BOARD DATE:    29 May 2014

		DOCKET NUMBER:  AR20130015370 


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 reconsideration of his earlier request for correction of his military records to show he received a medical discharge with a 100% disability rating.

2.  The applicant states that he should have received a medical discharge with a 100% disability rating.  The Department of Veterans Affairs (VA) has denied him any rating or service-connection for his herniopathy and neuropathy.  This injustice has lasted for 34 years. 

3.  The applicant provides copies of his:

* DD Form 214 (Report of Separation from Active Duty)
* a 13 May 2013 VA letter forwarding a 27 September 1979 VA Rating Decision
* A page from Air Force Board for Correction of Military Records (AFBCMR) 98-02347 
* page 2 of a Social Security Statement, Earnings Record printed 7 August 2013
* VA Form 21-4138 (Statement in Support of Claim), dated 7 August 2013
* VA Radiology Reports, VA Problem Lists, and VA Progress Notes, dated 15 August 2013
* internet print-out of pages from Title 10, U.S. Code, Section 1204


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120011250 on 3 January 2013.

2.  The applicant provided new evidence which was not previously considered and warrants consideration by the Board.

3.  The original Record of Proceedings stated:

	a.  The applicant enlisted in the Regular Army on 12 September 1975. 

	b.  On 9 October 1975, the applicant’s commander notified him that he was initiating action to discharge him from the service under the provisions of Department of the Army (DA) message date time group (DTG) 011510Z August 1973 and the Trainee Discharge Program (TDP).  He cited as the basis for his recommendation that the applicant did not have the motivation and discipline necessary to be a Soldier, that he had not been able to adjust to military life, that his attitude was not conducive to a military training environment, and that he exhibited no desire to learn the required skills necessary to become a productive Soldier. 

	c.  The applicant declined the opportunity to consult with counsel, declined a separation medical examination, and elected not to make a statement in his own behalf.

	d.  On 14 October 1975, the appropriate authority approved the recommendation for discharge and directed that he be furnished an Honorable Discharge Certificate.

	e.  Accordingly, he was honorably discharged on 20 October 1975 under the provisions of DA Message DTG 011510Z August 73 and the TDP.  He had served 1 month and 9 days of active service and was issued a SPD Code of “JNF” which represents the TDP and a Reenlistment Code of “3.”

	f.  The applicant applied to the Enlistment Eligibility Activity (EEA) in St Louis, Missouri in 1981 for a waiver of his RE Code in order to reenlist and his request was denied.

	g.  DA Message DTG 011510Z August 1973, subject: Evaluation and Discharge of Enlistees before 180 Active Duty Days, established the TDP.  It provided the criteria for the separation of personnel under the TDP who lacked the necessary motivation, discipline, ability, or aptitude to become a productive Soldier.  It states, in pertinent part, that commanders may expeditiously discharge members of the Regular Army, Army National Guard or U.S. Army Reserve who have completed 179 days or less of active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life.  Commanders were authorized to issue either an Honorable or General Discharge and the separation code for discharge under the TDP was "JNF."  The appropriate RE Code to be assigned to individuals discharged with a separation code of "JNF" is a "3."  Under today's standards, individuals discharged with less than 180 days of active duty service will receive a discharge with "UNCHARACTERIZED" service.  

4.  His medical records are not available.

5.  The applicant provided:  

	a.  a 13 May 2013 VA letter forwarding a 27 September 1979 VA Rating Decision denying him service-connection for his nervous condition and hernia condition.

	b.  VA Radiology Reports, VA Problem Lists, and VA Problem Lists, dated 
15 August 2013, relating to conditions with his liver, hernia, and lists of his medications. 

	c.  An internet print-out of pages from Title 10, U.S. Code, Section 1204, Members on active duty for 30 days or less.

6.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides that the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the member may reasonably be expected to perform because of his or her office, rank, grade or rating.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence submitted with his application or in the evidence of record that suggests that the applicant was deemed medically unfit for retention or separation or that his discharge was related to his medical condition.  Additionally, the applicant declined a separation physical at the time of his discharge.

2.  The applicant's new evidence was noted; however, it is not sufficient to merit granting his 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120011250, dated 3 January 2013.



      ___________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)                                         AR20110023350



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ABCMR Record of Proceedings (cont)                                         AR20130015370



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