BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015317 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 BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015317 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. BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015317 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 his character of service as honorable and amendment of his separation program number (SPN). He also requests credit for time served. 2. The applicant states he was inducted into the military on 24 January 1969. He received his induction physical at the same time and he met military physical standards. There was no evidence the examining staff did not use military criteria. His lumbar problems occurred during physical training. He was examined and he returned to duty. Since this issue was chronic, he was evaluated for separation by the unit staff. There was no medical board. This decision negated his service. 3. The applicant provides a copy of his DD Form 214. 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 Standard Form 89 (Report of Medical History) shows he underwent an induction physical examination on 22 January 1969. He reported his present health was "Fair" and he had back and stomach trouble. The examining physician noted he had back strain and muscle strain. 3. He was inducted into the Army of the United States on 24 January 1969. His DD Form 47 (Record of Induction), dated 24 January 1969, shows he underwent a complete medical and mental examination and was found acceptable for induction into the Armed Forces. 4. On 7 February 1969, he was evaluated by the William Beaumont General Hospital Orthopedic Clinic. He reported he suffered a mild injury to his lower back 5 months earlier (existed prior to service). The examining physician determined the applicant had chronic back strain which should have precluded his induction and made his induction erroneous under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), change 4, paragraph 5-9-1. 5. His Standard Form 88 (Report of Medical Examination) shows he underwent a separation physical examination on 11 February 1969 and was found not qualified for induction and did not meet procurement medical fitness standards at time of entry on active duty. Block 38 (Spine, Other Musculoskeletal) was rated abnormal with chronic back strain noted by the examining physician. 6. On 28 February 1969, he was released from military control by reason of a void induction under the provisions of Army Regulation 635-200. He completed 1 month and 5 days of total active service. 7. His DD Form 214 shows in: * item 11c (Reason and Authority) – Army Regulation 635-200, SPN 376, Voidance of Induction * item 13a (Character of Service) – Honorable * item 22a(1) (Net Service This Period) – 1 month and 5 days 8. There is no evidence showing he served on active duty after 28 February 1969. REFERENCES: 1. Army Regulation 635-200, paragraph 5-9-1 (Inductees Who Did Not Meet the Medical Fitness Standards at the Time of Induction), in effect at the time, stated individuals inducted in the Army who, at the time, did not meet the medical fitness standards for induction would be released from custody and control of the Army by virtue of a void induction. 2. Army Regulation 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), Appendix II (Revised Enlisted SPNs and Definitions), in effect at the time, shows SPN 376 represented release from military control (void induction) because of not meeting medical fitness standards at time of induction. DISCUSSION: 1. The applicant's request for amendment of his SPN was carefully considered. The evidence of record confirms he was released from military control (void induction) because of not meeting medical fitness standards at the time of his induction. The SPN associated with this type of discharge is 376. His DD Form 214 shows he was assigned SPN 376. 2. He contends his discharge should be honorable. His DD Form 214 shows his character of service as honorable. 3. He further contends he should be given credit for time served. His DD Form 214 shows he was credited with 1 month and 5 days of creditable active service from 24 January 1969 to 28 February 1969. There is no evidence of record and he provided no evidence showing he served on active duty after 28 February 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015317 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015317 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2