IN THE CASE OF: BOARD DATE: 4 October 2016 DOCKET NUMBER: AR20150013991 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: 4 October 2016 DOCKET NUMBER: AR20150013991 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: 4 October 2016 DOCKET NUMBER: AR20150013991 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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show he was discharged due to a medical condition. 2. The applicant states he was diagnosed with asthma, but he was able to pass the initial physical and went to basic training. He served for 1 month and 14 days, but once the Army realized he was asthmatic, they discharged him. 3. The applicant provides no 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. The applicant enlisted in the Regular Army on 17 June 1975. 3. The complete facts and circumstances of the applicant’s discharge are not available for review with this case. However, his record contains DA Form 3947 (Medical Board Proceedings), dated 23 July 1975, wherein he was found to have a condition (asthma) which existed prior to his entry on active service (EPTS). a. On 24 July 1975, the medical boardunanimously recommended the applicant be returned to duty for separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). b. On 25 July 1975, the applicant acknowledged that he had been advised of the findings and recommendation of the medical board and he agreed with the medical board's actions. He lined through and initialed the statement on the DA Form 3947 that would have indicated his desire to appeal the board's findings. 4. His record contains Fort Polk Form 195, which shows he declined a separate document explaining the narrative reason for his separation. This form contains the entry "635-200 EPTS SPD JFT" indicating he was discharged under the provisions of Army Regulation 635-200, paragraph 5-9, for failure to meet established physical standards (no disability). 5. The applicant was honorably discharged on 30 July 1975. He completed 1 month and 14 days of total active service. His DD Form 214 contains the following entries: a. item 9a. (Type of Separation): "Discharge (TC 300)" b. item 9c. (Authority and Reason): "xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx" c. item 9e. (Character of Service): "HONORABLE" d. item 10 (Reenlistment Code): "xxxxxxxxxxx" e. item 27 (Remarks): "MEDICAL" REFERENCES: 1. Army Regulation 635-5 (Personnel Separations - Separation Documents), paragraph 2-7j(2)(b), in effect at the time, states the applicable term will be entered in item 9a (Type of Separation) of the DD Form 214. Transition code (TC) 300 applies to enlisted members. TC 300 stands for "Discharge." 2. Army Regulation 635-5-1 (Personnel Separations - Separation Program Designators (SPD)), in effect at the time, states that the SPD Code "JFT" applies to separations under the provisions of Army Regulation 635-200, paragraph 5-9 (failure to meet established physical standards (no disability). 3. Army Regulation 635-200, paragraph 5-9, in effect at the time, states that individuals who were not medically qualified under procurement medical fitness standards when accepted for induction or initial enlistment will be discharged when a medical board, regardless of the date completed, establishes that a medical condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on active duty, which would have permanently disqualified him for entry into the military service had it been detected at that time; and does not disqualify him for retention in the military service under the provisions of chapter 3, Army Regulation 40-501 (Physical Evaluation for Retention, Retirement, or Separation). 3. 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. Under the laws governing the Army Physical Disability Evaluation System, Soldiers who sustain or aggravate physically unfitting disabilities must meet several line-of-duty criteria to be eligible to receive retirement and severance pay benefits. One of the criteria is that the disability must have been incurred or aggravated while the Soldier was entitled to basic pay or was the proximate cause of performing active duty or inactive duty training. 4. Army Regulation 635-40 further states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service. Examples include symptoms of chronic disease from the date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) which will be accepted as proof that the disease existed prior to entrance into active military service. DISCUSSION: 1. The evidence of record shows the applicant enlisted on 17 June 1975, and shortly thereafter he was diagnosed with asthma. A medical board subsequently found the applicant medically fit for separation and determined his condition existed prior to his entry into military service. 2. The evidence of record shows the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-9. Additionally, item 27 of his DD Form 214 shows he was discharged for medical reasons. 3. His DD Form 214 does not contain entries listing the authority and reason for his discharge or his SPD code because he signed a Fort Polk Form 195 wherein he declined a separate document explaining the narrative reason for his separation. As such, the reason and authority for his separation were provided on the form he signed instead of on his DD Form 214. 4. Based on the evidence of record, the applicant's DD Form 214 and Fort Polk Form 195 properly reflect the reason for his discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013991 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013991 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2