ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 December 2019 DOCKET NUMBER: AR20170010491 APPLICANT REQUESTS: a correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was medically discharged. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, period ending 6 February 1964 * United States Army Reserve (USAR) Special Orders Number 79, dated 22 April 1968 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 (ABCMR) 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 a representative at his local Department of Veterans Affairs (VA) hospital told him that he needed to get his DD Form 214 corrected to show that he was medically discharged. He makes reference to his discharge orders which he attached. 3. The applicant provides: a. A copy of his DD Form 214, period ending 6 February 1964. b. A partially legible copy of his USAR Special Orders Number 79, dated 22 April 1968, showing the applicant was discharged due to medical disqualification under the provision of Army Regulation (AR) 135-178 (Reserve Components – Separation of Enlisted Personnel), paragraph 21A. 4. A review of the applicant’s service record shows: a. He enlisted in the USAR on 25 July 1963. b. He attended and completed active duty for training (ACDUTRA) from 21 August 1963 to 6 February 1964. His DD Form 214, shows he was released from active duty and returned to the USAR on 6 February 1964. Item 11c (Reason and Authority), shows he was released under the provisions of AR 135-200 (Active Duty for Training of Individual Members) and AR 635-200 (Personnel Separations – General Provisions for Discharge or Release) separation program number (SPN) 201, due to the expiration of term of service (ETS). His DD Form 214 also shows he served 5 months and 16 days of active service. c. Standard Form 88 (Report of Medical Examination) and Standard Form 89 (Record of Medical History), both dated 12 February 1968 and are partially legible, indicate the applicant’s medical status had become such as he was determined by a medical professional to no longer to be eligible for retention in the USAR due to medical disqualification. d. On 28 February 1968, the applicant’s immediate commander requested to the Surgeon General, First U.S. Army, an evaluation of the applicant’s medical documents to determine his retention in the USAR. No other medical documentation is available for review. e. USAR Special Orders Number 79, dated 22 April 1968, honorably discharged the applicant under the provisions of AR 135-178, paragraph 21A, effective the same day because he was determined to be medically disqualified. 5. By regulation (AR 635-5) Separation Documents), a. The DD Form 214 is a summary of a soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. b. DD Form 214 will be issued at time of separation, regardless of the actual number of days served, to each member of the Regular Army and Reserve Components called or ordered to active duty or ACDUTRA for a period of 90 days or more. c. 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. d. SPN 201 is given for Soldiers at ETS under the provisions of AR 635-200. This includes personnel on ACDUTRA as initial trainees. 6. AR 635-200 states for expiration of term of service, separation will be accomplished by the transfer facility processing the member for separation pursuant to the discharge order issued by the appropriate commander. The specific reason and authority for separation will be entered in item 11c, DD Formed 214 as shown in AR 635-5. 7 By regulation (AR 135-178), an enlisted member will be discharged when it has been determined he/she is no longer qualified for retention by reason of medical unfitness unless he requests and is granted a waiver or eligible to transfer to the Retired Reserve. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based upon the applicant’s last active duty tour ending on 6 Feb 64, and the applicant was not medically qualified until 22 Apr 68, the Board concluded there was insufficient evidence of an error or injustice which would warrant a correction. The Board wished to inform the applicant that DD Form 214’s only reflect ending periods for active duty service. When the applicant finished his last active duty period of service, he was returned to the USAR; therefore, no error or injustice existed. 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. 2/7/2020 X CHAIRPERSON Signed by: 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, 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 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. AR 635-5, provides in part, a. , The DD Form 214 is a summary of a soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. b. Paragraph 4, DD Form 214 will be issued at time of separation, regardless of the actual number of days served, to each member of the Regular Army and Reserve Components called or ordered to active duty or ACDUTRA for a period of 90 days or more. c. Paragraph 30, 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. d. Appendix I, SPN 201 is given for Soldiers at ETS under the provisions of AR 635- 200. This includes personnel on ACDUTRA as initial trainees. 3. AR 635-200 states for expiration of term of service, separation will be accomplished by the transfer facility processing the member for separation pursuant to the discharge order issued by the appropriate commander. The specific reason and authority for separation will be entered in item 11c, DD Formed 214 as shown in AR 635-5. 4. AR 135-178, paragraph 21a, provides, an enlisted member will be discharged when it has been determined he/she is no longer qualified for retention by reason of medical unfitness unless he requests and is granted a waiver or eligible to transfer to the Retired Reserve. NOTHING FOLLOWS