IN THE CASE OF: BOARD DATE: 15 May 2020 DOCKET NUMBER: AR20170000959 APPLICANT REQUESTS: a change of his separation from a hardship discharge to a medical discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: he provides a DD Form 149 (Application for Correction of Military Record). FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, 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 states his separation should be change from a hardship discharge to a medical discharge. 3. Review of the applicant’s service records show: a. He enlisted in the Regular Army (RA) on 30 July 1966. He served in Vietnam from 13 December 1967 to an unknown date (his DA Form 20 (Enlisted Qualification Record) does not reflect when he left Vietnam). b. On 25 March 1968, he was attached to Homestead Air Force Base, FL. On 26 March 1968, he applied for a hardship separation due to the health of his spouse. c. On 29 March 1968, the separation authority approved his request for a hardship discharge under provision of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel, chapter 6 (Separation Because of Dependency or Hardship). d. He was honorably released from active duty, in pay grade E-4, on 3 July 1968, under provision of AR 635-200, by reason of Hardship. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 (Report of Transfer or Discharge) shows he completed 1 year, 11 months, and 3 days of active service, including 3 months and 10 days of foreign service in Vietnam. e. He was honorably discharged from the USAR on 1 February 1973, at the expiration of his term of service. 4. On 1 April 2019, the Army Review Boards Agency requested him to provide a copy of his Army medical records and any other medical documents that supported his issue. He did not respond. 5. By regulation AR 635-200, a member may request a separation for hardship. 6. By regulation AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), a member may be separated for not meeting medical retention standards in accordance with AR 40-501 (Standards of Medical Fitness). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based on the documentation provided, the Board denies this request. The applicant should resubmit his package with his medical documentation to support this request. The medical documentation provided in this file is for his wife. The Board determined the type of discharge the applicant received upon separation was not in error or unjust. 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. REFERENCES: 1. Title 10, United States Code (USC), 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. 2. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of soldiers for a variety of reasons. Paragraph 6-3b (Hardship) hardship existed when in circumstances not involving death or disability of a member of the soldier's (or spouse's) immediate family, separation from the Service would materially affect the care or support of the family by alleviating undue and genuine hardship. 3. AR 40-501 (Standards of Medical Fitness), in effect at the time, provided medical fitness standards of sufficient detail to insure uniformity in the medical evaluation. Paragraph 3-4 (Disposition of Members Who May be Unfit Because of Physical Disability), a. Members who are believed to be unfit because of physical disability or who have one or more of the conditions listed in this chapter, would be processed as prescribed in AR 40-3 and AR 635-40 to determine their eligibility for physical disability benefits under chapter 61, title 10, United States Code. 4. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, established policies and prescribes procedures for the physical disability evaluation of members of the Army for retention, retirement, or separation. Paragraph 4-25 (Determination of physical unfitness), a requisite for eligibility for retirement or separation under the provisions of chapter 61, Title 10, USC, was that the member must be found unfit because of physical disability to perform military duty. While a member could have medical conditions or physical impairments ratable under the Veterans Administration Schedule for Rating Disabilities, he would not be retired or separated because of those conditions or impairments unless they rendered him unfit because of physical disability. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170000959 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1