BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20120018369
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 (Certificate of Release or Discharge from Active Duty) to show item 28 (Narrative Reason for Separation) as "disability" vice "discharge of personnel who did not meet procurement medical fitness standards."
2. The applicant states he was injured while he was in the Army. He fell down some stairs, went to the hospital, and then he was discharged. After he was out [of the Army], he had surgery at the Department of Veterans Affairs Hospital, Shreveport, LA. He has been on disability for over 30 years and had more surgery related to this injury.
3. The applicant provides his 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 applicants 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 applicants 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 records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 10 September 1979.
3. On 25 September 1979, he signed a Consent to Extension in the DEP form, wherein it stated he had been found temporarily disqualified for enlistment in the Regular Army (RA) because of a broken arm and he agreed to extend in the DEP for a period of 55 days. His new date for enlistment in the RA was 20 November 1979. He was discharged from the DEP on 16 October 1979.
4. On 17 October 1979, he requested to change his enlistment date to 17 October 1979 as he no longer had a medical disqualification.
5. He enlisted in the RA on 17 October 1979 and he was assigned to the U.S. Army Reception Station, Fort Jackson, SC, for further assignment to a basic training (BT) unit.
6. His records are void of the specific facts and circumstances surrounding his discharge processing. However, his records contain a DD Form 214 that shows he was honorably discharged on 19 December 1979 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-7c(2) by reason of discharge of personnel who did not meet procurement medical fitness standards. He completed 2 months and 3 days of net active service.
7. His DD Form 214 also shows his last duty assignment as the U.S. Army Reception Station, Fort Jackson, SC.
8. There is no evidence in his record that shows he was injured while serving on active duty, or treated and/or hospitalized for any injuries incurred while serving on active duty.
9. Army Regulation 635-200, paragraph 5-7c(2) of the version in effect at the time, stated members who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will be separated when medical proceedings, regardless of the date completed, establishes that a medical condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on active duty or active duty for training which does not qualify him for retention in the military service. Separation will accomplished within 72 hours following approval by the discharge authority and members who have not completed BT will be discharged.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record is void of the facts and circumstances surrounding the applicant's discharge processing. However, the DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 5-7c(2) while still assigned the Reception Station, Fort Jackson, SC. It appears that prior to being assigned to a BT unit, he was determined to have a medical condition that did not medically qualify him for enlistment in the RA under procurement medical fitness standards. According, discharge procedures were initiated against him.
2. There is no evidence in his available records and he has not provided any evidence that shows he was injured while on serving on active duty, or treated and/or hospitalized for any injuries incurred while serving on active duty
3. In the absence of evidence to the contrary, it is presumed his discharge processing was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.
4. His DD Form 214 properly shows the reason for his discharge as discharge of personnel who did not meet procurement medical fitness standards. This is the correct narrative reason for Soldiers discharged under the provisions of Army Regulation 635-200, paragraph 5-7c(2).
5. In view of the foregoing, there is an insufficient evidentiary basis 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 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) AR20120018369
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ABCMR Record of Proceedings (cont) AR20120018369
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