IN THE CASE OF: 

		BOARD DATE:	       25 October 2012

		DOCKET NUMBER:  AR20120006821 


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 records to show he was medically retired.

2.  The applicant states he served in the Army from 6 June 1966 to 6 June 1969 and in the U.S. Army Reserve (USAR) from 7 June 1969 to 6 June 1972.  His original entrance physical reflects his bilateral hearing as being damaged and sub-par upon enlistment.  During his service, his bilateral hearing got worse and he worked around heavy equipment and spent a lot of time at firing ranges without ear protection.  His second physical prior to his expiration of term of service (ETS) reflects his hearing as being deficient and sub-par to the point that he needed hearing aids.  After he was released from the Army, he had several hearing examinations and started wearing hearing aids in both ears.  He cannot locate his medical records that show this.  He is enclosing a copy of his hearing examination from 1988.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 20 (Enlisted Qualification Record)
* DD Form 4 (Enlistment Contract – Armed Forces of the United States)
* Standard Form 88 (Report of Medical Examination)
* reverse sides of two Standard Forms 88
* Standard Form 180 (Request Pertaining to Military Records)


* two letters
* SunTrust Direct Deposit Enrollment Form

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 provides the second page of a Standard Form 88, dated 8 June 1966, wherein it shows he received a physical examination on that date, presumably for the purpose of enlistment in the Regular Army.  Item 76 (Physical Profile) of this form shows he received a "1" in all categories, was found to be have no unfitting defects, and was qualified for military service.

3.  He enlisted in the Regular Army on 8 June 1966 and he held military occupational specialty (MOS) 36K (Field Wireman).  He served in Alaska from 10 November 1966 to 5 June 1969 while assigned to the 5th Battalion, 23rd Infantry.

4.  He was honorably released from active duty at Fort Richardson, AK, on 6 June 1969 by reason of ETS and transferred to the USAR Control Group (Reinforcement).  He completed 2 years, 11 months, and 29 days of net active service.

5.  Item 17 (Physical Status) of his DA Form 20 contains the entry "1" in all categories and shows this status was as of 9 November 1967.

6.  The applicant's available records do not show that he was diagnosed with or suffered from any medical condition while serving on active duty that limited his ability to perform in his grade/MOS or that would have warranted entry into the Army Physical Disability Evaluation System (PDES).

7.  Letter Orders Number 09-1053955, dated 9 September 1970, issued by the U.S. Army Administration Center discharged him from the USAR effective 26 August 1969 "to enlist in Regular Marines."

8.  The applicant provides the second page of a Standard Form 88 wherein the date of the form is shown as "27 August" but the year is not visible.  It is presumably for a physical examination in 1969 for the purpose of enlistment in the Marine Corps.  Item 76 (Physical Profile) of this form shows he received a "2" in the hearing category, was found to be have no unfitting defects, and was qualified for military service.

9.  The applicant provides a Standard Form 88, dated 20 April 1973, wherein it shows he received a physical examination on that date for the purpose of enlistment in USAR.  Item 76 of this form shows he received a "1" in all categories, was found to be have no disqualifying defects, and was qualified for military service.

10.  He enlisted in the USAR on 30 April 1973 in MOS 11B (Light Weapons Infantryman).

11.  Letter Orders Number 11-1349903, dated 26 November 1974, issued by the U.S. Army Reserve Components Personnel and Administration Center discharged him from the USAR effective 9 May 1974 by reason of ETS.

12.  There is no evidence in his available records that shows he was diagnosed with or suffered from any medical/mental condition while serving in the USAR that limited his ability to perform in his grade/MOS or prevented him from reenlisting in the USAR.

13.  The applicant provides a letter from a Beltone Audiology and Hearing Center, dated 23 February 2004, wherein a hearing specialist stated the applicant is hard of hearing and needs hearing aids.  His patient file was purged many years ago, but their permanent log showed they tested his hearing and fitted him with a custom hearing aid in August 1988.

14.  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.  It states medical evaluation boards are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualification for retention based on the criteria in Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.

15.  Army Regulation 40-501 governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement.  Once a determination of physical unfitness is made, the physical evaluation board rates all disabilities using the Department of Veterans Affairs Schedule for Rating Disabilities.  Ratings can range from 0 percent to 100 percent, rising in increments of 10 percent.

16.  Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent.  Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was medically retired from the Army.

2.  The evidence of record does not show and the applicant has not provided any evidence that shows he was diagnosed with or suffered from any medical/mental condition while serving on active duty that limited his ability to perform in his grade/MOS or that would have warranted entry into the PDES.  Therefore, his DD Form 214 correctly shows he was honorably released from active duty on 9 June 1969 by reason of ETS.

3.  Although the applicant provides evidence that shows he received a "2" in the physical status hearing category during a physical examination on 27 August 1969, this form also shows he was found to be have no unfitting defects at that time and was qualified for military service.  In addition, he provides evidence that shows in 1973, over 4 years after he was released from active duty, he received "1" in all physical status categories, was found to have no unfitting defects, and was qualified for military service.  He enlisted in the USAR on 30 April 1973.

4.  The evidence of record also shows he was honorably discharged from the USAR on 9 May 1974 by reason of ETS.  There is no evidence in his available record that shows he was diagnosed with or suffered from any medical/mental condition while serving in the USAR that limited his ability to perform in his grade/MOS or prevented him from reenlisting in the USAR.

5.  The fact that he may have required a hearing aid in 1988 does not support his contention that he should have been medically retired from the Army in 1969.

6.  In view of the foregoing, he is not entitled to 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 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)                                         AR20120006821



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ABCMR Record of Proceedings (cont)                                         AR20120006821



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