IN THE CASE OF:	   

		BOARD DATE:	  23 July 2013

		DOCKET NUMBER:  AR20120022952 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to:

* show in Item 6 (Date of Rank) the entry 21 March 1968
* delete from Item 30 (Remarks) the entry "Item 11c (Reason and Authority for Discharge):  Discharge because of not meeting medical fitness standards at the time of induction"

2.  The applicant states:

	a.  with respect to Item 6 of his DD Form 214 he was not serving in the Army on 21 March 1967; the correct date is 21 March 1968.

	b.  with respect to the Item 11c entry in Item 30, he underwent an induction physical that showed he was fit for duty.  On 30 January 1968, he was injured during his seventh week of basic training with trauma to his knee.  He was on a 26-mile forced march with his platoon.  They were getting close to his barracks when he stepped in a small trench-like hole.  He heard his right knee pop.  He reported the incident and reported to sick call the following morning for his knee and an upper respiratory infection and had x-rays taken of his chest and both knees.  The doctor found that he had trauma to his right knee and advised he 
could only remove his knee cap and fuse his knee leaving him with a stiff leg.  He opted not to have this done.  He was discharged on 21 March 1968.

	c.  He is trying to get help for the injury he sustained during basic training and needs his DD Form 214 to reflect this.

3.  The applicant provides:

* Standard Form (SF) 88 (Report of Medical Examination), back page
* SF 519 (Clinical Record-Radiographic Reports
* 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 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.  An SF 88, dated 21 November 1967, shows the applicant underwent a medical examination for induction into the Army of the United States.  A physical examination detected Heterophoria (eye condition-vertical eye misalignment) and noted no additional defects were discovered.  He was found qualified for induction.

3.  As such, on 21 November 1967, he was inducted into the Army of the United States in pay grade E-1.  He did not complete advanced individual training and he was not awarded a military occupational specialty.

4.  He provides a copy of an SF 519 that shows on 30 January 1968 he underwent an x-ray of his knee and he was diagnosed with trauma to his knee.

5.  On 30 January 1968, the applicant's unit commander recommended the applicant be separated from the service under the provisions of Army 635-200 
(Personnel Separations – Enlisted Personnel), chapter 5, with a Separation Program Number (SPN) of 375 for not meeting medical fitness standards at the time of induction.

6.  On 30 January 1968, the applicant requested to be discharged under the provisions of Army 635-200 (Personnel General - Enlisted Separations), chapter 5, paragraph 5-9.  He stated that at the time of his induction into the service he did not meet the applicable medical fitness standards for induction in effect at the time.

7.  His discharge packet contains a DA Form 3081-R (Periodic Medical Examination), dated 21 March 1968, wherein he states on 5 February 1968, he underwent a medical examination in conjunction with discharge and that to the best of his knowledge there had been no significant change in his medical condition since that examination.

8.  On 21 March 1968, he was honorably discharged from active duty in pay grade E-2.  He completed 4 months of net active service with no time lost.  His DD Form 214 shows in:

* Item 6 the entry 21 March 1967
* Item 11c - Army Regulation 635-200, chapter 5, SPN 375
* Item 30 – Item 11c:  Discharge because of not meeting medical fitness standards at the time of induction

9.  The SPN Code Definitions Instruction Sheet stated SPN 375 was the code to be used for separation for the following reason, "Discharge because of not meeting medical fitness standards at the time of enlistment."

10.  Army Regulation 635-200, chapter 5, in effect at the time, set forth the conditions under which enlisted personnel could be discharged for the convenience of the Government.  

	a.  Paragraph 5-9 specifically provided that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for induction or initial enlistment would be discharged when a medical board, regardless of the date completed, established that a medical condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on active duty which:

		(1)  Would have permanently disqualified the member for entry into the military service had it been detected at that time, and

		(2)  Did not disqualify the member for retention in the military under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.

	b.  Separation would be accomplished within 72 hours following approval by the discharge authority.  Authority for discharge is Army Regulation 635-200, paragraph 5-9 and SPN 375 would be included in directives or orders directing the individual to report to the appropriate transfer activity.

DISCUSSION AND CONCLUSIONS:

1.  With respect to Item 6 of his DD Form 214, the evidence of record shows the applicant was inducted into the Army of the United States on 21 November 1967. His record is void of the actual date of his advancement to pay grade E-2; however, it would not have been on 21 March 1967, a date before his entry on active duty.  It appears he was advanced to pay grade E-2 on or before 21 March 1968.  Therefore, as a matter of equity and convenience Item 6 of his DD Form 214 should be corrected to show the entry "21 March 1968."

2.  With respect to the deletion of the Item 11c entry in Item 30 of his DD Form 214, the applicant's contention and supporting documents were carefully considered.

3.  Although he underwent a medical examination and he was found qualified for induction into the Army of the United States it appears that during basic training he was determined not to meet medical fitness standards for a medical condition(s) that would have prevented his successful and safe completion of basic training.

4.  On 30 January 1968, the applicant's unit commander recommended the applicant be separated from the service under the provisions of Army 635-200 chapter 5, with an SPN of 375.  On the same day, the applicant requested to be discharged under the provisions of Army 635-200, chapter 5, paragraph 5-9, and stated that at the time of his induction into the service he felt he did not meet the applicable medical fitness standards for induction in effect at the time.  On
21 March 1968, he was discharged accordingly.  

5.  By his own admission, he believed he did not meet those standards at the time of his induction.  After the passage of 45 years, it can only be presumed that he was properly discharged in accordance with the regulations in effect at the time.  

6.  There is no evidence of record and the applicant did not provide any evidence that supports his contention that the Item 11c entry in Item 30 of his DD Form 214 is incorrect.

7.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from Item 6 of the applicant DD Form 214 the current entry and replacing it with the entry "21 Mar 68."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to deleting from Item 30 of his 
DD Form 214 the entry "  Item 11c:  Discharge because of not meeting medical fitness standards at time of induction.



      ____________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)                                         AR20120022952



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ABCMR Record of Proceedings (cont)                                         AR20120022952



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