ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 August 2019 DOCKET NUMBER: AR20180002125 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a medical discharge instead of an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Forms 214, dated 28 September 1967 * Veterans Affairs (VA) claim adjudication, dated 17 December 2012 * Self-authored letter, dated 12 December 2017 * VA Form 21-526 (Veterans Application for Compensation and/or Pension) * Excerpt, Army Regulation (AR) 40-501 (Standards of Medical Fitness) 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, on 30 September 1966 a pre-induction examination was conducted, and it was determined he was acceptable for military service. 3. A review of the applicant’s official military personnel records show the following on: * 11 September 1967: * the applicant was inducted into the Army of the United States * DD Form 47 (Record of Induction) was completed showing in: * section 3 (Local Board Medical Interview), item 16a (List all Defects and Diseases Claimed by the Registrant and Defects or Diseases Which the Registrant May Have, and Which are Known to the Local Board) shows “bronchial asthma and hay fever” * section 7 (Determination at Pre-Induction Examination), item 22a shows he was found acceptable for induction into the Armed Forces on 23 November 1966 * 22 September 1967 – a medical board convened and DA Form 8-118 (Medical Board Proceedings) was competed showing the following in: * item 16 – the patient was not present during the proceedings * item 17 – the patient did not present any views on his own behalf * item 18 – the patient was medically fit for further military service in accordance with current medical fitness standards * item 19 – the patient had bronchial asthma * section 20 (Details of Medical Conditions and/or Physical Defects Listed Under Item 19) * line of duty “no” * approximate date of origin “prior to September 1967” * cause incident to service “no” * existed prior to service “yes” * aggravated by active duty “no” * 22 September 1967 - by memorandum, the applicant, requested to be discharged under the provisions of AR 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-9a(2) because he was erroneously inducted and did not meet the medical standards of chapter 2 of AR 40-501 * 28 September 1967 – the applicant was honorably discharged from active duty item 11c (Reason and Authority) shows under the provisions of AR 635-200, paragraph 5-9, DD Form 214 shows he completed 18 days of net service * the applicant’s medical records are not available for review with this case 4. The applicant provides: * VA claim adjudication wherein the applicant was denied claim for chronic obstructive pulmonary disease because the evidence did not show his asthma was linked to his time in service and the condition existed prior to service * Self-authored letter that states when he was drafted in 1967 there were not any medical documents that stated a diagnosis, and he should be given a medical discharge, he believes it was racially motivated and he was systematically mistreated for being drafted * VA Form 21-526 wherein the applicant filed a claim for compensation for asthma with secondary chronic obstructive pulmonary disease * Excerpt, AR 40-501, dated 14 January 2008, providing standards of medical classification (not applicable to the applicants period of service) 5. AR 635-200 paragraph 5-9 in effect at the time states, 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. The condition would have permanently disqualified the member for entry into military service had it been detected at that time and does not qualify him for retention under the provisions of AR 40-501, chapter 3. Separation will be accomplished within 72 hours following approval by the discharge authority. 6. AR 635-5 (Separation Documents) in effect at the time states item 11c, the authority for transfer or discharge will be entered by reference to the appropriate regulation. Unfitness will not be stated in words on the DD Form 214. The authority and separation program number will be listed. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, and evidence in the records. The Board considered the applicant’s statement, his induction, the “medically fit” results of the medical board, the determination that his condition existed prior to service and his request to be discharge for an erroneous induction, his honorable discharge after 18 days of service and the post-service VA determination. The Board found no evidence of the applicant’s separation being racially motivated or of systemic mistreatment. Based on a preponderance of evidence, the Board determined that the reason for the applicant’s separation was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found the relief was not warranted. 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 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 635-200 (Personnel Separations Enlisted Personnel) paragraph 5-9 in effect at the time states, 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. The condition would have permanently disqualified the member for entry into military service had it been detected at that time and does not qualify him for retention under the provisions of AR 40-501, chapter 3. Separation will be accomplished within 72 hours following approval by the discharge authority. 3. AR 635-5 (Separation Documents) in effect at the time states, item 11c, the authority for transfer or discharge will be entered by reference to the appropriate regulation. Unfitness will not be stated in words on the DD Form 214. The authority and separation program number will be listed. ABCMR Record of Proceedings (cont) AR20180002125 2 1