IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140008793
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 (Report of Separation from Active Duty) to show he was medically discharged.
2. The applicant states he was told that he was medically discharged because he was injured in basic training. He wants his DD Form 214 to show this.
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 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. On 13 June 1975, the applicant enlisted in the Regular Army. He did not complete basic training.
3. A DA Form 2496 (Disposition Form), dated 10 July 1975, shows the applicant requested discharge under the provisions of paragraph 5-9, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), and paragraph 2-15(o), Army Regulation 40-501 (Standards of Medical Fitness) for physical reasons which existed prior to his enlistment in the Army. He stated he had kidney problems which were known to him for approximately 8 years prior to his enlistment in the Army.
4. A DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated 11 July 1975, shows the applicant was medically fit for further military service in accordance with current medical fitness standards. It further shows he had the following medical conditions and/or physical defects: "cicatrix, painful, secondary to left pyeloplasty performed 8 years ago." The form shows that in nontechnical language the applicant had a "painful scar at site of left surgery at pelvis of kidney." The board unanimously recommended that the patient be separated for a condition existing prior to service under the provisions of paragraph 5-9, Army Regulation 635-200. This form further shows he was informed of the medical findings and he indicated with his signature that he agreed with the board's action.
5. On 18 July 1975, he was honorably discharged from active duty under the provisions of Army Regulation 635-200, paragraph 5-9.
6. His DD Form 214 shows he completed 1 month and 6 days of active service. It further shows in item 9c (Authority and Reason) "para 5-9 AR 635-200 SPD JFT." Separation Program Designator JFT denoted "failure to meet established physical standards (no disability)."
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-9 states individuals who were not medically qualified under procurement medical fitness standards when accepted for induction or initial enlistment will be discharged when a medical board, 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 which:
* would have permanently disqualified him for entry into the military service had it been detected at that time
* does not disqualify him for retention in the military service under the provisions of chapter 3, Army Regulation 40-501
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not support the applicant's request for correction of his record to show he was medically discharged.
2. The ABCMR does not grant requests for correction to discharges solely for the purpose of making an applicant eligible for veteran's benefits. Each case is individually decided based upon its merits when an applicant requests a change in his or her discharge.
3. His record shows he requested discharge under the provisions of paragraph 5-9 of Army Regulation 635-200 due to kidney problems known to him for approximately 8 years prior to his enlistment in the Army. An MEB determined he was medically fit for further military service in accordance with current medical fitness standards. The MEB recommended his discharge due to the preexisting medical condition, a painful scar.
4. The available record does not contain any evidence and the applicant has not provided any evidence that show errors in his separation processing. The Board starts its consideration with a presumption of regularity that what the Army did was correct. The burden of proving otherwise is the responsibility of the applicant. Therefore, it is presumed that in the absence of such evidence, what the Army did was correct and that there is no basis for correcting his record to show he was discharged due to an injury incurred in basic training.
5. In view of the foregoing, there is an insufficient basis for granting the relief he requests.
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) AR20140008793
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