IN THE CASE OF:
BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140015258
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 Item 8 (Reason and Authority for Separation) on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states:
a. item 8 of his DD Form 214 incorrectly shows he was discharged from active duty by reason of "medical disqualification [existed prior to entry (EPTE)] on active service and not aggravated by military service"; and
b. information from hospital admission cards and the Office of the Surgeon General shows a second diagnosis type previously recorded did not EPTE on active military service (schizophrenic reaction, latent, 100 percent separation).
3. The applicant provides a document titled "Information from The Hospital Admission Cards Created by the Office of the Surgeon General Department of the Army (1942-1945) and (1950-1954) Information for the Year 1950."
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records could not be located, and are presumed to have been destroyed at the fire at the records repository at St. Louis, Missouri, in 1973. The information contained herein was derived from his DD Form 214 and the document submitted by the applicant.
3. The applicant was inducted into the Army of the United States, entered active duty on 1 June 1953, and served until he was honorably discharged on 6 November 1953. The DD Form 214 issued him shows he completed 5 months and 6 days of creditable active duty service.
4. Item 8 of his DD Form 214 shows he was discharged under the provisions of Special Regulation 600-450-10, by reason of "medical disqualification EPTE."
Item 38 (Remarks) includes a continuation entry from item 8 and it shows "For Medical Disqualification existing prior to entry on Active Service and not Aggravated by Mil Svc."
5. The applicant provides information from the hospital admissions cards created 25 May 2005 by the Office of the Surgeon General, Department of the Army. The report, commonly referred to as the "SGO Files" includes the following information:
a. First Diagnosis the applicant was admitted to a treatment facility in Oregon in September 1953 and was diagnosed with "schizophrenic reaction, latent," which existed prior to entry on active military service (EPTS); and
b. Second Diagnosis does not include a second diagnosis and includes the entries "no entry made" and "previously recorded, not EPTS."
6. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that administrative regularity.
7. SR 615-360-40, Enlisted Personnel, Change 1, dated 23 February 1951, states that the following individuals who are physically or mentally disabled for military service will be processed in accordance with the provisions of SR 600-450-10:
(1) Those whose physical or mental defects did not exist, or cannot be clearly determined to have existed, prior to entry on their present period of active service.
(2) Those whose physical or mental defects were incurred in line of duty during prior active service.
(3) Those whose physical or mental defects may have been aggravated by active service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the reason for his discharge from active duty should be changed to show his schizophrenic diagnosis did not EPTE. There is insufficient evidence to support this claim.
2. His record is void of a separation packet that contains the specific facts and circumstances surrounding his separation processing for his active duty service. However, the record contains a properly-constituted DD Form 214 that shows he was discharged under the provisions of Army Regulation 600-450-10 by reason of "Medical Disqualification EPTE." This document carries with it a presumption of government regularity in the discharge process. In the absence of evidence to the contrary it is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
3. As such, there is no basis for granting the applicants 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) AR20140015258
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015258
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