IN THE CASE OF: BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015738 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: 16 February 2017 DOCKET NUMBER: AR20150015738 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: 16 February 2017 DOCKET NUMBER: AR20150015738 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 discharged for a learning disability rather than failing to meet medical fitness standards at the time of enlistment. 2. The applicant states: * he did not have a mental or medical issue, but a learning disability * he wasn't hurt in the service, he was dealing with understanding orders given by his sergeant * he has had this learning disability since birth 3. The applicant provides: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * neuropsychological evaluation, dated 21 December 2009 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 12 March 1974 for a period of 3 years. 3. His records contain a DA Form 2496 (Disposition Form), dated 9 May 1974, showing he was approved for a medical discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-9. 4. His records are void of the specific facts and circumstances surrounding his discharge action; however, his DD Form 214 (Report of Separation from Active Duty) shows he was honorably discharged on 14 May 1974. He completed 2 months and 3 days of total active service. 5. His DD Form 214 shows in: * item 9c (Authority and Reason) – the entry "xxxxxxxxxxxxxxxxxxxxxxxx" * item 27 (Remarks) – the entry "MEDICAL" 6. He provided a neuropsychological evaluation, dated 21 December 2009, showing he was referred for an evaluation for a learning disability, attention deficit hyperactivity disorder, or cognitive disorder. It was determined he had a history of borderline intellectual functioning and hyperactivity identified in childhood. REFERENCES: 1. Army Regulation 635-200, paragraph 5-9, in effect at the time, provided for the discharge of personnel who did not meet procurement medical fitness standards when accepted for induction or initial enlistment. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by the appropriate military medical authority within 4 months of the Soldier's initial entrance on active duty. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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: 1. The applicant contends he should have been discharged for a learning disability rather than failing to meet medical fitness standards at the time of enlistment. 2. The evidence of record shows the applicant: * was approved for a medical discharge on 9 May 1974 for not meeting procurement medical fitness standards * was honorably discharged on 14 May 1974 3. In the absence of evidence to the contrary, it must be presumed that his separation processing was administratively correct and in conformance with applicable regulations. Without the discharge packet to consider, it is presumed the authority and reason for his discharge accurately represent the status of his medical condition which would have disqualified him for entry into military service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015738 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015738 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2