IN THE CASE OF: BOARD DATE: 3 January 2022 DOCKET NUMBER: AR20200008867 APPLICANT REQUESTS: * in effect, honorable physical disability separation in lieu of uncharacterized discharge due to failure to meet procurement medical fitness standards * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) * DD Form 214 (Certificate of Release or Discharge from Active Duty), effective 21 July 1980 * Orders 24-81 * DD Form 214, effective 9 February 1988 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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: a. He requests the correct reason for the disability that caused his issues that still affect him today. The day of his injury was during doing duty at Fort Sill, OK. Training was delayed 2 weeks and while moving heavy lockers (wall lockers) while on duty waiting for training to begin. b. He was injured at a training station and it is not listed correction on his discharge. He has had problems since that day in June 1980 from injury. It still affects him today. He has tried to contact the Department of Veterans Affairs (VA), or call, and only told getting copy of records is all they could do. Only after contacting Senator office did anyone mention a DD Form 149. c. The DA Form 4707 under title History of Present Illness is not the reason of his medical visit. The reason was an injury due to being on duty and doing what he was told to do. d. In 1979 he joined the Army National Guard in High School and went to Basic Training for his summer vacation and returned to finish High School and graduate in May 1980. In June 1980, he went to Fort Sill Oklahoma for Advanced Individual Training, this is where he was injured while waiting two weeks for training to start. While moving large metal lockers down flights of stairs, he was on the bottom and two other trainees dropped the top end and it slid him down the stairs and crushed him into the wall. The trainees took him to his bunk and he laid there until next day waiting on someone, he could not move. The next day a Specialist 4 came to check on him and put him on a bus to go to a doctor. They told him they would give him a medical discharge and that he could come back on a medical waiver. He checked and signed all appropriate boxes as told. They sent him home. He still could not do anything for a while and finally felt good enough and started working. For forty years, he has worked and hurt and would sometimes just fall because of a sharp pain or joints that would not work since that day. He has always felt cheated of an Army career since that day. e. He would like his record corrected and there was a disability involved for the reason, he could not function due to injury at Fort Sill. The reason listed on form was [from] a question [that] askes have you ever hurt yourself, in which he did bruise his upper back while trail riding, rubbed against a tree, not a motorcycle accident. After arriving for duty at Fort Sill Oklahoma, they were told training would be delayed 2 weeks. They were put on duty cleaning the grounds, barracks, and moving furniture. He could perform duties while at Fort Sill until that day of moving large heavy wall lockers up and down stairs. He got in on a medical waiver to Fort McClellan, Alabama only to be discharged for not meeting standards. 3. The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he entered the Army National Guard in June 1979 and was in an inactive status until he reported for active duty. The applicant’s record does not contain a copy of his enlistment documents for this period. He entered active service on 21 June 1980. 4. A DA Form 4707, dated 3 July 1980 shows: a. He was in his 0 week of training in advanced individual training (AIT). His chief complaint shows as low back pain (LBP). History of present illness states motorcycle accident 2 weeks prior to entry on active duty (EAD). Unable to enter AIT because of diagnosis. Diagnosis states mechanical LBP. b. Disposition states it is recommended that the patient meet a Medical Board for consideration of separation. Member does not meet medical fitness standards for enlistment or induction under the provisions of paragraph 2-36d, chapter 2, AR 40-501. Existed Prior to Service (EPTS): yes. Service aggravated: no. Approximate date of origin 5 May 1980. Enlisted member does meet standards for retention under the provisions of chapter 3, AR 40-501. c. Profile and assignment Limitations shows a permanent profile 3 for upper extremities (U) and lower extremities (L). A physical profile, is derived using six body systems: "P" = physical capacity or stamina; "U" = upper extremities; "L" = lower extremities; "H" = hearing; "E" = eyes; and "S" = psychiatric (abbreviated as PULHES). Each body system has a numerical designation: 1 meaning a high level of fitness; 2 indicates some activity limitations are warranted, 3 reflects significant limitations, and 4 reflects one or more medical conditions of such a severity that performance of military duties must be drastically limited. Physical profile ratings can be either permanent or temporary. d. He concurred with these proceedings and requested to be discharged from the U.S. Army without delay on 15 July 1980. 5. The applicant was honorably discharged on 21 July 1980 under the provisions of AR 635-200, paragraph 7-5h(2). He was transferred to the Adjutant General, State of Kentucky. He was credited with 1 month 1 day active service and 1 year of prior inactive service. His separation code shows JFT and reenlistment code shows RE-3. His narrative reason for separation shows discharge of personnel who did not meet procurement medical fitness standards. 6. The applicant underwent a medical examination for the purpose of enlistment on 1 July 1987. a. His Standard Form (SF) 88 (Report of Medical Examination) shows in item 74 (summary of defects and diagnoses) shows Ortho – spine – cleared. See Ortho workup for back problem – letter or report. Item 75 (recommendations – further specialist examinations indicated) shows completed board on back problems and discharge from Army and Medical Board. Item 77 shows the applicant was determined to be qualified for service. b. The corresponding SF 93 (Report of Medical History) shows the applicant reported he received an honorable medical discharge for a pulled muscle in right low back. 7. The applicant’s record contained a Statement of Condition from Dr. dated 30 July 1987. It states: a. [The applicant] was seen today for evaluation. This patient gives a history of having been in the Army about 6 years ago and apparently left because of a back problem. The patient was treated by a chiropractor and his problem apparently resolved. Most recently the patient states that he has had no pain in his low back. He works out with weights and has a job with a landscaping company. b. This is a well-nourished, well developed male who seems to be in excellent physical condition. The patient has a full range of motion of the thoraco-lumbar area. Heel/toe walking is normal. Reflexes at the knee are 1 plus bilaterally. Reflexes at the ankle are 1 plus bilaterally. There are no motor or sensory deficits in the lower extremity. The patient has good arterial pulses in both lower extremities. Straight leg raising is negative bilaterally. X-rays of the lumbar spine appear to be within normal limits. [The doctor] sees no reason why [the applicant] cannot return to service in the Armed Forces. 8. A DA Form 3072 (Request for Waiver of Disqualification for Enlistment/Reenlistment in the Regular Army for Personnel Applying from Civilian Life), dated 13 August 1987, shows the applicant’s disqualification as RE Code (Medical). Item 7a (PULHES) shows as 111111. Item 17 (reason and justification) states: recommend approval. [The applicant] had experienced some medical problems earlier in life and how has overcome them. He realizes that if he would have suffered through them, he would not have to apply now for a waiver. He feels that he will be an asset to the U.S. Army. 9. The waiver request was sent to the Army Enlistment Eligibility Activity for consideration on 25 August 1987. The request was returned without action for the following reason(s): * applicant was EPTS discharged for back pain; this is always a problem, but there may be a possible waiver * what sort of work does he do * what exercise, amount, frequency, etc. * do any running or weight lifting, etc. * when was the last time he was treated for back pain 10. The applicant responded to the questions presented by the Army Enlistment Eligibility Activity as follows: a. Currently, he is a salesman at in men’s closing. Duration of work 48 hours. He is also self-employed at Company. Both of these jobs require either considerable physical activity or standing for long periods of time. ] b. Currently, he is a member of Fall League softball team. He plays right-center field. They play 3 to 4 games weekly until the end of the season. He is also a member of the Veterans of Foreign Wars volleyball team. They play at least 5-6 games every Sunday afternoon. c. The following is an itinerary of his daily workout routine: 1 mile daily run. 3 sets of 10 pushups, sit-ups, and leg raises. He also lifts weights every other day, upper and lower parts of the body. d. Since 21 July 1980 discharge, he has had no back pains or back problems or illness. He feels that he only pulled a muscle in his back. After he got home he kept putting icy hot rub on it. After that it has not caused him any problems since the discharge. e. He most recent check-ups were with specialist Dr., orthopedic surgeon of . Also Dr. , chiropractor of . Prior to submitting medical waiver for his enlistment in the United States Army. f. Furthermore, he feels that he is more than physically qualified to serve in the United States Army. He can meet or exceed all physical requirements that a Soldier will have to perform during basic training or at permanent duty station. 11. On 30 November 1987, the waiver of medical discharge for the purpose of enlistment in the Regular Army was granted provided applicant is otherwise qualified. Enlistment will not exceed 4 years. This determination is valid for 1 year from the date of this endorsement. 12. The applicant enlisted in the United States Army Reserve on 8 December 1987 for a period of 8 years in the delayed entry program (DEP). He was discharged from the DEP enlisting in the Regular Army for a period of 4 years on 26 January 1988 and immediately reported for BCT at Fort McClellan, AL. 13. A DA Form 3349 (Physical Profile), dated 29 January 1988, shows the applicant was assigned a temporary profile of T4 for "L" (lower extremities). It shows his medical condition as recurrent low back pain. His assignment limitations are as follows: No crawling, stooping, running, jumping, marching or standing for long period. No mandatory strenuous physical activity. No assignment requiring handling of heavy materials including weapons (except individual weapon, eig., rifle, pistol, carbine, etc.). No overhead work, no pull-ups or pushups. Time permitted – none. 14. DA Form 4707, dated 1 February 1988 shows: a. Chief complaint as low back pain. b. History of present illness states: This 26-year-old white male has a prior condition of mechanical low back pain which required discharge from the service. This arose after he had completed his basic training in the Army National Guard, and was involved in a motorcycle accident before attending AIT. He had this accident and was discharged at that time with an EPTS low back condition. He has had chiropractic treatment examination and has apparently done construction work. He has had minimal intermittent episodes of low back pain. He was cleared to come into the service on the basis of normal range of motion and normal x-rays by an orthopedic surgeon in August of 1987. At this time, he is in the Reception Station at Ft. McClellan, before entering basic training. He has, severe low back pain. c. Physical examination states: Essentially normal with the exception of the lumbar exam. He has decreased range of motion in all planes that is rachetty in type but he can't nearly touch, his toes. Knee jerks and ankle jerks 2+. The straight leg raising is negative. He has an antalgic gait, to both sides, and will sit alternately on either side. d. Laboratory data and x-rays states: No x-rays were taken nor a they needed. e. Diagnosis states: 7242 - Recurrent mechanical low back pain, with functional overlay. EPTS. Not Service Aggravated. Unfit under provisions of AR 40-501, Chapter 2, Para 2-37b. f. Profile and assignment Limitations shows: Permanent L3 PULHES shows 113111. No crawling, stooping, running, jumping, marching or standing for long periods. No mandatory strenuous physical activity. No pull-ups or pushups. Time permitted - 10 minutes. g. The findings were approved on 2 February 1988. The applicant concurred with these proceedings and requested to be discharged from the U.S. Army without delay on 3 February 1988. h. He was recommended for separation under AR 635-200, paragraph 5-11. [The applicant will receive an entry level separation (uncharacterized). 15. Orders 24-81, dated 5 February 1988, show the applicant was transferred for transition processing effective 9 February 1988. 16. The applicant was discharged on 9 February 1988 under the provisions of AR 635- 200, paragraph 5-11. He was credited with 14 days active service; 1 month 1 day prior active service, and 1 year of prior inactive service. His character of service shows entry level status. His separation code shows JFT and reenlistment code shows RE-3. His narrative reason for separation shows did not meet procurement medical fitness standards – no disability. 17. 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. Paragraph 2-11 states applicants do not have a right to a formal hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 18. MEDICAL REVIEW: The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant's records in the VA's Joint Legacy Viewer (JLV). There were no records in the Interactive Personnel Electronic Records Management System (iPERMS), the Armed Forces Health Longitudinal Technology Application (AHLTA), or in the Health Artifacts Image Management Solutions (HAIMS), likely due to the age of the case. The applicant requests medical discharge. He stated that he was injured at the training station in June 1980 at Fort Sill, OK while waiting for AIT to start. He also stated that he still has problems from this. a. The applicant stated that while waiting for AIT to start at Fort Sill, OK, he was moving large metal lockers down a flight of stairs and one fell on him sliding him down the stairs and crushing him into the wall. He described being incapacitated on his bunk until the next day. He stated that he was sent to a doctor and was told he would receive a medical discharge. He further stated that he re-entered service on a medical waiver (26Jan1988) at Fort McClellan, Alabama; and then was discharged (09Feb1988) for not meeting standards. He also indicated that he had disclosed a trail riding incident, but denies having had a motorcycle accident. b. The 03Jul1980 Entrance Physical Standards Board Proceedings indicated that the applicant had been unable to enter AIT due to a back injury from a motor cycle accident 2 weeks prior. On exam, he had marked guarding and he was tender to palpation over the entire lumbosacral spine. His permanent PULHES was 133111. The Board determined the condition did not meet induction standards per AR 40-501 chapter 2- 36d; and that the condition existed prior to service; and was not aggravated by service. The approximate date of injury was 05May1980. He concurred with the Board proceedings and requested to be discharged from the Army without delay. He was discharged under provisions of AR 635-200 para 7-5h(2) for not meeting procurement medical fitness standards. He was assessed to meet retention standards of AR 40-501 chapter 3. c. The applicant applied and reentered the regular Army from 19880126 to 19880209. In the 01Jul1987 Report of Medical History (for enlistment), he endorsed that his health was good. He did NOT endorse ‘recurrent back pain’. He was working in landscaping. He did divulge his previous Army discharge. He reported that he had pulled a muscle in the right lower back. The 01Jul1987 Report of Medical Exam (for enlistment) revealed a normal physical exam, except the spine and lower extremities were left blank. On 06Aug1987, Orthopedics specifically examined the applicant and indicated they had reviewed the records concerning the back issues, the previous discharge from the Army, as well as the Medical Board. They assessed that he was qualified for service. d. 30Jul1987 Orthopedic Clinic. He gave the history of a back problem 6 years prior. He left service because of it. He had treatment by a chiropractor and it resolved. He stated that he worked out with weights and worked in landscaping. He reported that he had no low back pain. On exam, there was full ROM. His motor, sensory and neurologic exams were completely normal. The lumbar spine film was also normal. He was cleared to serve in the military. The request for waiver document showed PULHES 111111. His waiver was approved in August 1987. e. In the applicant’s undated appeal for waiver, the applicant stated that he had not had back pain since he was discharged on 21Jul1980. He stated that he believed he only pulled a muscle and self-treated with Icy Hot rub. He divulged that he worked as a salesman for JC Penney and also was self-employed in a landscaping business; both involved either considerable physical activity or prolonged standing. He was also a member of a softball team that played 3-4 times weekly; and played volleyball 5-6 games every Sunday. He also reported a workout routine involving 1 mile run daily; and 3 sets of 10 push-ups, sit ups, and leg raises. He also lifted weights for both upper and lower body. He declared that he could meet or exceed all of the physical requirements for a Soldier. f. The 29Jan1988 temporary level 4 physical profile prohibited among other things, crawling, stooping, running, jumping, marching, standing for long periods, or mandatory strenuous activity. g. The applicant underwent a second Entrance Physical Standards Board Proceedings on 01Feb1988 for Low Back Pain. The Board indicated that he developed low back pain due to a motor cycle accident that took place before attending AIT and he was discharged for this EPTS (existed prior to service) condition. The Board mentioned the history of him having been cleared by orthopedics in August 1987 based on a normal back exam and x-rays. At the time of the Board proceedings, he was reporting severe back pain. The exam showed decreased ROM in all planes. Straight leg raising testing was negative. His gait was noted to be antalgic. No back films were ordered. Diagnosis: Recurrent Mechanical Low Back Pain, with Functional Overlay. EPTS. Not aggravated by service. The condition did not meet procurement standards of AR 40- 501, chapter 2 para 2-37b. He was given a permanent L3 profile. No crawling, stooping, running, jumping, marching or standing for long periods (more than 10 minutes). No mandatory strenuous physical activity. No pull-ups or pushups. He concurred with the Board proceedings and requested to be discharged from the Army without delay. He was discharged under provisions of AR 635-200 para 5-11 for not meeting procurement medical fitness standards. He was assessed to meet retention standards of AR 40-501 chapter 3. h. It was noted that there was consistency in the key areas of medical documentation by the Entrance Physical Standards Boards (1980, 1988): The applicant’s debilitating back pain which interfered with training, was due to a pre AIT motorcycle injury. The applicant concurred with findings from both Boards. It was also noted that there were inconsistencies in key areas of reporting in the applicant’s self-authored statements: In his September 2020 ABCMR application, he stated that he had endured problems with his back since the day of the reported heavy locker crushing incident (in June 1980). However, during the second entrance exam (Report of Medical History, July 1987), he did not endorse recurrent back pain. And in his undated personal statement (circa July/August 1987), he wrote “Since July 21 1980…he had no back pains or back problems…” He also provided details of a full, very active, healthy lifestyle consistent with a high functional fitness level. Although the applicant disagreed that he had experienced a pre AIT motorcycle accident; he did affirm that he suffered a back injury. “I did bruise [my] upper back while trail riding [and] rubbed against a tree…” This trail riding incident appears to be the same motorcycle accident referred to in both Board proceedings. The applicant appears to take issue with calling the trail riding incident a motorcycle accident. The back injury caused during the heavy locker crushing incident was not mentioned during the medical documentation in support of the waiver; nor in the 1987 Report of Medical History, or the applicant’s previous statement in 1987—it was mentioned only in the 2020 ABCMR application. Based on available documentation of the applicant’s back condition, the preponderance of evidence indicates that he sustained a pre AIT motorcycle injury in 1980 which caused back pain that prevented AIT participation in 1980; and recurred in 1988 and prevented training at that time also. The record did not show a new injury while in service. Referral for medical discharge processing was not indicated. BOARD DISCUSSION: After reviewing the documentation available to include a medical review, the Board concluded that the applicant had a condition that existed prior to service. As he was in entry level status and had not received an MOS, in accordance with regulatory guidance he was discharged with a characterization of service as “uncharacterized.” An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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. 1/24/2022 X 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. Title 10, United States Code, 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect 1 March 1978 – 30 September 1984, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-1 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 with service characterized as honorable or under honorable conditions, as appropriate. b. Paragraph 5-7 provides for the separation of personnel who did not meet procurement medical fitness standards. (1) Members who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will be separated when medical proceedings, 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 or active duty for training under the Reserve Enlistment Program of 1963 which - (a) Would have permanently disqualified him for entry into the military service had it been detected at that time; and (b) Does not disqualify him for retention in the military service (2) The criteria in section VIII, chapter I, will govern whether the member will be released from active duty with transfer to the IRR, or discharged. Separation will be accomplished within 72 hours following approval by the separation authority (para 1-32). (See para 1-7 for additional instructions on ARNGUS and USAR personnel.) (3) Members who do not meet the medical fitness. 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect 20 July 1984 – 14 December 1988, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-1 states unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status. b. Paragraph 5-11 states Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty or active duty for training for initial entry training may be separated. Such conditions must be discovered during the first 6 months of active duty. For character of service, paragraph 5-1 should be adhered to. c. Section II (Terms) of the Glossary defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. 4. 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. 5. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. It establishes the Army Physical Disability Evaluation System according to the provisions of Title 10, U.S. Code, chapter 61, and Department of Defense Directive 1332.18. It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations. The mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating. Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. Once a determination of physical unfitness is made, all disabilities are rated using the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD). a. Chapter 5, in effect at the time, provided for the expeditious discharge of enlisted personnel who were not qualified for retention on active duty by reason of physical disability which was neither incurred nor aggravated during any period in which the member was entitled to basic pay. b. Procedures under chapter 5, in effect at the time, stated that if the Soldier disagreed with the findings and recommendations of the MEB, the case would be referred to a physical evaluation board for a fitness determination and benefit entitlements. c. A Soldier was eligible to apply for an expeditious discharge if the Soldier agreed with the findings of the MEB that the physical disability EPTS and was not aggravated thereby. A Soldier could apply for an expeditious discharge after being informed of the circumstances and rights using a DA Form 2496. The commander having separation authority, who approved the action, would order prompt separation. d. Any Soldier processed under chapter 5 could not be considered for any disability benefits administered by the Army under Title 10, U.S. Code, chapter 61. 6. Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, appointment (including officer procurement programs), retention, and separation (including retirement). The Department of Veterans Affairs Schedule for Rating Disabilities (VASRD). VASRD is used by the Army and the VA as part of the process of adjudicating disability claims. It is a guide for evaluating the severity of disabilities resulting from all types of diseases and injuries encountered as a result of or incident to military service. This degree of severity is expressed as a percentage rating which determines the amount of monthly compensation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200008867 11 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1