IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150003713 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150003713 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150003713 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 records to show he was medically discharged. 2. The applicant states: a. While in the service he was hospitalized with a rash and high fever and placed in quarantine. After he was discharged (from the hospital) he was seen by a psychiatrist and diagnosed with paranoid schizophrenia. Three days later, his drill sergeant told him he was being shipped home and not to ask any questions or he wouldn't get airfare. b. He suffered chest pains when he got home and went to a heart specialist at the Department of Veterans Affairs. He had a chest x-ray before entering the service and there were no signs of any heart issues. The doctor thought his condition was tuberculosis or rheumatic fever and concluded his condition was contracted while he was serving in the military. The condition was calcification of the pericardium which required heart surgery to remove part of his pericardium. This condition compounded all the other medical problems he experienced throughout his life. c. His request for a medical discharge has been pending since the late 1970's. The American Legion represented him in one hearing and he represented himself in another hearing. He was denied the status change at these hearings. 3. The applicant provides a letter from his Congressional representative, dated 14 January 2015. 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 enlisted in the Regular Army on 17 June 1977 for a period of 3 years. 3. The U.S. Army Training and Doctrine Command Form 871-R (Trainee Discharge Program (TDP) Counseling), dated 9 August 1977, shows he was counseled as follows: a. on 29 June 1977, for his regular attendance on sick call, homesickness, and being overweight; b. on 7 July 1977, for being emotionally distraught and mentally depressed over his inability to get along with his peers and what he felt was harassment. His personality was unstable, he was extremely immature, and he lacked self-confidence. He did not appear to be willing to accept assistance from peers or supervisors; c. on 9 July 1977, for being unprepared for inspection. He claimed no one would help him prepare and he was extremely nervous. He blamed himself for the death of a younger brother and felt guilty for family problems. He failed all but one event of the diagnostic physical fitness test. He gained 10 pounds in a 3-week period. He appeared to eat to compensate for emotional stability; d. on 19 July 1977, for failing to comply with simple instructions on dining facility procedure, displaying continued immaturity, being oblivious to the simplest responsibilities, and being unresponsive unless under constant supervision, ant then only marginally; e. on 30 July 1977, for failing to maintain his M-16 on his person as required while in field training; f. on 1 August 1977, for lacking military bearing and motivation and desire to learn in spite of constant corrections and counseling. He maintained a persecution complex. He refused to communicate concerning his performance. He had no physical agility or manual dexterity. His personal appearance was poor and he put forth no individual effort. He failed to progress in weight control; and g. on 2 August 1977, for being evaluated as immature and unable to accept responsibility of any kind. He claimed he could not adjust to military life. He said he tried hard but just can't seem to do anything right. 4. On 2 August 1977, he underwent a command-referred mental evaluation at the Community Mental Health Activity. The behavioral science specialist recommended sending him to "STC" for rehabilitation and, if unsuccessful, consideration for administrative action deemed appropriate by his command. 5. On 9 August 1977, he was notified of his pending separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-39 (Trainee Discharge Program (TDP)). The commander stated the reason for the proposed action was the applicant could not meet the minimum standards prescribed for successful completion of training because of a lack of aptitude, ability, and motivation or self-discipline. 6. On 9 August 1977, he acknowledged notification of the proposed honorable discharge. He waived his rights and elected not to make a statement in his own behalf. He also elected not to have a separation medical examination. 7. On 18 August 1977, the separation authority approved the recommendation for separation under the TDP with an honorable discharge. 8. On 23 August 1977, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-39. He completed 2 months and 7 days of creditable active service. 9. There is no evidence showing he was diagnosed with any mental health or medical condition prior to his discharge. 10. There is no evidence showing he petitioned the Army Discharge Review Board for a medical discharge. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army. Paragraph 5-39 in effect at the time governed the TDP. It provided for the separation of service members who lacked the necessary motivation, discipline, ability, or aptitude to become productive Soldiers or who failed to respond to formal counseling. a. The service member must have: * voluntarily enlisted * been in basic, advanced individual, on-the-job, or service school training prior to award of a military occupational specialty * not completed more than 179 days of active duty on their current enlistment by the date of separation b. Soldiers could be separated when they demonstrated that they: * were not qualified for retention due to failure to adapt socially or emotionally to military life * could not meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline; or demonstrated character and behavior characteristics not compatible with satisfactory continued service 2. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. The unfitness must be of such a degree that a Soldier is unable to perform the duties of his or her office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his or her employment on active duty. 3. Title 10, U.S. Code, chapter 61, provides for disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade, or rating because of disability incurred while entitled to basic pay. DISCUSSION: 1. The applicant contends he should have been medically discharged. 2. The evidence of record shows he was administratively separated for TDP. 3. On 9 August 1977, he elected not to have a separation medical examination. There is no medical evidence of record showing he was diagnosed with any type of mental health or medical condition prior to his discharge on 23 August 1977. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150003713 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2