IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150004109 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 the reason and authority for his separation on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was discharged due to service-connected disability. 2. The applicant states he met Army medical fitness standards at the time of his enlistment. He sustained an inguinal hernia during basic training which was the reason he was discharged. He subsequently received service-connected disability from the Department of Veterans Affairs (VA) for an inguinal hernia. 3. The applicant provides: * DD Form 214 * Standard Form (SF) 88 (Report of Medical Examination) * SF 99 (Report of Medical History) * a letter from the VA, dated 13 October 1970 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 record contains an SF 88 showing he was examined on 18 December 1967, in conjunction with his enlistment. Item 31 (Abdomen and Viscera (including hernia)) of this form is marked "normal." Item 77 (Examinee) of this form shows he was qualified for enlistment in the Army. 3. On 3 January 1968, he enlisted in the Regular Army. He did not complete basic training. 4. His record contains a memorandum, authenticated by the applicant, dated 7 February 1968, in which the applicant requested discharge from military service and stated he felt he was erroneously enlisted since he did not meet medical fitness standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness). 5. His record does not contain a copy of his medical board proceedings. 6. Special Orders Numbers 44, issued by Headquarters, Fort Campbell, KY, dated 20 February 1968, discharged him effective 23 February 1968 for not meeting medical fitness standards at the time of enlistment. 7. His DD Form 214 shows he was honorably discharged on 23 February 1968, under the provisions of paragraph 5-9, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations). He was issued a separation program number of 375 and discharged due to failing to meet medical fitness standards at the time of his enlistment. This form shows he completed 1 month and 21 days of active service. 8. He provides a VA letter, dated 13 October 1970, indicating he was rated as less than 10-percent service-connected disabled for a right inguinal hernia. 9. Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Paragraph 5-9, in effect at the time, provided for the discharge of personnel who did not meet the medical fitness standards for enlistment. Specified commanders were authorized to order discharge of individuals who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment. Eligibility for discharge was governed by the following: a. A medical board finding that the individual had a medical condition which would have permanently disqualified him for entry in the military service had it been detected at that time but did not disqualify him from retention in the military service under the provisions of Army Regulation 40-501, chapter 3. b. A request for discharge would be submitted by the individual to his unit commander within 4 months from the date of initial entry on active duty. 10. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention is noted. His records show he was discharged under the provisions of Army Regulation 635-200, paragraph 5-9, because of not meeting medical fitness standards at the time of his enlistment. 2. A memorandum completed in conjunction with his separation shows he voluntarily requested discharge for physical reasons which existed prior to his enlistment in the Army. 3. There is no evidence he incurred an injury or other medical conditions during his military service which would have warranted a different reason for separation. His records contain no indication of procedural or other errors that would have jeopardized his rights. 4. The Board begins its consideration with a presumption of regularity that what the Army did was correct. The burden of proving otherwise is the responsibility of the applicant. Therefore, it is presumed that the reason for discharge shown on his DD Form 214 is correct and he was properly discharged. 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) AR20150004109 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004109 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1