IN THE CASE OF:  

		BOARD DATE:  4 August 2015	  

		DOCKET NUMBER:  AR20140020046 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show he was honorably discharged for medical reasons vice honorably discharged.

2.  The applicant states his DD Form 214 does not indicate that he was medically discharged due to a problem with his back that was incurred during annual training.  He needs this corrected to qualify for a Department of Veterans Affairs (VA) loan.  His DD Form 214 needs to show that he was given an honorable discharge for medical reasons just 6 months shy of completion of his 6-year service obligation in the U.S. Army Reserve (USAR).

3.  The applicant provides:

* his DD Form 214
* an email from the VA, dated 30 June 2014
* a letter from the National Personnel Records Center, dated 23 June 2014
* three Standard Forms (SF) 88 (Report of Medical Examination)
* three SFs 89/93 (Report of Medical History)
* SF 608 (Health Record - Dental), dated 21 April 1969

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 provides and his records contain an SF 88, dated 24 September 1968, wherein it shows he underwent a medical examination on that date and was found medically qualified for enlistment in the USAR.

3.  He enlisted in the USAR on 16 October 1968 and he was assigned to Company A, 3rd Battalion, 16th Infantry, USAR, Roslindale, MA.

4.  He entered initial active duty for training (ADT) on 16 April 1969 and he was assigned to Fort Dix, NJ, for basic combat training (BCT) and advanced individual training (AIT).  He successfully completed BCT and AIT and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

5.  The applicant provides and his records contain an SF 88, dated 30 July 1969, wherein it shows he underwent a medical examination on that date and was found medically qualified to be released from active duty.  Item 76a (Physical Profile) of this form shows his PULHES was 1-1-1-1-1-1.

6.  Special Orders Number 234, dated 22 August 1969, issued by Headquarters (HQ), U.S. Army Personnel Center, Fort Dix, released him from ADT not by reason of physical disability effective 23 August 1969. 

7.  The DD Form 214 he was issued shows he was honorably released from active duty on 23 August 1969 to the control of his USAR unit.  He completed 4 months and 8 days of creditable active service during this period of service.

8.  The applicant provides and his records contain an SF 88, dated 14 October 1973, wherein it shows:

	a.  He underwent a medical examination on that date.  The examining physician noted the applicant had a history of low back strain and residual problems that were controlled with medication, exercise, and a back board.  He was to see an orthopedic surgeon for evaluation of possible separation.  He was subsequently found not medically qualified for retention in the USAR.  Item 76a of this form shows his PULHES was 1-4-1-1-1-1.
	b.  On 20 January 1974, this form was annotated to show the Office of the Surgeon, HQ, 94th Army Reserve Command, found the applicant was medically disqualified for retention in the USAR.

9.  Letter Orders Number 2-1132, dated 8 February 1974, issued by HQ, First U.S. Army, Fort Meade, MD, honorably discharged him from the USAR on 8 February 1974, by reason of medical disqualification.

10.  Army Regulation 635-5 (Separation Documents) 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.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant was honorably released from ADT on 23 August 1969 to the control of the USAR not by reason of physical disability.  The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  While he may have been discharged from the USAR on 8 February 1974 by reason of medical disqualification, there are no provisions to change entries on the DD Form 214 when conditions may have changed after a Soldier's release from ADT.  Therefore, there is no basis for granting the applicant's 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)                                         AR20140020046





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ABCMR Record of Proceedings (cont)                                         AR20140020046



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