IN THE CASE OF:	   

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140018391 


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 change his Separation Program Number (SPN) code from "375," indicating he was "injured not in service," to another SPN code that indicates he was "injured during active training."

2.  The applicant states he enlisted as a Reserve Soldier and was on active duty for training from the time he enlisted until the time of his discharge.  During a training exercise in basic combat training (BCT), he fell and shattered his right knee.  He was in the hospital for approximately 1 week.  Medical personnel informed him that his injury was not repairable or acceptable for active duty.  He was told he would be medically discharge with an honorable characterization of service.  Later, in 2008, he was approved for Department of Veterans Affairs (VA) assistance by the VA in Hawaii.  He has been medically covered by the VA for the last 6 years; however, he was asked to provide information pertaining to his discharge for no reason.  His disability happened during BCT.  Now they [the Army or the VA] picked him out of thousands of veterans to try to dissolve his benefits because, as he was recently informed, his DD Form 214 was incorrectly coded to show that his injury did not occur during his military service.  He is still disabled and would appreciate having his benefits reinstated and his DD Form 214 correctly coded.

3.  The applicant provides a self-authored statement dated 14 October 2014, his DD Form 214, and a letter from the VA dated 25 September 2014.

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 DD Form 4 (Enlistment Record – Armed Forces for the United States) shows he enlisted in the U.S. Army Reserve on 3 August 1966 in Albuquerque, NM, where he was initially assigned to the 313th Army Postal Unit.

3.  Letter Orders Number 080215, issued by Headquarters, 8th U.S. Army Corps, Austin, TX on 23 August 1966, ordered him to Active Duty for Training with a reporting date of not later than 1700 hours on 19 September 1966.  He was directed to report to the Reception Station, Fort Bliss, TX, to be further assigned to the U.S. Army Training Center, Fort Bliss, TX.

4.  His record contains a DD Form 220 (Active Duty Report), dated 21 September 1966, confirming he entered active duty on 19 September 1966.

5.  His record contains a DA Form 1049 (Personnel Action), dated 13 October 1966, which shows he requested he be discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph   5-9a(1)(a) (Discharge of personnel who did not meet procurement medical fitness standards) "because of a medical condition which would have permanently disqualified him from entry into military service had it been detected prior to 19 September 1966."  He affixed his signature to his personnel action.

6.  His record contains a DA Form 8-118 (Medical Board Proceedings), dated 
2 November 1966, showing:

* the applicant was present during the proceedings
* he was considered medically unfit due to his medical condition - torn right medial meniscus (torn cartilage, right knee)
* this condition was not occurred in the line of duty 
* this conditions existed prior to service (EPTS)
* the approximate date of origin for this condition was listed as 1964
* the condition was not aggravated by his military service 
* the Board recommended, by unanimous decision, that the applicant be separated from service for an EPTS condition under the provisions of Army Regulation 635-200, paragraph 5-9a(1)(a)
* the applicant initialed a block indicating he did not desire to continue on active duty 
* the findings and recommendations of the board were approved on 
4 November 1966
* the applicant affixed his signature to this form indicating he had been informed of the approved findings and recommendations of the board

7.  Letter Orders Number 11-195, issued by Headquarters, U.S. Army Air Defense Center, Fort Bliss, TX on 16 November 1966, directed his honorable discharge on 17 November 1966 and the issuance of the SPN code of "375" (Discharge because of not meeting medical fitness standards at the time of induction or enlistment). 

8.  His DD Form 214 confirms he was honorably discharged due to a physical disability on 17 November 1966, with the SPN code of "375."  His DD Form 214 also shows he completed 1 month and 27 days of net active service.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-9 (Discharge of personnel who did not meet procurement medical fitness standards) provides that 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 or active duty for training under the Reserve Enlistment Program of 1963 which would have permanently disqualified him for entry into the military service had it been detected at that time; and does not disqualify him for retention in the military service under the provisions of chapter 3, Army Regulation 40-501 (Standards of Medical Fitness).

10.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Appendix I (SPN and Authority Governing Separations) of the version in effect at the time provided that Soldiers who were discharged under the provisions of Army Regulation 635-200, chapter 5, section III would receive SPN code "375."
 
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant injured his knee in 1964, approximately 2 years before he entered military service.

2.  He requested to be discharged for an EPTS condition that would have prevented him from enlisting if it had been discovered previously, and after undergoing a medical board, the board discharged him for that same reason.

3.  His SPN code of 375 means he was discharged for not meeting medical fitness standards at time of his enlistment or induction.  This is the sole reason he requested discharge and the reason the medical board decided to discharge him.  The SPN code listed on his DD Form 214 is correct and accurately captures his reason for discharge.  Lacking evidence to the contrary, there is insufficient reason to justify changing his SPN code.

4.  The Department of the Army and the VA are two separate entitles and each entity operates under its own set of regulations, statutes, and other governing guidance.  The Army does not have any authority or impact on the VA's decision to grant, deny, rescind, or reinstate a veteran's benefits.

5.  The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for veterans or other benefits.  Every case is individually decided based upon its merits when an applicant requests a correction to his military records.

6.  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)                                         AR20140018391





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ABCMR Record of Proceedings (cont)                                         AR20140018391



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