ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: \ BOARD DATE: 9 May 2019 DOCKET NUMBER: AR20160018671 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 28 October 1970 to show: * the reason of his separation is stated incorrectly * his statement of service is not accurately depicted * show proof of his special operations time/service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant, in effect, states his aforementioned information on his DD Form 214 is inaccurate and he needs proof of his special operations service. Additionally, he is requesting a search for a DD Form 215 (Correction to DD Form 214). 3. Prior to his induction into the Army of the United States, the applicant filled out an Standard Form (SF) 89 (Report of Medical History), dated 22 April 1970, wherein he acknowledged that he had an operation on his back due to an automobile accident approximately four years ago and he had previously been rejected for military service due to high blood pressure. On an SF 88 (Report of Medical Examination), he was given an examination, where a physician noted a kyphoscoliosis (describes an abnormal curvature of the spine in both a coronal and sagittal plane) left less one inch, and that he was qualified for military service. 4. The applicant was inducted into the Army of the United States on 23 July 1970 for a period of 24 months after a physical inspection. He was assigned to Fort Lewis, WA for his initial entry training. Subsequently, he was assigned to Fort Ord, CA for advanced training in military occupational specialty (MOS) 70A (Clerk) on or about 5 October 1970. 5. The applicant was referred to the orthopedic clinic for a spinal disorder and back pain evaluation on 6 October 1970. An SF 513 (Consultation Sheet) and an SF 502 (Clinical Record – Narrative Summary), shows he was seen by medical personnel who determined he had a residual compression fracture of his L3 and scoliosis that existed prior to service (EPTS). It was further noted he did not meet procurement standards and was recommended for a medical board. 6. The applicant's record contains a DA Form 8-118 (Medical Board Proceedings), dated 8 October 1970, which shows after careful consideration of his medical records, laboratory findings, and medical examination, the board found the applicant medically fit (sic) for enlistment in accordance with current medical fitness standards. The form shows the following entries: a. Diagnosis: Residual compression fracture L3 scoliosis, EPTS. b. The Board recommended that he be separated under provisions of Army Regulation 635-200. c. The applicant was informed of the medical findings on the same date. He further acknowledged and understood he did not meet the medical standards for procurement that his medical condition existed prior to service and was neither incident to nor aggravated by his military service. He requested separation with an honorable discharge if the Board approved the findings. He indicated he did not desire to continue on active duty. d. The medical approving authority approved the findings of the Board on 16 October 1970. Subsequently, he concurred with the Board's proceedings on 19 October 1970. The applicant's chain of command endorsed his separation and the separation authority directed his discharge on 20 October 1970. 7. The applicant was honorably discharged on 28 October 1970, under the provisions of Army Regulation 635-200, paragraph 5-9, Separation Program Number (SPN) 375, by reason for not meeting procurement medical fitness standards at the time of induction. His DD Form 214 shows he completed 3 months and 6 days of total active service. 8. A review of the applicant's record contains no documents nor does he provide any that shows he was assigned to or had special operations time and/or service. His record does not contain a DD Form 215. 9. Army Regulation 635-200, dated 11 September 1968, set forth the basic authority for the separation of enlisted personnel. 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 four (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. 10. Army Regulation 635-5 (Separation Documents), dated 23 January 1967, for item 11c (Reason and Authority) enter the appropriate regulation, directive, etc., followed by the SPN. Appendix A, stated that when the reason for separation was discharge because of not meeting medical fitness standards at time of enlistment (or induction) then SPN 375 would be shown. Item 22b (Statement of Service – Total Active Service) to enter the total active service the individual has completed beginning with the earliest period of active service up to an including current period of active duty, less lost time. Item 30 (Remarks) will be used to complete entries too long for their respective blocks. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. 1. The Board found that the Reason and Authority for discharge is correct as the applicant’s record indicates that the applicant had a preexisting injury to his back. In On 22 April 1970, during his induction medical examination, the applicant noted that he had been advised to have an operation “to [straighten] my back – it happened 4 years ago. Car [accident]”, and the medical examiner noted “Kyphoscoliosis Left less one inch” On 6 October 1970, during his first week of Advanced Individual Training, the applicant underwent an orthopedic consult for his spinal disorder and “pain in mid back.” The medical examiner noted that the back condition was “EPTS” (existed prior to service), as the applicant “injured back 4 years ago” and was “treated for compression fracture – cont[inues] to have problems.” On 8 October 1970, an MEB found that the applicant had “Residual compression fracture L3 scoliosis,” and the condition was not in the line of duty as it was “EPTS”. The MEB also found the disability neither incident to nor aggravated by his military service and recommended separation because the applicant did not meet medical standards for procurement at time of enlistment. On 8 October 1970, concurrent to the MEB findings, the applicant signed a statement acknowledging that his condition was EPTS and that he was being separated because his medical condition existed prior to his entry on active duty. 2. The Board found no evidence of a DD Form 215 correcting the applicant’s record to indicate a different Reason and Authority for discharge. 3. The Board found no evidence of and the applicant provided no supporting documentation to correct the applicant’s statement of service or to indicate service in the Special Operations. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :x :x :x DENY APPLICATION 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. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200, in effect at the time, set 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 four (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. 3. Army Regulation 635-5 (Separation Documents), dated 23 January 1967, 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. Enter the authority for transfer or discharge in this item 11c by reference to the appropriate regulation, circular, bulletin, special separation directive, statute, etc., followed by the SPN and descriptive reason for transfer or discharge (See Appendix A). b. Appendix A, 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 under the provisions of Army Regulation 635-200, paragraph 5-9. c. Item 22b (Statement of Service – Total Active Service) to enter the total active service the individual has completed beginning with the earliest period of active service up to an including current period of active duty, less lost time. d. Item 30 (Remarks), this section will be used to complete entries too long for their respective blocks. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160018671 0 6 1