IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120020255
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 block 13b "Type of Certificate Issued" on his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed from "None" to "Medically Retired."
2. He states his DD Form 214 shows that there was no certificate issued.
3. He provides his DD Form 214, Honorable Discharge Certificate, and page 7 of Chapter 2 "Your Eligibility."
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 was inducted into the Army of the United States (AUS) on
22 September 1965. He was trained in and awarded military occupational specialty 13A (Field Artillery Basic). He served in Vietnam from 28 May 1966 to 23 June 1967.
3. On 24 June 1967, he underwent a medical examination for the purpose of separation in which he stated he was in "fair" health. The physician determined he was qualified for separation.
4. The applicants DD Form 214 shows he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) on 26 June 1967. Item 11c (Reason and Authority) of this form is listed as Section VII, chapter 5, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) with a separation program number (SPN) of "411." Additionally, Item 13b shows "None" as the type of certificate issued.
5. On 7 July 1968, he was honorably discharged from the AUS.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Section VII, chapter 5, in effect at the time and in pertinent part, provides for the separation of overseas returnees.
7. Army Regulation 635-5 (Personnel Separations) establishes standardized procedures for preparation and distribution of the DD Form 214. The regulation states, in pertinent part, to enter in block 13b the form number of the certificate issued. In cases where no formal certificate is authorized to be issued, enter "None."
8. Appendix A (SPN and Authority Governing Separations) of Army Regulation 635-5 provided for SPN and corresponding reason for separation/discharge. The SPN (later renamed Separation Program Designator Codes) are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPN "411" was the correct code for the early separation of overseas returnees.
9. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) states that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. When a Soldier is being processed for separation for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the Soldier is scheduled for separation is an indication the individual is fit.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was transferred to the USAR on 26 June 1967 after returning from Vietnam. At the time of his release, he was not issued a formal certificate. He was not discharged from the AUS until 7 July 1968. Therefore, his DD Form 214 is correct as constituted.
2. The evidence further shows that on 24 June 1967 he underwent a medical examination in which he was medically cleared for separation. There is no evidence in his available record and he has provided no evidence to show he was physically unfit to perform his duties at the time of separation.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120020255
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ABCMR Record of Proceedings (cont) AR20120020255
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