PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            21 March 2002
	DOCKET NUMBER:   AR2001063687

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his Standard Form (SF) 88 (Report of Medical Examination) dated 21 October 1969, be corrected to reflect his correct blood type, race, next of kin information and dental information.  He also requests that his report of separation (DD Form 214) be corrected to show that he entered active duty on 6 June 1967.  

3.  The applicant states, in effect, that his SF 88 incorrectly lists his race as “White” instead of his actual race of “Black”, that his next of kin was his father whose name was preceded with a “Mrs.” and indicates it is his mother.  He goes on to state that the form indicates that he had teeth missing, when in fact he had all of his teeth.  It also omits his hospitalization and the profile he was issued.  He further states that his blood type is “B Pos” and that he entered the service on 6 June 1967, yet his DD Form 214 indicates that his blood type is “O Pos” and that he entered the service on 6 September 1967.

4.  The applicant’s military records, though somewhat incomplete, show that he underwent a pre-induction physical on 7 June 1967 in Montgomery, Alabama.  The SF 88 issued at that time shows that he was a black male who had all of his teeth and a two-inch scar on his left leg.  His blood type was deemed to be “B Pos” and he was deemed medically qualified for induction.  However, because he had several incidents with civilian law enforcement agencies, a request for a moral waiver for induction was submitted.  The request was approved on 10 August 1967 and he was inducted on 6 September 1967.  He was transferred to Fort Benning, Georgia, to undergo his training.  

5.  He completed his basic training and was transferred to Fort Leonard Wood, Missouri, where he underwent advanced individual training (AIT) as a Pioneer.  While in AIT he received orders transferring him to Vietnam.  He then began a series of going absent without leave (AWOL), which resulted in his being convicted by at least two special court-martials.

6.  On 21 October 1969, he underwent a medical and physical examination for the purpose of discharge under the provisions of Army Regulation 635-212, for unfitness due to frequent involvement in incidents of a discreditable nature with civil and military authorities.  His SF 88 indicates that he was a white male, that his next of kin was his mother (using his father’s name preceded by a Mrs.), and that he had four teeth missing.  His DD Form 214, issued at the time of his discharge on 26 November 1969, shows that he entered active duty on 6 September 1969, and that his blood group was “O”.

7.  A review of the available dental records shows that he was examined in 1967 and 1969 and that there were at least three teeth missing at those times.  The records also contain x-rays to confirm the missing teeth.  His medical records show that the only time he was issued a profile was on 30 September 1968, while at Fort Benning, Georgia.  The profile was temporary (16 days) and was for an Epigastric hernia repair.

CONCLUSIONS:

1.  The Board concurs with the applicant’s contention that his SF 88 should reflect in block 8 (Race) that he is black instead of white and that his next of kin information should contain the surname of “Mr.” Instead of “Mrs.” and the designation should be “Father” instead of “Mother.”  The DD Form 214 should also reflect that his blood type is “B Pos” instead of “O.”

2.  However, the Board can find no evidence to support his contention that he had all of his teeth at the time of separation or that he entered the Army in June 1967 instead of September 1967.  Accordingly, there is no basis to change those entries.

3.  Inasmuch as medical documents require the signature of the examining physician at the time and since the errors are administrative in nature, the Board finds that the Board Proceedings in itself is sufficient to constitute the administrative changes directed in correcting the SF 88 dated 21 October 1969.  Accordingly, a copy of the proceedings will serve to document those changes (Race and Next of Kin information) to any parties that need clarification of those issues.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by placing a copy of the Board Proceedings in the records of the individual concerned to show that the SF 88 dated 21 October 1969 should reflect that he is a black male and that his next of kin information should show a surname of Mr., and a relationship of father.

	b.  by showing that the DD Form 214 dated 26 November 1969, reflects a Blood group of “B Pos.”

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__js  ____  __lds ___  __js_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001063687	
SUFFIX		
/RECON	YYYYMMDD	
DATE BOARDED	2002/03/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  269	124.0000/MED RCDS	
2.  189	110.0000/CORR 214	
3.		
4.		
5.		
6.