BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160001295 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ __x______ _x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160001295 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 11c (Reason and Authority) of his DD Form 214 the entry, "Discharge because of not meeting medical fitness standards at time of enlistment (or induction)." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the authority for separation, character of service, or a medical discharge under the provisions of Army Regulation 635-40. ___________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: 7 September 2017 DOCKET NUMBER: AR20160001295 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 item 11 (Transfer or Discharge Data), block c (Reason and Authority) and item 13a (Character of Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was honorably discharged for medical reasons. 2. The applicant states that he was honorably discharged based on medical reasons; however, his DD Form 214 does not show that as the reason. 3. The applicant provides copies of a Request to Correct DD Form 214 and Military Records, his birth certificate, a medical record, VA Form 21-527EZ (Department of Veterans Affairs (VA) – Application for Pension), and VA 21-22 (Appointment of Veterans Service Organization as Claimant's Representative). 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. A review of the Standard Form (SF) 89 (Report of Medical History) and SF 88 (Report of Medical Examination) prepared by the applicant and the examining physician to document the applicant's entrance medical examination on 21 April 1969 show the applicant acknowledged a history of broken bones (right wrist) and skin disease (mild acne). The SF 88 also shows the examining physician found the applicant qualified for enlistment. 3. The applicant enlisted in the Regular Army on 27 June 1969 for a period of 2 years. 4. A DA Form 3349 (Medical Condition – Physical Profile Record), dated 18 July 1969, shows the applicant was issued a 10-day temporary profile. It also shows he was medically qualified for limited duty with restrictions of no combat-type boots and no shaving. 5. An SF 88 and SF 502 (Clinical Record – Narrative Summary), dated 25 September 1969, show: a. the applicant gave a 5-year history of recurrent rash and pruritus of skin for which he saw a doctor for the past four years and acknowledged the condition is aggravated by exercise and sweating; b. the examining physician diagnosed the applicant with: * neurodermatitis, chronic, posterior neck, and lateral aspect of forearms; line of duty (LD): No; Existed Prior To Service (EPTS) * acne, vulgaris, involving back, face, legs, and groin; LD: No; EPTS c. The examining physician found the applicant was not qualified for induction or enlistment under the provisions of (UP) Army Regulation (AR) 40-501 (Medical Services Standards of Medical Fitness), paragraph 2-35f. 6. A DA Form 8-118 (Medical Board Proceedings), dated 10 October 1969, shows the applicant had a chronic skin condition and that he was diagnosed with neurodermatitis, chronic, posterior neck, and lateral aspect of forearms; and acne, vulgaris, involving back, face, legs, and groin. It also shows the conditions EPTS. a. The board recommended the applicant be separated UP AR 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-9, for a condition existing prior to service. b. The applicant was informed of the board's findings and recommendations, and indicated (with his initials/signature) that he agreed with the board's action. c. The medical authority approved the findings of the board. 7. Headquarters, U.S. Army Personnel Center, Fort Jackson, SC, Special Orders Number 239, dated 15 October 1969, honorably discharged the applicant, effective 10 October 1969, for not meeting medical fitness standards at the time of enlistment. 8. The applicant's DD Form 214 shows he entered active duty on 27 June 1969 and he was discharged on 20 October 1969. He had completed 3 months and 24 days of net active duty service this period. It also shows, in pertinent part, in: * item 11c: AR 635-200, chapter 5, section III, Separation Program Number (SPN) 375 "See [Item] # 30" * item 13a: "HONORABLE" * item 30 (Remarks) does not show an entry referenced to item 11c 9. In support of his application the applicant provides the following documents: a. State of Michigan, County of Wayne, Department of Health, Bureau of Records and Statistics, Certificate of Birth, that shows he was born in January 1950. b. Bureau of Prisons, Health Services, Inmate Halfway House, Medical Record, dated 1 September 2015, that lists the applicant's health problems as: unspecified vitamin D deficiency; hip, pain in joint, pelvic region, and thigh (history of gunshot wound about 30 years ago with retained metallic foreign body); dermatitis/eczema due to unspecified cause; vitreous membranes and strands; hypertension, benign essential; open-angle glaucoma, unspecified; and osteoarthrosis, localized, secondary (bilateral knees). c. VA Form 21-527EZ and VA Form 21-22 that pertain to the applicant's application for VA pension and appointment of a Veterans Service Organization as his representative. 10. In the processing of this case, an advisory opinion was obtained from the medical staff, Army Review Boards Agency (ARBA), dated 14 October 2016. a. A review of the applicant's electronic medical record by the senior medical advisor revealed no record (AHLTA was implemented in 2003). b. The ARBA senior medical advisor provided a detailed analysis of the applicant's medical conditions documented in his available military service records that included his entrance medical examination; DA Form 3349, dated 18 July 1969; medical examination, dated 25 September 1969; and medical board proceedings, dated 10 October 1969. c. The ARBA senior medical advisor found that the applicant did not meet medical retention standards for neurodermatitis and acne vulgaris in accordance with (IAW) AR 40-501, chapter 2, and following the provisions set forth in AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) that were applicable to the applicant's era of service. He noted both conditions EPTS for approximately 5 years. He also noted the applicant met medical retention standards for foot injury/pain IAW AR 40-501, chapter 3, and that the condition also appears to be an EPTS medical condition. d. He concluded that the applicant's medical conditions were duly considered during his medical separation processing. He found no evidence of a medical disability or condition which would support a change to the character or reason for the applicant's discharge. 11. On 17 October 2016, the applicant was provided a copy of the ARBA advisory opinion to allow him the opportunity (30 days) to submit comments or a rebuttal. A response was not received from the applicant. REFERENCES: 1. AR 40-501, in effect at the time, governed medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement. Chapter 2, paragraph 2-35 (Skin and cellular tissues), specifies causes for rejection for appointment, enlistment, and induction and shows, in pertinent part, in subparagraph f, eczema: any type which is chronic and resistant to treatment. 2. AR 635-40 sets forth policies, responsibilities, and procedures in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform. Separation by reason of disability requires processing through the physical disability evaluation system. Chapter 3 (Policies), paragraph 3-3 (Conditions existing before active military service), shows 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. This includes conditions which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they EPTS. 3. AR 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel. Chapter 5 (Separation for Convenience of the Government), paragraph 5-9, provides that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for 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. 4. AR 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214 and shows all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, personnel records, and orders. The instructions show for: * item 11c, the authority for transfer or discharge will be entered in this item by reference to the appropriate regulation, circular, bulletin, special separation directive, statute, etc., followed by the SPN and descriptive reason for transfer or discharge (Appendix A) * item 13a, enter one of the following in capital letters: "HONORABLE," "UNDER HONORABLE CONDITIONS,'" "UNDER CONDITIONS OTHER THAN HONORABLE," "DISHONORABLE" b. Appendix A (SPN and Authority Governing Separations) provides specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPN codes to be entered on the DD Form 214. It lists SPN 375 (Discharge because of not meeting medical fitness standards at time of enlistment (or induction)" as the appropriate code (and reason) for enlisted Soldiers discharged UP AR 635-200, paragraph 5-9. DISCUSSION: 1. The applicant contends, in effect, that items 11c and 13a of his DD Form 214 should be corrected to show he was discharged for medical reasons. 2. Records show approximately 3 months after entering military service an Army doctor diagnosed the applicant with neurodermatitis, chronic, posterior neck, and lateral aspect of forearms; and acne, vulgaris, involving back, face, legs, and groin. a. The applicant acknowledged a 5-year history of his skin conditions and that the conditions were aggravated by exercise and sweating. b. A medical board found the applicant's conditions EPTS and recommended the applicant be separated UP AR 635-200, paragraph 5-9, because of not meeting medical fitness standards at time of enlistment. c. The applicant agreed with the board's action and the applicant's separation from the Army was approved. 3. The applicant's administrative separation UP AR 635-200, chapter 5, section III, paragraph 5-9, based on not meeting medical fitness standards at time of enlistment was in compliance with all requirements of law and applicable regulations with no indication of procedural errors which would have jeopardized his rights. In addition, the type of discharge directed and character of service shown on the applicant's DD Form 214 are appropriate and correct. While item 11c of the DD Form 214 shows the correct separation authority and SPN, it also shows the entry "See #30." However, a corresponding entry to show the reason for separation (i.e., "Discharge because of not meeting medical fitness standards at time of enlistment (or induction)") does not appear in item 30. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001295 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001295 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2