ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 August 2019 DOCKET NUMBER: AR20180016218 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces Report of Transfer or Discharge) to show his active duty service started in July 1972 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Department of Veterans Affairs (VA) Disability Rating Decision FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, in effect, his DD Form 214 states he served on active duty from 12 September until 18 October 1972; it should actually show service starting in or around July 1972. He asserts he passed his examination on 7 September 1972 and was put on a bus in Jacksonville, FL; the bus arrived at Fort Jackson, SC that night and he was given (illegible) and shots. After this, he took the oath and attended several classes. He contends he never returned home after 6 July 1972, and argues his DD Form 214 fails to account for the intervening 3 months (sic, 2 months) and 6 days from 6 July until 12 September 1972. He rhetorically asks, if his back injury was noticed, then why did the Army pass him on his medical examination and send him to Fort Jackson for training. 3. The applicant provides a VA Rating Decision, dated 17 May 1973, which indicates the VA considered granting the applicant service-connection for his lumbar strain; the rating decision noted the following: * Applicant's induction medical examination revealed a history of back pain resulting from an injury sustained in a train-car wreck; injury occurred 3 years prior to entry on active duty (i.e., existed prior to service (EPTS)) * September 1972, the applicant complained of back pain, as a result of the above- cited injury; medical authority diagnosed lumbosacral strain * October 1972, applicant was admitted to the Army hospital at Fort Jackson; examination revealed applicant's back was essentially normal, but the medical impression was chronic low back pain, secondary to the EPTS injury; applicant's separation physical showed no additional significant disabilities * VA determined there was no evidence the applicant's back injury was aggravated during his active duty service, beyond what would have occurred due to the natural progression of the medical condition; VA did not grant a service- connection 4. The applicant's service records show: a. On 6 July 1972, as part of the induction process, the applicant underwent a physical examination at the Armed Forces Examining and Entrance Station, Jacksonville, FL; medical authority found him qualified for induction. b. A DD Form 47 (Record of Induction) shows, on 12 September 1972, the applicant was inducted into the Army of the United States (AUS). The applicant's service record also includes a document titled "Acknowledgement of Service Obligation (6-Year Acknowledgement)" in which he affirmed he was inducted on 12 September 1972 for a 2-year term of service and, on completion, would transfer to the U.S. Army Reserve to fulfill the remainder of his obligation. c. The applicant's service includes a DA Form 20 (Enlisted Qualification Record) which reflects: * Applicant's component was AUS, effective 12 September 1972 for a term of 2 years * BASD (Basic Active Service Date) was listed as 12 September 1972; BPED (Basic Pay Entry Date) was 12 September 1972 d. The applicant's separation packet is not available for review, however, his service record does include the following: (1) On 12 October 1972, orders reassigned him to the U.S. Army Transfer Station at Fort Jackson for separation processing. (2) On 18 October 1972, he was honorably discharged. His DD Form 214 shows he completed 1 month and 7 days of his 2-year AUS obligation. The separation authority was chapter 5 (Separation for Convenience of the Government), section III (Categories for Which Discharge is Authorized), Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel). The separation program number was "375" (Discharge Because Of Not Meeting Medical Fitness Standards at time of Enlistment). He was awarded or authorized the National Defense Service Medal. 5. The applicant asserts his DD Form 214 does not accurately reflect his active duty service. The evidence of record indicates he underwent an induction physical on 6 July 1972 and, on 12 September 1972, entered active duty as an AUS Soldier. The absence of the applicant's separation packet means we are unable to determine the specific circumstance(s) that led to his discharge; however, despite the unavailability of the applicant's separation packet, and in light of the record copy of his DD Form 214, the Board presumes the applicant's leadership completed his separation properly. By regulation, the Board is not an investigative body and must make its determinations based on the evidence submitted by an applicant and what is available in his/her service record. An applicant bears the burden of proving an error by providing supporting documentary evidence. 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, the date of his pre-induction physical, the record of induction, the absence of a separation packet, the reason for his separation, the entries on his DD Form 214 and a post-service VA rating decision. The Board found no evidence of the applicant entering active duty prior to the date on his record of induction. Based on a preponderance of evidence, the Board determined that the period of active service reflected on his DD Form 214 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-200, in effect at the time, prescribed policies and procedures for enlisted administrative separations. Paragraph 5-9 (Discharge of Personnel Who Did Not Meet the Medical Fitness Standards) stated commanders were authorized to separate Soldier show were not medically qualified under procurement medical fitness standards when they had been accepted for induction. Eligibility for separation was governed by the findings of a medical board, which was required to determine the medical condition would have permanently disqualified the Soldier from entry into military service, had it been detected; additionally, the medical condition did not disqualify the Soldier under medical retention standards (which would require processing through the Army's Disability Evaluation System). 3. AR 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for separation processing and the completion of the DD Form 214. a. Item 22 (Statement of Service) was to show detailed information pertaining to creditable service for basic pay. * Item 22a(1) (Creditable for Basic Pay Purposes – Net Service This Period) – enter total service completed between the inclusive dates of the current tour of duty * Item 22a(2) (Other Service) – enter all prior service credited for basic pay purposes * Item 22a(3) (Total) – add items 22a(1) and 22a(2) * Item 22b. (Total Active Service) – enter total active service completed by the Soldier from the earliest period of active service up to and including current period of active duty b. Separation Processing Number (SPN) 375 – the regulatory authority was Section III, chapter 5, AR 635-200; the reason for separation was "Discharge Because of Not Meeting Medical Fitness Standards at time of Enlistment." 4. AR 15-185 (ABCMR), states the ABCMR begins its consideration of each case with the presumption of administrative regularity; this means the Board presumes what the Army did was correct. ABCMR Record of Proceedings (cont) AR20180016218 4 1