IN THE CASE OF:	

	BOARD DATE:  14 February 2012

	DOCKET NUMBER:  AR20110015875


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 38 (Remarks) of his       DD Form 214 (Report of Separation from the Armed Forces of the United States), to delete the entry pertaining to item 8 (Reason and Authority for Separation); specifically, the entry "medical disqualification existing prior to entry on active service and was not aggravated by military service."

2.  The applicant states:

* this error resulted from an error in his medical diagnosis
* he enlisted in the Army in 1952, and during basic training he twisted his ankle, breaking the bone
* he spent nearly 2 months in the hospital before he was told his injury would not properly heal
* he was then honorably discharged
* he was proud to have served, even if for only a short time
* he was shocked to see that his DD Form 214 stated his medical condition existed prior to entry
* he had no medical condition prior to entry and he was "healthy as a horse"
* his injury occurred while he was exercising on active duty
* he is now 80 years old and would like his DD Form 214 corrected to state the truth, that his injury occurred while on duty
 
3.  The applicant provides his DD Form 214 and a medical report from the Center for Diagnostic Imaging (CDI).

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’s complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  On 13 February 1952, he underwent an entrance physical at the Los Angeles, CA, Armed Forces Examining Station (AFES).  Items 36 (Feet) and 37 (Lower Extremities) of his Standard Form (SF) 88 (Report of Medical Examination) indicate his feet and lower extremities were "normal" and did not disqualify him for enlistment.

4.  On 15 February 1952, he enlisted in the Regular Army and entered active duty for the purpose of attending basic combat and advanced individual training.

5.  On or about 12 March 1952, he sought medical care for a painful left ankle.  

6.  His record contains an SF 504 (Clinical Record – History – Part 1) that contains the entries "Painful, left ankle since 17 November 1950," and "Patient states that on 17 November 1950 a truck ran over left ankle in Compton, California fracturing it." 

7.  His record contains an SF 505 (Clinical Record – History – Parts 2 and 3) that contains the entry "8.  Injuries:  Fractured left metatarsal in 1951 while riding a scooter."

8.  On 14 March 1952, he requested discharge for the convenience of the government, for physical disability.  Paragraph 1 of his request contains the statement:

I have been notified that, based upon preliminary findings, I am considered unfit for retention in the military service on account of a physical disability which is considered to have existed prior to 15 February 1952.

He authenticated this document by affixing his signature in the appropriate place.

9.  On 7 April 1952, he underwent a separation physical at Fort Ord, CA.  His SF 89 (Report of Medical History) contains the following entries:

   a. Item 35 (Have You Consulted or Been Treated by Clinics, Physicians, Healers, or Other Practitioners Within the Last 5 Years?) contains a checkmark in the "Yes" column, and the entry "forgotten the name and address of physician who fixed my ankle in 1950.  I broke arch in 1951 and was treated at General Hospital."

   b. Item 37 (Have You Ever Been Rejected for Military Service Because of Physical, Mental, or Other Reasons?) contains a checkmark in the "Yes" column, and the entry "1950 and 1951, because of fracture in left foot and ankle."

10.  On 9 April 1952, his record was reviewed for separation by a board of medical officers.  His WD AGO Form 8-118 (Disposition Board Proceedings for Enlisted Members) contains the following entries:

	a.  Item 16 (After Careful Consideration of Clinical Records, Laboratory Findings, and Physical Examination, the Board Finds the Officer [Enlisted Member] to Have the Following Diagnosis, Condition upon Completion of Case, and Line of Duty Findings Following Each Diagnosis) contains the entries:

		(1)  7342 – Nonunion of fracture, medial malleolus, left ankle, incident to injury received when a truck ran over ankle of patient 17 November 1950, in Compton, California;

		(2)  Condition upon Completion of Case – Unimproved; and

		(3)  Line of Duty – No, Existed Prior to Service (EPTS).

	b.  Item 18 (Approximate Date of Origin of Each Incapacity) contains the entry "17 November 1950."
	c.  Item 19 (Is Cause of Incapacity Incident to Service) contains a checkmark in the "No" column.

	d.  Item 20 (Existed Prior to Entry on Active Duty) contains a checkmark in the "Yes" column.

	e.  Item 21 (Permanently Aggravated by Active Duty) contains a checkmark in the "No" column.

	f.  Item 33 (State Disability Briefly in Nontechnical Language) contains the entry "old fracture, left ankle."

11.  On 18 April 1952, he was honorably discharged under the provisions of Special Regulation (SR) 600-450-10, for the convenience of the Government for medical disqualification.  His DD Form 214 shows he completed 2 months and 4 days of net active service.  Item 38 shows he was discharged for medical disqualification that existed prior to entry on active service (EPTS).  

12.  He provides a medical report from CDI that indicates he had a past foot and ankle injury; however, it contains no language that references a possible timeframe for which his injury occurred.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of item 38 to delete the entry pertaining to item 8; specifically, the entry "medical disqualification existing prior to entry on active service and was not aggravated by military service."

2.  The evidence of record shows the applicant enlisted on 15 February 1952; however, it further shows he injured his left ankle in 1950 and 1951, prior to entering military service.

3.  At that time of the applicant's discharge, it was determined that the applicant's medical condition existed prior to entrance on active service and was not incident to or aggravated by prior or subsequent military service.  As a result, the 
applicant was discharged under the provisions of SR 600-45-10, based on a medical disqualification that existed prior to entry in service.

4.  In view of the foregoing, there is an insufficient basis to grant relief in this case.

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)                                         AR20110015875



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