be submitted by the individual to his unit commander within 4 months from the date of initial entry on active duty or initial entry on active duty for training under the Reserve Enlistment Program of 1963.  An individual found to meet the requirements of (1)(a) above who elects to complete the period of service for which inducted or enlisted will be required to submit a written statement set forth in paragraph 54c(S)(b), Army Regulation 
40-3 (Medical, Dental, and Veterinary Care).

	b.  The application for discharge will be processed promptly and separation will be accomplished within 72 hours following approval by the discharge authority.

	c.  The authority for discharge (Army Regulation 635-200) and separation program number 375 will be included in directives or orders directing the individuals to report to the appropriate transfer authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was discharged prior to 180 days of service for medical reasons.  He claims he was properly inducted in the Army.  His current DD Form 214 states he was discharged for not meeting medical fitness standards at the time of enlistment.  He has been told by potential employers that he is not eligible for any form of veteran's preference because his service was so short.

2.  The evidence of record shows the incidents of dislocation of his left shoulder were noted during his enlistment medical examination.  It appears he was nevertheless medically cleared  for enlistment in the reasonable expectation that the problem would not reappear.  However, he dislocated his shoulder again within two weeks of enlistment.  He then became eligible for and requested discharge when it was determined as a result of another incident that his shoulder was disqualifying in that it was easily dislocatable.

3.  Records confirm the applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-9, was administratively correct and in compliance with applicable regulations in effect at the time.  In addition, records show the applicant was properly and equitably separated from active duty.  Therefore, he is not entitled to correction of his records to show he was medically discharged.

4.  The ABCMR does not change discharges solely to enhance an individual's eligibility for veterans' benefits or employment.

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 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)                                         AR20100015368



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ABCMR Record of Proceedings (cont)                                         AR20110000075



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