ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  21 June 2019

	DOCKET NUMBER:  AR20180016397


APPLICANT REQUESTS: Reconsideration of his previous request to correct his record to show a deferral to his medical retirement was removed.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* National Personnel Records Center (NPRC) letter to the Honorable Mr. B- P-, dated 1 October 2018
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 19 March 1973
* Self-authored letter
* Congressional inquiry

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 AC97-11211 on 10 November 1998.

2.  The applicant states he deferred retirement at the time of discharge and he would like it removed.

3.  A review of the applicant’s service records show the following on:

* 18 January 1973 – the applicant enlisted in the Regular Army for a period of 4 years
* 12 February 1973 – the applicant requested separation from the service for a physical condition which rendered him unfit for induction, and would have permanently disqualified him from entry, he was pending a medical board under Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel)
* On a date in 1973 – the discharge of the applicant was approved under the provisions of AR 635-200, chapter 5, paragraph 5-9
* 19 March 1973 – the applicant was honorably discharged from active duty by reason of not meeting medical fitness standards, DD Form 214 shows he completed 2 months and 2 days of net service
* the applicant’s service records are void of medical board proceedings, likewise his medical record was not available for review with this case, additionally, it is void of any evidence he enlisted for any other periods of service
* 28 July 1997 – the applicant petitioned the Board for a removal of his pay deferral, and on 10 November 1998, the Board denied his request

4.  The applicant provides:

* NPRC letter wherein the organization responded to the office of the Honorable Mr. B- P- in regards to a records request
* Self-authored letter to the Honorable Mr. B- P- wherein the applicant submitted his DD Form 214 referencing what he was entitled to from the U.S. Army
* Congressional inquiry wherein the applicant was requesting assistance from the office of the Honorable Mr. B- P-

5.  AR 635-200, paragraph 5-9 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 which- would have permanently disqualified him for entry into the military service had it been detected at the time.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and evidence in the records.  The Board discussed the applicant’s discharge for a condition making him unfit for induction, his separation after two months of service and his self-authored statement addressing a deferral of retirement.  The Board determined that there is no evidence of any deferral of pay or entitlements in the applicant’s records and that at the time of separation there was no error or injustice.

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



REFERENCE:

AR 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-9 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 which- would have permanently disqualified him for entry into the military service had it been detected at the time.  

ABCMR Record of Proceedings (cont)	 AR20180016397
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