IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150000231
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 his DD Form 214 (Report of Transfer or Discharge) be changed to show he received a medical discharge and his discharge date be changed.
2. The applicant states he met the medical fitness standards at the time of enlistment and he completed training. On 23 October 2008, he submitted a request for correction of his DD Form 214 to show he received a medical discharge but he never received a response.
3. The applicant does not provide any 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. In reference to the applicants request for correction of his DD Form 214 to show he received a medical discharge, he states he submitted this request on 23 October 2008, and he did not receive a response. However, this issue was considered by the ABCMR on 7 July 2009 in Docket Number AR20080018595 and was denied. He has not provided any new evidence or argument with this request. A copy of the ABCMR proceedings will be provided to the applicant. As a result, his request for correction of his records to show he received a medical discharge will not be discussed further in this Record of Proceedings.
3. He enlisted in the Regular Army on 1 April 1970. He completed basic training but did not complete advanced individual training and was not awarded a military occupational specialty.
4. On 12 August 1970 the applicant signed a DA Form 2496-1 (Disposition Form) wherein he acknowledged that he had been found to have been erroneously inducted because he did not meet procurement physical standards. He requested separation and indicated he did not desire to complete his term of enlistment.
5. On 21 September 1970, his request for separation was approved.
6. Special Order Number 206, issued by Headquarters, Fort Sam Houston, Fort Sam Houston, TX, dated 24 September 1970, shows he was honorably discharged for failure to meet medical standards at time of enlistment. His effective date of discharge was 25 September 1970.
7. The DD Form 214 issued to him at the time shows he was discharged on 25 September 1970 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 5, section III for not meeting procurement medical fitness standards at the time of enlistment.
8. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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:
1. The applicants request that his discharge date be changed was considered and found to be without merit.
2. His discharge orders confirm the date of his discharge was 25 September 1970. Therefore, it appears the date of discharge shown on his DD Form 214 is correct.
3. He failed to provide evidence showing he was discharged on a different date.
As a result, there is no basis for granting 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) AR20150000231
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ABCMR Record of Proceedings (cont) AR20150000231
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