ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 20 August 2019 DOCKET NUMBER: AR20180015182 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show honorable discharge without reference to not meeting medical fitness standards. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Post Office Department Notification of Personnel Action, dated 3 July 1971 * DD Form 214 * U.S. Postal Service Notification of Personnel Action, dated 1 October 2006 * U.S. Postal Service letter, dated 1 October 2006 * U.S. Postal Service award, dated 1 October 2006 * First Church “” award, dated 12 February State of Criminal Record Search, dated 11 September * two character statements 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 states: a. He was not medically disqualified at the time of his induction and passed the medical exam as fit for service. In Basic Combat Training (BCT) and Advanced Individual Training (AIT) he completed all tasks in an exemplary fashion and was assigned the position of platoon leader with all of the responsibilities contained therein. b. On a visit to sick call for a common cold, it was noticed that his blood pressure was slightly elevated. He was not given any medication, but was told he would be discharged due to the elevated blood pressure. c. He was told that he received a very high General Technical score and would be considered for Officer Candidate School. He told his commander that he did not want to obligate himself beyond his 3-year commitment at that time. After that meeting with the post commander, he was told he was being discharged, which he feels was without just cause. He would have considered it a privilege to have completed his full tour of duty. d. His “service agent” (presumably at the Department of Veterans Affairs ) informed him that he would always have his claims for benefits denied because of the classification or type of discharge noted on his DD Form 214. He has enclosed letters in support of his character and personal integrity. 3. The applicant entered active duty in the Regular Army on 7 March 1973 after 29 days of prior “other service.” 4. The complete facts and circumstances surrounding his discharge are not in his available records for review. 5. His records contain a DA Form 2496 (Disposition Form), dated 25 September 1973, signed by the applicant and addressed from the applicant to his commander, wherein the applicant acknowledges the following: a. He was notified by competent medical authorities that, based upon preliminary findings, he was erroneously inducted because he did not meet procurement medical fitness standards for induction in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 2 (it is not specified on this form which medical condition rendered the applicant unfit for induction or enlistment). b. He understood he may be discharged from the military service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 5, because he did not meet the medical fitness standards for induction, even though he met the physical standards for retention. He understood that such a separation would be without disability retirement or disability severance pay. c. He understood that if he chose to be discharged, he would be honorably separated for erroneous induction, unless other circumstances connected with is period of service required a different type of separation. d. In consideration of the above, he requested separation and did not desire to complete the term of service for which inducted. 6. His chain of command endorsed the request for separation on 25 September 1973. 7. His DD Form 214 shows he was honorably discharged accordingly on 28 September 1973 after 6 months and 22 days of net service this period. His reason and authority for separation are listed as Army Regulation 635-200, paragraph 5-9, discharge because of not meeting medical fitness standards at the time of enlistment. 8. The applicant provided numerous documents that stand as a testament to his good character: a. Multiple records from the U.S. Postal Service document his 35 years of loyal service to that organization, culminating with his retirement on 1 October 2006 and his receipt of a service award for his many years of commendable efforts and contributions. b. He provided a certificate showing he was presented with the “Spirit of Shaw Award” on 12 February 2015 from First Missionary Baptist Church for superb service for Christ and humanity. c. A State of Criminal Record Search, dated 11 September, shows no record pertaining to the applicant. d. He provided two character statements, one from his wife and one from his pastor, both of which attest to the applicant’s Godly character, his faithful service to his church, his volunteerism, and his love for God, family, and country. 11. On 27 June 2019, the Army Review Boards Agency (ARBA) medical advisor provided an advisory opinion, which states there is insufficient information to determine if the applicant met or did not meet medical procurement/entry standards in accordance with Army Regulation 40-501, chapter 2 that were applicable to his era of service. The presumption in these situations is that Army regulations were followed and the discharge was proper and equitable. There is insufficient cause to recommend a change in the discharge type or narrative reason for discharge in this case. A copy of the complete medical advisory was provided to the Board for their review and consideration. 12. A copy of the advisory opinion was provided to the applicant on 5 July 2019 and he was given an opportunity to submit comments, but he did not respond. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and a medical advisory opinion. The Board considered the applicant’s statement, his record of service and the reason for and his acknowledgement of separation proceedings. The Board considered the review and conclusions of the medical advising official and agreed there was insufficient evidence to determine that the applicant failed to meet medical procurement/entry standards. The Board considered the applicant’s record of post-service achievements and letters of reference. 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 that 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 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 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-1 states this chapter sets forth the conditions under which enlisted personnel may be discharged, released from active duty or active duty for training, or released from military control, for the convenience of the Government. b. Paragraph 5-9, states individuals who were not medically qualified under procurement medical fitness standards when accepted for induction or initial enlistment would be discharged when a medical board, regardless of the date completed, established that a medical condition was identified by appropriate military medical authority within 4 months of the member’s initial entrance on active duty or active duty for training which: (1) Would have permanently disqualified him for entry into the military service had it been detected at that time; and (2) Did not disqualify him for retention in the military service under the provisions of Army Regulation 40-501, chapter 3. c. As an exception, an individual who was found to have not been medically qualified for induction or enlistment, but met the medical qualifications for retention and he elected to complete the period of service for which inducted or enlisted, would not be discharged under this paragraph. Such members would be required to sign a statement electing to complete his period of service, notwithstanding his eligibility for discharge under this paragraph. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) 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. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. ABCMR Record of Proceedings (cont) AR20180015182 2 1