IN THE CASE OF: BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150017787 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: 25 April 2017 DOCKET NUMBER: AR20150017787 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: 25 April 2017 DOCKET NUMBER: AR20150017787 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 (Report of Separation from Active Duty) to show he was honorably discharged for medical reasons. 2. The applicant states his regular long form DD Form 214 has "medical honorable discharge" and that is what he needs his DD Form 214 to state. He cannot receive certain benefits if it only reads honorable discharge. 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 enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) on 31 August 1977, and enlisted in the Regular Army (RA) on 6 September 1977. He was separated from the RA prior to completing military training. 3. Headquarters, U.S. General Leonard Wood Army Hospital, memorandum, subject: Transmittal of Medical Evaluation Board Proceedings, dated 30 September 1977, shows the applicant was recommended for separation under the provisions (UP) of chapter 5, Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement or Separation) due to a disability that existed prior to service (EPTS). 4. On 6 October 1977, the approval authority approved the recommendation. He directed that the applicant be discharged due to physical disability that was neither aggravated nor incurred during any period of active duty, UP chapter 5, AR 635-40. 5. On 11 October 1977, the applicant was advised that: a. Each individual being separated from active duty who receives a DD Form 214 will be offered a separate document indicating the narrative reason for separation, a narrative description of the regulatory or statutory authority for separation and the reenlistment code upon the individual’s request. b. The option statement explaining the reason and authority for his separation from active duty and his reenlistment code could be of assistance to him after discharge. c. If he elected to receive this document, copies would be forwarded to the State Adjutant General or U. S. Army Reserve Area Commanders who receive copies of his DD Form 214. In addition, a copy would be attached to the DD Form 214 filed permanently in his official military personnel file. d. The applicant requested a separate document explaining the narrative reason for his separation from the Army, a narrative description of the authority for his separation, and reenlistment code. Additionally, he requested a copy of his DD Form 214. 6. Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood, memorandum, subject: Reason for Separation, dated 11 October 1977, was addressed to the applicant. It shows the reason for his separation from active duty was for physical disability that existed prior to service (medical board), under the provisions of chapter 5, AR 635-40, with a reenlistment code of RE-3. 7. The applicant's DD Form 214 shows he was honorably discharged on 11 October 1977 under the provisions of Army Regulation 635-40, chapter 5, and he was assigned Separation Program Designator (SPD) code "KFN." He completed 1 month and 6 days of net active service. REFERENCES: 1. Army Regulation 635-5-1 (SPD Codes), in effect at the time, provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies SPD Code “KFN” for assignment to those separated under the provisions of Army Regulation 635-40, chapter 5, based on an EPTS physical disability as determined by a medical board. 2. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Chapter 2 contains guidance on the preparation of the DD Form 214 and shows the appropriate authority, reason, and SPD code was listed on the DD Form 214. DISCUSSION: 1. The applicant was honorably discharged on 11 October 1977 under the provisions of Army Regulation 635-40, chapter 5, based on EPTS physical disability. 2. The evidence of record shows the applicant was issued a memorandum on 11 October 1977 that explained the narrative reason for his separation from the Army, the authority for his separation, and reenlistment code. His DD Form 214 was prepared in accordance with the regulation in effect at the time. There is no evidence of an error. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017787 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017787 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2