IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140012472
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 he was honorably discharged from active duty after basic training and correction of his record to show he received a medical separation from the New Hampshire Army National Guard (NHARNG) while he was in an inactive duty status.
2. The applicant states he was discharged from the NHARNG on 20 March 1967 due to a medical condition from which he had been suffering from for approximately 1 year. He was "Refused paperwork to confirm [his medical condition]." The military was unjust and he is entitled to compensation.
3. The applicant provides no additional evidence.
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's record contains a Standard Form (SF) 88 (Report of Medical Examination) and an SF 89 (Report of Medical History), dated 10 September 1962. These forms show he received a physical in conjunction with his enlistment, and no disabilities or complaints were noted at the time of his physical. He was found acceptable/qualified for military service.
3. On 12 September 1962, he enlisted in the NHARNG for a period of 3 years.
4. On 27 October 1962, he entered active duty for training (basic training and advanced individual training). He completed the training requirements and he was awarded military occupational specialty 716 (Personnel Administration Specialist).
5. His record contains an SF 88 and an SF 89, which show he received a separation physical examination on 3 April 1963 and he was in good health and medically qualified for separation/release from active duty.
6. His DD Form 214 shows on 26 April 1963, he was honorably released from active duty and transferred to the NHARNG upon expiration of his term of service. He completed 6 months of net active service.
7. His record does not contain any medical records or other documents that indicate he was diagnosed with a medical condition that warranted entry into the Physical Disability Evaluation System (PDES).
8. His record is also void of the specific facts and circumstances surrounding his service in and/or discharge or release from the NHARNG.
9. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides guidance on processing through the PDES, which includes the convening of an Medical Evaluation Board (MEB) to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status. If the MEB determines a Soldier does not meet retention standards, the case will be referred to a Physical Evaluation Board (PEB). The PEB evaluates all cases of physical disability equitably for the Soldier and the Army. It also investigates the nature, cause, degree of severity, and probable permanency of the disability of Soldiers whose cases are referred to the board. It evaluates the physical condition of the Soldier against the physical requirements of the Soldier's particular office, grade, rank, or rating. Finally, it makes findings and recommendations required by law to establish the eligibility of a Soldier to be separated or retired because of physical disability.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 already shows he was honorably released from active duty. Therefore, no corrective action is required.
2. His record is void of the specific facts and circumstances surrounding his service in and/or discharge or release from the NHARNG.
3. His records do not contain any evidence that he was diagnosed with a medical condition that warranted disposition through the PDES or that he is entitled to any type of compensation.
4. Based on the foregoing, there is insufficient evidence to grant the 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) AR20140012472
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ABCMR Record of Proceedings (cont) AR20140012472
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