IN THE CASE OF:	  

		BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110011655 


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 his records to show he was discharged for medical disability.

2.  The applicant states:

* he hurt his foot while in basic training at Fort Dix in 1974 – he believes he injured his Achilles tendon
* he was given 10 to 14 days of bed rest while the rest of his platoon graduated
* after a few weeks of recovery, he was sent to Fort Gordon, GA with a limp
* after that, he was discharged
* upon arriving home, his father told him to have his records corrected to show he was separated because of his medical issues 

3.  The applicant provides no additional evidence.

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 on 21 January 1974 and entered active duty at Fort Dix, NJ for the purpose of attending basic combat training.  

3.  Special Orders Number 80, Headquarters, U.S. Army Training Center and Fort Dix, Fort Dix, NJ, dated 21 March 1974, ordered him to Fort Gordon, GA, for the purpose of attending advanced individual training (AIT) in military occupational specialty 95B (Military Police).

4.  Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date Expiration Term of Service (ETS)) of his DA Form  20 (Enlisted Qualification Record) shows he was reported by his unit as absent without leave (AWOL) during the period from 22 April 1974 to 6 May 1974.

5.  On 10 May 1974, the applicant’s immediate commander advised the applicant he intended to recommend him for discharge under the provisions of Department of the Army (DA) Message Date Time Group 011510Z, dated August 1973, Subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days, later incorporated into Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 5 (Trainee Discharge Program (TDP)).  For specific reasons, he cited the applicant's lack of motivation, self-discipline, and determination needed to be a Soldier in today's Army.  His immediate commander stated that upon his return from 16 days of being AWOL, the applicant stated he had no desire to remain in the Army.

6.  On 10 May 1974, the applicant acknowledged notification of the proposed separation action and was afforded the opportunity to consult with legal counsel but elected not to do so.  Additionally, he elected not to submit statement(s) on his own behalf, or to have a separation medical examination.  

7.  On 10 May 1974, his immediate commander initiated separation action against him.  On 10 May 1974, his intermediate commander recommended approval.  

8.  On 13 May 1974, the separation authority approved his discharge and directed that he receive an Honorable Discharge Certificate.  On 21 May 1974, he was discharged accordingly.  His DD Form 214 (Report of Separation from Active Duty) confirms he entered active duty on 21 January 1974 and was discharged on 21 May 1974.
9.  His available record is void of any documentation, and he has not provided any documentation, that substantiates his contention that he suffered from a medical condition or injury that should have resulted in his separation by reason of disability.

10.  DA Message DTG 011510Z August 1973 was issued by the Secretary of the Army as an interim authority for separation of personnel with less than 180 days of active duty.  This message was replaced by Army Regulation 635-200, chapter 5, and became known as the TDP.  Both the message and the regulation provide for the separation of personnel in an entry-level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort, or a failure to adapt to the military environment.  These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty.  The characterization of service for Soldiers separated under this provision of regulation was honorable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been separated by reason of disability.

2.  The evidence of record shows he displayed a lack of motivation, self-discipline, and determination needed to be a Soldier in today's Army.  Additionally, he was AWOL for a period of 15 days, and he stated upon his return he did not wish to remain in the Army.  Accordingly, his immediate commander initiated separation action against him.

3.  He contends he injured his foot during basic training, which should have resulted in his separation by reason of disability; however, there is no indication of any injuries or medical conditions incurred during his period of active service.  In any case, his medical conditions would have been considered during his separation proceedings. 

4.  The evidence of record fails to show he suffered from any physical disability.  His separation processing was accomplished in compliance with applicable regulations, and there is no evidence of procedural errors that would have jeopardized his rights.  Accordingly, there is insufficient evidence to grant the requested relief.





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)                                         AR20100018110



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ABCMR Record of Proceedings (cont)                                         AR20110011655



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