BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20150018160 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 BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20150018160 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. BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20150018160 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, deletion of the entry "13F12" in item 42 (Notes) of his Standard Form (SF) 88 (Report of Medical Fitness). 2. The applicant states: a. There was a cover-up of him being classified as D-1 or mentally unstable or 13F12 as stated on the SF 88. At the time of his honorable discharge, he was issued a Reserve Status card with a reenlistment code (RE) of 1B. The other was RE Code 1D that stated he was barred from reenlisting. This was the second time he was told he was barred from reenlisting. He knows the entry 13F12 means RE 1D and that he is not able to use it for a service-connected disability claim. This is unjust. b. He was trained in several military occupational specialties (MOS). He was assigned to kitchen police eighteen times during basic training. During his second advanced individual training he was made a squad leader. He maintains that he was given peyote by another Soldier, which caused him to become unstable and discharge an M-16 in a tent with four other people in it. After discharging the weapon he was called to the commanding officer's (CO) office and asked about the incident. He gave his account and the CO said he would take care of it. c. His medical examination is dated 12 August 1971. This is normally done no more than 3 days prior to separation. He wishes to use the 13F12 entry in a service-connected disability claim. He attempted to and was unable to obtain a copy of his military medical records. He provided two stories to Dr. B--, Department of Veterans Affairs (VA), Dupont Mental Health Clinic, titled "Life of a Soldier" and "Life of a Can Collector." d. He believes that he was denied due process when he only received 30 pages of his military records. Four of the pages do not even belong in his records. He had contacted Presidents Carter, Clinton, and Obama concerning this matter and his requests were forwarded to the Board for consideration. He hopes the entry 13F12 will be changed on his SF 88. 3. The applicant provides the following: * DD Form 4 (Enlistment Contract – Armed Forces of the United States) * DA Form 20 (Enlistment Qualification Record) * DA Form 873 (Certificate of Clearance and/or Security Determination under Executive Order 10450) * Military records pertaining to his award of marksmanship badges, duty assignments, and award of the Army Good Conduct Medal * SF 88 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * letter from the National Personnel Records Center (NPRC) 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. He enlisted in the Regular Army (RA) on 21 November 1968 for 3 years. He held MOSs 63B (General Vehicle Repairman) and 72B (Command Center Specialist). He served in Korea from 29 June 1969 to 27 July 1970 and in Germany from 9 September 1970 to 10 November 1971. 3. His records contain and he provided a SF 88 showing on 12 August 1971, he underwent a medical examination for the purpose of separation. Item 42 of the form contains the entry "13F12." He indicated on the form that he was in good health. In item 77 (Examinee) the physician determined he was qualified for separation. 4. He was honorably discharged in pay grade E-4 on 13 November 1971, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) with separation program number (SPN) 411 (early separation of overseas returnee. He was transferred to the U.S. Army Reserve (USAR). He was credited with completing 2 years, 11 months, and 23 days of service. He was assigned RE Code 1B. His DD Form 214 lists the: * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Expeditionary Medal * Marksman Marksmanship Qualification Badge with Rifle Bar M-16 * Sharpshooter Marksmanship Qualification Badge with Rifle Bar M-14 5. He was honorably discharged from the USAR on 1 November 1974. 6. He also provided a letter, dated 24 February 2010, wherein the NPRC provided him copies of all of his available military records. REFERENCES: 1. AR 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Section VII, chapter 5, provided for the separation of overseas returnees. 2. Appendix A (SPN and Authority Governing Separations) of AR 635-5 (Separation Documents) provided for SPN and corresponding reason for separation/discharge. The SPN (later renamed Separation Program Designator) was a three-character code identifying the reasons for and types of separation from active duty. SPN "411," in effect at the time of the applicant's discharge, was the correct code for the early separation of overseas returnees. 3. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, stated that disability compensation was not an entitlement acquired by reason of service-incurred illness or injury; rather, it was provided to Soldiers whose service interrupted and they could no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. When a Soldier was being processed for separation for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the Soldier was scheduled for separation was an indication the individual is fit. 4. AR 601-210 (Personnel Procurement – RA Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment and processing into the RA and USAR. The regulation provided that prior to discharge or release from active duty individuals would be assigned RE codes based on their service records or the reason for discharge. Chapter 3 included a list of Armed Forces RE codes, including the following RE codes. RE–1B was applicable to those individuals who were fully qualified for reenlistment, except that they had not been tested to verify their primary MOS during their current term of service; fully qualified for second or subsequent reenlistment. 5. The Diagnostic and Statistical Manual of Mental Orders (DSM), Volume I, in effect at the time, stated code number 13.12 pertained to chronic brain syndrome associated with intoxication with neurotic reaction. DISCUSSION: 1. The evidence of record shows the applicant underwent a medical examination on 12 August 1971 wherein he was medically cleared for separation. The examining physician noted on the examination form the entry 13F12. In accordance with the DSM, in effect at the time of the applicant's examination, the entry pertained to chronic brain syndrome associated with intoxication. He was honorably discharged on 13 November 1971 and he was transferred to the USAR after returning from Germany. 2. 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. It is presumed the entry 13F12 shown on his SF88 is correct based on what the examining medical provider observed. No evidence has been presented which shows the 13F12 entry was erroneous or unjust. Absent such evidence, regularity must be presumed. 3. There is also no evidence in his available military records and he provided none to show he was physically unfit to perform his duties at the time of separation. His records contain no indication of procedural or other errors that would have jeopardized his rights. 4. There is also no evidence showing his assigned RE code 1B is in error or unjust. 5. The ABCMR does not correct records solely for the purpose of establishing eligibility for benefits. In addition, granting veterans' benefits is not within the purview of the ABCMR and any questions regarding eligibility for treatment and other benefits should be addressed to the VA. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018160 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018160 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2