BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005077 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: 19 December 2017 DOCKET NUMBER: AR20160005077 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: 19 December 2017 DOCKET NUMBER: AR20160005077 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 records to show he was medically discharged. 2. The applicant states he was injured during basic training and discharged from the hospital at Fort Jackson, SC. His DD Form 214 (Report of Separation from Active Duty) is incorrect because it does not show he was medically discharged. He still has the same medical problem that resulted in his discharge and he has been repeatedly treated at Department of Veterans Affairs (VA) medical clinics. The injury has worsened over time and prevents him from doing certain job-related duties. 3. The applicant provides a self-authored statement (summarized above) and copies of his DD Form 214 and military medical records. 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 U.S. Army Reserve (USAR) on 13 April 1976 for a period of 6 years. 3. He was ordered to active duty for training at Fort Jackson, SC, on 8 August 1976. 4. A DA Form 3082 (Statement of Medical Condition), completed by the applicant on 14 September 1976, shows his last separation examination was on 25 August 1976 at Fort Jackson Hospital. The pre-printed statement shows, "I underwent a separation medical examination more than 3 working days prior to my departure from place of separation. To the best of my knowledge, since my last separation examination" (he indicated with a checkmark), "There has been no change in my medical condition." The applicant signed this form. 5. A review of the applicant's military personnel records failed to reveal his medical board proceedings. 6. The applicant's DD Form 214 shows he entered active duty on 8 August 1976 and he was honorably discharged on 14 September 1976 in a trainee status. He had completed 1 month and 7 days of net active service during this period. It also shows in: a. item 9c (Authority and Reason): * Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-9 * Separation Program Designator (SPD) Code: JFT b. item 10 (Reenlistment Code): NA (Not Applicable); c. item 27 (Remarks): "Item 9c: Failure to Meet Established Physical Standards (No Disability)"; and d. item 29 (Signature of Person Being Separated), the applicant signed this document. 7. Headquarters, U.S. Army Training Center, Fort Jackson, SC, Orders 58-709, dated 14 September 1976, discharged the applicant from the USAR effective 14 September 1976. 8. An ATZJ-S Form 359 (Explanation of Separation from Service), dated 14 September 1976, shows the applicant requested an explanation of the narrative reason for separation from the U.S. Army, a narrative description of the authority for separation, and the reenlistment (RE) code. It shows the authenticating officer provided the following information: * RE Code: NA * Authority for Separation: AR 635-200, paragraph 5-9 * SPD Code: JFT * Narrative Reason for Separation: Failure to Meet Established Physical Standards (No Disability) 9. A review of the applicant's military personnel records failed to reveal evidence that the applicant applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations. 10. In support of his application the applicant provided the following documents. a. An SF (Standard Form) 93 (Report of Medical History) completed by the applicant on 29 March 1976 as part of his entrance medical examination. This document shows he did not report any physical problems or medical conditions. b. An SF 88 (Report of Medical Examination) completed at the time of enlistment by a civilian medical doctor on 29 March 1976 that shows he was evaluated for "ocular motility." This form contains a note that states, "mild downward convergence left eye." This document also shows the applicant was qualified for "general military service." c. His military medical records for the period 19 August to 3 September 1976 are summarized later in this Record of Proceedings. d. An ATZJ-MD OP Form 88-93 (Statement of Change of Medical Status), dated 7 September 1976, that shows the pre-printed statement, "I underwent a medical examination in the past 180 days. A copy of the SF 88 and SF 93, prepared within that 180 days to medically clear me for enlistment, is appended and I have reviewed both forms. The medical change(s) in my condition since that time is as follows: [he entered] 'yes, chang[e]' and "I understand that this is an EPTS [Existed Prior To Service] condition. I further realize that this statement, with the appended SF 88 and SF 93, the medical board (DA Form 3947) and Narrative Summary (SF 502) reflects my final medical examination upon my departure from the Army unless my Commander approves my request to remain in the Army." It also shows the applicant and a witness signed the form. 11. In the processing of this case, an advisory opinion was obtained from the Army Review Boards Agency (ARBA) medical staff, dated 31 July 2017. a. The ARBA senior medical advisor reviewed the applicant's available military personnel records and medical treatment records. b. The medical opinion was based on the medical evidence that was available to the Board. The applicant's paper service treatment record was not available. c. Based on the medical records provided by the applicant, the senior medical advisor offered an extensive description of the applicant's clinical encounters, medical examinations, and x-ray series of his back and right knee. The medical advisor noted, in pertinent part, the following: possible Osgood Schlatter's disease (right knee) and complaint of low back pain, 6-year history; applicant wanted "out of the Army" (19 August 1976); persisting hematuria (blood in urine) and total gross hematuria past 2 weeks; low back pain, 10 days in training with chronic history of episodic hematuria; EPTS exam requested (23 August 1976). d. The medical advisor's review of the VA Joint Legacy Viewer revealed 20 listed problems, including hematuria unspecified, other testicular dysfunction, cataract/dry eye syndrome, allergic rhinitis, dental caries (cavities in the two outer layers of a tooth, the enamel and the dentin), hypertension, degeneration of lumbar or lumbosacral intervertebral disc, tobacco use, and others. The applicant is not VA service connected. e. The ARBA medical advisor found the applicant's available records do not reasonably support him having had post-traumatic stress disorder or another boardable medical condition. The applicant did not meet accession standards for EPTS hematuria and EPTS right knee pain (and possibly low back pain) in accordance with (IAW) AR 40-501 (Standards of Medical Fitness), chapter 2 (Physical Standards for Enlistment, Appointment, and Induction), and AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) that were applicable to the applicant's era of service. f. The applicant met medical retention standards for right knee pain, low back pain, EPTS eye problem (downward convergence) IAW AR 40-501, chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement), and following the provisions set forth in AR 635-40 that were applicable to the applicant's era of service. g. The ARBA medical advisor concluded the applicant's medical conditions were duly considered during his medical separation processing. A review of the available documentation contained no evidence of a medical disability which would support a change to the character or reason for the applicant’s discharge in this case. 12. On 1 August 2017, the applicant was provided a copy of the ARBA advisory opinion to allow him the opportunity (30 days) to submit comments or a rebuttal. There is no evidence of a response from the applicant. REFERENCES: 1. 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 (Discharge of personnel who did not meet procurement medical fitness standards), shows 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 or active duty for training under the Reserve Enlistment Program of 1963 which: * would have permanently disqualified him for entry into the military had it been detected at that time * does not disqualify him for retention in the military service under the provisions of AR 40-501, chapter 3 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that 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, in effect, his records should be corrected to show he was medically discharged based on (an) unfitting condition(s) that manifested during basic training and resulted in his administrative discharge. 2. The applicant enlisted in the USAR on 13 April 1976. He entered active duty on 8 August 1976 at Fort Jackson, SC, and was hospitalized during basic training. a. The applicant's available military records are absent a copy of his medical board proceedings and separation medical examination. (1) However, the evidence of record shows he was medically examined and treated for possible Osgood Schlatter's Disease (right knee) and complaint of low back pain (EPTS), and persisting hematuria with chronic history of episodic hematuria (EPTS). (2) The evidence of record also shows, on 7 September 1976, the applicant agreed that his entrance medical examination be appended to reflect his EPTS condition(s) and his amended medical records constituted his final medical examination upon separation from the Army. b. Records show, on 14 September 1976, the applicant was honorably discharged under the provisions of AR 635-200, paragraph 5-9, for failure to meet established physical standards (no disability). 3. The regulations governing the Board's operation require the discharge process be presumed to have been in accordance with applicable law and regulations unless the applicant can provide evidence to overcome that presumption. In the absence of evidence to the contrary, the discharge process and the type of discharge are presumed to have been proper and correct. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005077 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005077 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2