IN THE CASE OF:	  

		BOARD DATE:	 6 November 2012

		DOCKET NUMBER:  AR20120007908 


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, issuance of the National Defense Service Medal and correction of his DD Form 214 (Armed Force of the United States Report of Transfer or Discharge) to show:

* his rank/grade as private/E-2
* a different discharge date

2.  The applicant states:

* he was promoted to private/E-2 and paperwork was sent to him confirming this while he was hospitalized at Walter Reed Army Medical Center
* he was never given any medals
* he spent several weeks in the Walson Army Hospital at Fort Dix, NJ, and he was flown to Walter Reed Army Medical Center because of the seriousness of his illness, where he spent several months
*	he had spinal taps, blood work, and many other serious tests, some of which have now been determined dangerous and are not being conducted
*	he did not wear glasses when he enlisted, but did when he was discharged
* he got married 5 weeks prior to enlisting and is still married 46 years later 
* his wife never received any money for being his spouse
* he asked the government and Armed Forces for help and was denied; however, he should not have to force somebody to get what he should have coming
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.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN:  Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

3.  On 29 December 1966, the applicant enlisted in the Regular Army for a 3-year period as a private/E-1.

4.  The applicant's DA Form 20 (Enlisted Qualification Record):

* shows he was absent without leave (AWOL) during the period 5 January 1967 to 18 January 1967
* does not show he was appointed to private/E-2

5.  A review of the applicant's Army Military Human Resource Records (AMHRR), formerly known as the Official Military Personnel File, failed to show any documentation appointing him to private/E-2.

6.  A neuropsychiatric evaluation conducted at Headquarters, Walson Army Hospital, Fort Dix, NJ, dated 13 January 1967 and signed by the applicant's psychiatrist, shows:

* the applicant was referred by his commander
* he had a long history of extremely poor impulse control, had made several suicidal gestures, and was in frequent fights
* he also had a long history of anti-social behavior including an arrest and  3-years of probation for theft
* he was diagnosed with emotional instability
* he was declared to be mentally responsible, able to distinguish right from wrong and adhere to the right, and mentally capable of understanding and participating in board proceedings
* he had no mental disease or defect sufficient to warrant disposition through medical channels
* his "personality disorder" was of such severity that he could not be expected to respond to counseling, transfer, or confinement
* his continued stress of military life, at the time, could have resulted in him becoming seriously ill or hurting himself or someone else
* an expeditious separation of the applicant was recommend

7.  On 19 January 1967, a letter was sent to the applicant's mother-in-law advising her of his AWOL status.  On 24 January 1967, his mother-in-law responded to the letter advising the Army that the applicant was at the Walson Army Hospital, Fort Dix, NJ.

8.  A DA Form 8-275-2 (Clinical Record Cover Sheet), dated 2 February 1967, shows:

* he was declared AWOL during the period 16 January 1967 to 19 January 1967 while at the Veteran Administration (VA) Hospital, Canandaigua, NY, during the time frame
* he was diagnosed with neoplasm, temporal lobe, existed prior to service (EPTS)

9.  The applicant's records contained a handwritten note which states the following:

* "[admitted effective] 2255, Ward 4B – 4694"
* "[from absent sick Walson Army Hospital] to AWOL 5 Jan 67.  [memorandum for record] 17 Jan 67"
* "picked up by police, Spring Valley, NY, 15 Jan 67 for hitchhiking"
* "17 Jan 67, admit to [illegible] Hospital, [Canandaigua], NY"
* "[air evacuation] from [Canandaigua] to WAH 19 Jan 67, admitted to Ward 4B"
* "27 Jan 67, gave info to Capt M____ for SGT P____ for [memorandum for record] entries"



10.  A Standard Form 502 (Narrative Summary), dated 3 February 1967, shows:

* the applicant entered the hospital on 5 January 1967
* he was transferred to Walter Reed Army Medical Center 
* he was diagnosed with epilepsy, temporal lobe existed prior to service (EPTS)
* he met a medical evaluation board and was found unfit for further service due to a condition that was EPTS
* on 27 February 1967, he requested separation

11.  A DA Form 8-118 (Medical Board Proceedings), dated 8 March 1967, shows the applicant was initially admitted to Walson Army Hospital, Fort Dix, NJ, on 5 January 1967 and transferred to Walter Reed Army Medical Center on 3 February 1967.  The medical board:

* diagnosed him with epilepsy 
* recommended he be returned to duty for separation for an EPTS disability
* on 9 March 1967, the approval authority approved the findings and recommendation
* the applicant concurred

12.  Special Orders Number 72, Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, dated 13 March 1967, show his effective date of discharge as 14 March 1967.

13.  His DD Form 214 confirms he was honorably discharged on 14 March 1967.  He completed 2 months and 2 days of creditable active military service.

14.  Army Regulation 40-501 (Medical Services Standards of Medical Fitness), paragraph 2-26, states that all forms of generalized or partial epilepsy that have persisted beyond the age of 5 (unless the applicant has been free of seizures for a period of 5 years immediately preceding examination for military service while taking no medication for seizure control and has a normal electroencephalogram) is a cause for rejection.  Paragraph 3-30 states that, in general, epilepsy is disqualifying for retention unless the Soldier can be maintained free of clinical seizures of all types by nontoxic doses of medications.

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation provides that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  The following guidance for preparation of the DD Form 214, in effect at the time, directed for:

	a.  item 3a, enter the grade in which the enlisted Soldier was serving at time of separation, indicating whether permanent or temporary; and

	b.  item 3b, enter the date of rank.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his rank/grade as private/E-2 and a different discharge date was carefully considered.

2.  The applicant was discharged in accordance with Special Orders Number 72, dated 13 March 1967.  The evidence of record confirms the applicant's discharge processing was accomplished in accordance with the applicable regulation.  There is neither an error nor injustice with respect to his separation date.

3.  On 29 December 1966, the applicant enlisted in rank/grade of private/E-1 which is properly shown on his DD Form 214.  His AMHRR is void of documentation and he does not provide any documentation appointing him to the rank/grade of private/E-2.  There is neither an error nor an injustice with respect to his rank/grade.

4.  In view of the above, an insufficient evidentiary basis exists for granting the applicant's 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)                                         AR20120007908



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ABCMR Record of Proceedings (cont)                                         AR20120007908



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