ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 September 2019 DOCKET NUMBER: AR20150009355 APPLICANT REQUESTS: his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) item 11c (Reason and Authority) reflect a medical discharge based on his selective service classification code annotating an existing medical condition at the time of his induction into the Army of the United States. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored rebuttal to case AR150009355 * Induction Register with selective service classification * Letter orders 11-1441018 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in * Docket Number AR20150009355 on 7 April 2016 * Docket Number AR20130017521 on 17 July 2014. 2. The applicant states that after gaining access to his draft status from 1968-1969 he discovered that his selective service classification code was 1-Y (Registrant qualified for service only in time of war or national emergency). His erroneous medical induction includes a 1-Y draft status and being physically disqualified on year after two years of active duty service. A lack of medical integrity by the induction physical and negligence on the part of MEPS (Military Entry Processing Station)/(MEB (Medical Evaluation Board) landed him in the Army illegally. The 1-Y draft status states in no uncertain terms that being classified as such means the individual is available for service or entrance into the military only in times of declared war or national emergency. Any statute of limitations does not apply in his case because of the medical illnesses he suffered from while on active duty are well documented when they were reported to the then Senator X___ and Senator X___ in 1969. He reported them (medical issues) and the Army ignored Army Regulation (AR) 401-5 (Physical Disqualifications). The US Army failed to recognize his 1-Y classification. The only thing the Army did was cancel his orders to Vietnam. A diversion of orders did not address his medical issues. 3. The applicant provides a copy of his induction register showing the selective service code of 1-y. He also provides a copy of Letter order 11-1441018, dated 1 November 1972, that shows he was discharged for reasons of physical disqualification from the U.S Army Reserve (USAR) effective 2 November 1972. 4. A review of the applicant’s service records shows the following: a. He was inducted into the Army of the United States on 26 January 1968. His induction register shows the selective service classification code of 1-Y. b. After an exhaustive search, additional records concerning the applicants induction are not available for the Board to review. c. He enlisted in the Regular Army on 20 March 1969. d A chronological Record of medical care, dated 25 April 1969, shows that the applicant requested change in military occupational service due to spleen removal. Additional information on the form provided is illegible. e. DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 15 March 1971, shows that the applicant’s physical profile was 311111. f. Special Orders Number 74, dated 15 March 1971, transfers the applicant from active duty to the USAR. g. He was discharged from active duty on 15 March 1971. His DD Form 214 shows item 11c as overseas returned. h. ABCMR denied the applicants request for case AR2015009355 on 11 April 2016. The record of proceedings state that 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. The applicant submitted a rebuttal which initiated case AR20150009355. 5. By regulation, AR 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, and appointment, including officer procurement programs. Individuals evaluated will be reported as Medically Acceptable or Medically Unacceptable by reason of medical fitness or medical unfitness. 6. By regulation, Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents) paragraph 31-11c in effect at the time, states that 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. His record shows he entered a period of service for 2 years. He completed the period of service without a boardable medical condition. The Board agreed his record is absent evidence that shows he was diagnosed with a physical condition that would have determined he was unfit for military service. If he had a physical condition identified as existing prior to service, the Board agreed that would not have been cause for a disability retirement, but would have rendered him not able to meet procurement standards. The relief the Board agreed to provide is to show he completed his first full term of service as his DD Form 214 shows his separation date a few days short of 2 years. His separation should show 19 March 1971 instead of 15 March 1971. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Numbers AR20150009355 on 7 April 2016, and AR20130017521 on 17 July 2014. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 15 March 1971 by: a. item 11d showing the entry “19 March 1971”; and b. items 22a(1), (3), and 22(b) showing the entry “02 00 00” 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 a medical retirement. 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. Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, provides the evaluation for physical fitness of Soldier who may be unfit to perform their military duties because of physical disability. a. Paragraph 1-1 (Purpose) Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, or rating. A correlation must be established between the Soldiers medical defects and physical capabilities. b. Paragraph 4-26a (Army disability rating review board) states that the ADRRB may notify or amend a fully executed retirement order of a Soldier based on whether substantial new evidence exists which by due diligence, could not have been presented before disposition was accomplished, and the evidence would have warranted a higher percentage of disability if presented before disposition. 2. AR 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, and appointment, including officer procurement programs. Individuals evaluated will be reported as Medically Acceptable or Medically Unacceptable by reason of medical fitness or medical unfitness. 3. By regulation, Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents) in effect at the time, states that 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. 4. 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 ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20150009355 4 1