IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150004429 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 April 1992 and issuance of a DD Form 215 (Correction to DD Form 214) to show her: * total U.S. Army Reserve (USAR) service * awards and decorations 2. The applicant states: a.  It is unjust that the Georgia Department of Veterans Affairs (VA) has and continues to harass her regarding her total service time up to and through her temporary disability retirement and permanent disability retirement placement. b.  A local scandal developed during her divorce about the authenticity of her permanent disability retirement. She has been in "MHT" (presumed to mean mental health therapy) three times in less than 3 years over this problem and harassment. c.  Her last officer in charge told her to let others know she can speak better than write. d.  She was injured in the line of duty, placed on the Temporary Disability Retired List (TDRL), and subsequently retired due to permanent disability. e.  She has never received a DD Form 215 accounting for her record of service in the USAR. f.  She has a cognitive disorder and post-traumatic stress disorder. g.  The VA wants a DD Form 214 to account for the time between her placement on the TDRL and her permanent disability retirement. She has sought the assistance of the 81st USAR Command at Fort Jackson, SC. Her DD Form 214 is continuously being demanded when she does not understand the process. 3. The applicant provides: * two DD Forms 214 * TDRL orders * annual training orders * DA Form 2173 (Statement of Medical Examination and Duty Status) * DA Form 3975 (Military Police Report) * DA Form 199 (Physical Evaluation Board (PEB) Proceedings) * DA Form 3947 (Medical Evaluation Board (MEB) Proceedings) * letter orders * TDRL retention memorandum * permanent disability retirement orders * three Chronological Statements of Retirement Points * DA Form 638 (Recommendation for Award) * Army Review Boards Agency letter, dated 19 August 2014 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the USAR under the Delayed Entry Program (DEP) on 5 March 1976. On 15 April 1976, she was honorably discharged from the USAR for immediate enlistment in the Regular Army. On 16 April 1976, she enlisted in the Regular Army. 3. On 13 April 1979, she was honorably discharged. Her DD Form 214 for this period shows in: * item 18c (Total Active Service) – 2 years, 11 months, and 28 days * item 18d (Prior Inactive Service) – 1 month and 11 days (her DEP time) * item 20 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 4. After having a break in service, she enlisted in the USAR on 21 June 1983. 5. On 22 December 1989, she was issued a Chronological Statement of Retirement Points in lieu of a DA Form 1383 (Annual or Terminal Statement of Retirement Points) that includes her USAR service for the period 21 June 1983 through 20 June 1984. 6.  On 21 January 1992, she was ordered to active duty in support of Operations Desert Shield/Desert Storm. 7. She provided a DA Form 638, dated 27 March 1992, showing she was awarded the Army Achievement Medal for the period June 1991 through March 1992. This form also shows she was previously awarded the: * Army Service Ribbon * Army Good Conduct Medal * Army Reserve Components Overseas Training Ribbon (5th Award) * Army Reserve Components Achievement Medal * National Defense Service Medal 8. On 17 April 1992, she was honorably released from active duty. Her DD Form 214 for this period shows in: * item 12c (Net Active Service This Period) – 00  02  23 * item 12d (Total Prior Active Service) – 03  05  29 * item 12e (Total Prior Inactive Service) – 00  00  00 * item 12f (Foreign Service) – 00  00  00 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Army Achievement Medal * Army Service Medal 9. Headquarters, 81st USAR Command, Orders 124-114, dated 2 April 1992, ordered the unit and its members to annual training for the period 9 May 1992 to 24 May 1992. 10. Her DA Form 2173, dated 18 May 1992, shows she was injured in a motor vehicle accident on 11 May 1992 and admitted to the 130th Station Hospital, Worms, Germany. Her injury occurred in the line of duty. 11. On 13 January 1993, she underwent an MEB which referred her to a PEB. 12. On 3 February 1993, a PEB found her unfit; however, since her unfitting condition was not stabilized, she was placed on the TDRL effective 18 March 1993. 13. On 17 March 1998, she was removed from the TDRL and permanently retired due to a disability with a 70-percent disability rating. 14. Item 9 (Awards, Decorations, and Campaigns) of her DA Form 2-1 (Personnel Qualification Record – Part II) which she reviewed on 25 June 1986 shows she was awarded or authorized the: * Army Service Ribbon * Army Reserve Components Overseas Training Ribbon (3rd Award) * Army Good Conduct Medal (1st Award) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 15. Her DA Form 2-1 which she reviewed in 1992 shows in: * item 5 (Overseas Service) – * Panama from 26 June 1988 to 16 July 1988 * Korea from 14 April 1990 to 28 April 1990 * Turkey from 28 September 1991 to 19 October 1991 * Panama from 22 April 1984 to 4 May 1984 * Panama from 17 March 1985 to 30 March 1985 * Panama from 8 March 1986 to 22 March 1986 * item 9 – * Army Service Ribbon * Army Good Conduct Medal (1st Award) * Army Reserve Components Overseas Training Ribbon (5th Award) * Army Reserve Components Achievement Medal (2nd Award) * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 16. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. a.  The regulation stated a DD Form 214 would be issued after completing 90 days or more of continuous active duty training, full-time training duty, or active duty support. A DD Form 214 would also be issued after completing initial active duty for training which resulted in the award of a military occupational specialty, even though the active duty was less than 90 days. b.  The instructions stated for: * item 12c – enter the amount of service for the period * item 12d – enter the total amount of prior active military service less lost time, if any * item 12e – enter the total amount of prior inactive service, less lost time, if any * item 12f – enter the total amount of foreign service completed for the period covered in item 12c * item 13 – enter awards for all periods of service (check the Soldier's records for validity of awards) c.  A DD Form 215 would be issued to correct erroneous entries on an issued DD Form 214. 17. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides that an individual may be placed on the TDRL (for the maximum period of 5 years allowable by Title 10, U.S. Code, section 1210) when it is determined that the individual's physical disability is not stable and he or she may recover and be fit for duty, or the individual's disability is not stable and the degree of severity may change within the next 5 years so as to change the disability rating. Following reevaluation, and once it has been determined that the individual’s medical condition has stabilized, the individual could ultimately be found fit; permanently retired, providing his or her final disability rating was 30 percent or higher; or, in cases where the final disability rating was less than 30 percent, entitled to disability severance pay. Only individuals whose final disability rating is 30 percent or higher are considered permanently retired by reason of physical disability. 18. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. Award of marksmanship badges is not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant's DD Form 214 for the period ending 13 April 1979 was a properly-constituted document. 2. Her DD Form 214 for the period 21 January 1992 through 17 April 1992 covered a period of less than 90 days. However, since this form was issued to her, it should show her correct information. This DD Form 214 should be corrected to show her inactive service for the period 21 June 1983 through 17 April 1992. 3. She was placed on the TDRL on 18 March 1993 and she was permanently retired due to disability on 17 March 1998. 4. Although the applicant contends the VA is requesting a DD Form 214 to cover her service between her placement on the TDRL and her permanent disability retirement, there is no service credit for this time period. Members on a Retired List are retired and not performing duty. She can use this Record of Proceedings to clarify any questions about her military service. 5. Records show she was awarded the Army Good Conduct Medal (1st Award), Army Reserve Components Overseas Training Ribbon (4th Award), Army Reserve Components Achievement Medal with one bronze service star, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). These awards and badges should be shown on her DD Form 214 for the period ending 17 April 1992. 6. While the applicant requests correction of her records for the purpose of qualifying for VA benefits, the ABCMR does not grant requests solely for the purpose of making an applicant eligible for veterans' benefits. Every case is individually decided based upon the evidence presented. Granting veterans' benefits is not within the purview of the ABCMR. Therefore, any questions regarding eligibility for VA benefits should be addressed to the VA. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 for the period ending 17 April 1992 to show in: * item 12e – 8 years, 9 months, 28 days * item 13 – * Army Good Conduct Medal (1st Award) * Army Reserve Components Overseas Training Ribbon (5th Award) * Army Reserve Components Achievement Medal with one bronze service star * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) ____________x___________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20150004429 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004429 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1