IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150012085 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150012085 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding the DD Form 214 issued on 10 December 1999 and b. issuing the applicant a new DD Form 214 incorporating the following corrections: * 4a (Grade, Rank, Rate), private two (PV2) * 4b (Pay Grade), E-2 * 6 (Reserve Obligation Termination Date), 00 00 00 * 11 (Primary Specialty), 11B Infantryman, 5 months * 12b (Separation Date This Period), 8 May 1987 * 12c (Net Active Service This Period), 8 months and 19 days * 12h (Effective Date of Pay Grade), 20 February 1987 * 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), Army Achievement Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Badge Qualification with Grenade Bar * 18 (Remarks), a remark showing the date on which this DD Form 214 is administratively reissued * 23 (Type of Separation), Discharge * 25 (Separation Authority), Army Regulation 635-40, paragraph 4–24b(3) * 26 (Separation Code), JFL * 27 (Reentry Code), 4 * 28 (Narrative Reason for Separation), Physical Disability with Severance Pay 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. _____________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. IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150012085 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 on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in block: * 4a (Grade, Rank, Rate), private two (PV2) * 4b (Pay Grade), E-2 * 12a (Date Entered Active Duty (AD) This Period), 23 May 1986 * 12b (Separation Date This Period), 8 May 1987 * 12c (Net Service This Period), 12 months * 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), to show an Army Achievement Medal, Cadre Support Award, and promotion to E-2 * 23 (Type of Separation), medical * 28 (Reason for Separation), injured in the line of duty 2. The applicant states he believes his DD Form 214 contains a number of inaccuracies and it was not completed until he requested a copy in 1999. He was not given a DD Form 214 at the time of his discharge in 1987. He did not complete his period of active duty training (ADT). 3. The applicant provides copies of a: * 23 May 1986 DD Form 4 (Enlistment/Reenlistment Document) * 23 May 1986 Military Entrance Processing Station Orders 106-9 * 21 November 1986 DD Form 214 issued on 10 December 1999 * 20 March 1987 DA Form 199 (Physical Evaluation Board (PEB)) * 31 March 1987 DA Form 4187 (Personnel Action) * 24 April 1987 Certificate of Achievement * 30 June 1987 Army Achievement Medal Certificate * 5 May 1987 U.S. Army Infantry Center and Fort Benning Orders 86-24 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 U.S. Army Reserve (USAR) on 23 May 1986 and was ordered to active duty for training effective 20 August 1986. 3. On 11 September 1986, during basic combat training (BCT), the applicant was seriously injured when the 2 and 1/2 ton truck he was riding in overturned. 4. On 6 February 1987, the applicant requested and was approved for retention on active duty pending completion of a Medical Evaluation Board (MEB). 5. An 11 March 1987 MEB found the applicant was suffering from the following conditions: * a closed fracture of the left radius and ulna * ruptured spleen * concussion with loss of consciousness * left lower lobe pleural effusion * multiple contusions and abrasions * mild viral hepatitis * viral syndrome 6. A 31 March 1987 DA Form 4187 shows the applicant was advanced to PV2/E-2 effective 20 February 1987. A note on this form states the applicant was not advanced previously due to "being erroneously departed from his current unit because he was in the hospital." 7. A 20 March 1987 PEB found the applicant unfit for duty due to a closed fracture of the left radius and ulna with a 10 percent disability evaluation. The PEB was approved on 7 April 1987. 8. On 24 April 1987, the applicant received a Certificate of Achievement for being selected as the Support Cadre of the Cycle for Cycle Number 16-87. 9. U.S. Army Infantry Center Orders 86-24, dated 5 May 1987, reassigned the applicant to the separation transfer point for discharge effective 8 May 1987. 10. On 30 July 1987, the applicant was issued an Army Achievement Medal Certificate for his period of service with Company C, 3rd Battalion, 1st Infantry Training Brigade, from 20 August 1986 through 14 April 1987. 11. His DA Form 2-1 shows the following: a. enlistment in the USAR on 23 May 1986; b. ordered to active duty on 20 August 1986; c. released from active duty on 21 November 1986; d. completion of the 13-week 11B Infantryman course in 1986; and e. award of the Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Hand Grenade Bar. 12. On 10 December 1999, a DD Form 214 was issued. It appears it was issued based on the original self-terminating orders and the applicant's incomplete DA Form 2-1 (Personnel Qualification Record - Part II). It provides the following at: * 4a (Grade, Rank, Rate), private * 4b (Pay Grade), E-1 * 6 (Reserve Obligation Term Date), 22 May 1994 * 11 (Primary Specialty), 11B Infantryman, 3 months * 12a (Date Entered Active Duty), 20 August 1986 * 12b (Separation Date This Period) , 21 November 1986 * 12c (Net Active Service This Period), 3 months and 2 days * 12e (Total Prior Inactive Service), 2 months and 27 days * 12h (Effective Date of Pay Grade), 23 May 1986 * 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), "Marksmanship Badge Rifle, M-16// Marksmanship Badge Grenade" * 14 (Military Education), Infantryman, 13 weeks, 86 * 18 (Remarks), "DD Form 214 was administratively issued on 10 December 99" * 23 (Type of Separation), Release from ADT * 24 (Character of Service), Honorable * 25 (Separation Authority) Self terminating orders #106-9 dated 23 May 1986 * 26 (Separation Code), NA * 27 (Reentry Code), NA * 28 (Narrative Reason for Separation), Completion of period of ADT REFERENCES: 1. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 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. A Soldier found unfit because of physical disability with a less than 30 percent disability evaluation, maybe discharged for a disability with severance pay. 2. Army Regulation 635–5–1 (Personnel Separations, Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the separation program designator (SPD) codes to be entered on DD Form 214. An SPD of JFL is utilized for a discharge due to physical disability with severance pay under Army Regulation 635–40, para 4–24b(3). 3. The Separation Program Designator (SPD)/Reentry (RE) Codes Cross -Reference Table states an SPD JFL carries an RE code of 4. 4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states: a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. b. Approval documentation must be present for transition processing to occur. All source documents should be in place to complete the DD Form 214. If approval documentation is not present in a Soldier's records, action will be coordinated with the necessary activity (personnel service division, Assistant Chief of Staff for Personnel/Adjutant General, or chain of command) for proper source documents. c. The following documents are used when preparing a DD Form 214 for enlisted personnel: (1) Enlisted Record Brief, Enlisted Qualification Record, or Personnel Qualification Record; (2) Separation approval authority documentation, if applicable. (3) Separation order; or (4) Any other document authorized for filing in the Official Military Personnel File. d. For the entry at block 6 (Reserve Obligation Termination Date), for a Soldier discharged, dismissed, or dropped from the Army rolls, or with an expired military service obligation, enter "00 00 00." e. For the entry of a Soldier's primary specialty enter the titles of all MOSs or AOC’s served, during the current period, for at least 1 year and include for each MOS/AOC the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training (AIT). f. Awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier's records. Do not use abbreviations. g. For the block 23 entry enter the appropriate term from the list below: * Release from active duty * Discharge * Retirement * Release from active duty and order to active duty in another status * Release from ADT * Release from custody and control of the Army * Release from ADT and discharge from the Reserve of the Army and return to the ARNG DISCUSSION: 1. The applicant was advanced to PV2/E-2, effective 20 February 1987. Based on this advancement. The entries at blocks 4a, 4b, and 12h of the DD Form 214 he was issued do not reflect the advancement. 2. The applicant was discharged and as such he would have had no remaining service obligation; therefore, block 6 should show 00 00 00. 3. The applicant served on active duty for 8 months and 19 days. At the time, BCT and AIT were a combined course 13 weeks in duration. Subtracting this period from his total period of active service shows the applicant likely served in MOS 11B for 5 months. Due to the error in his total period of active service, the DD Form 214 lists his service as only 3 months in this MOS. Block 11 should show MOS 11B, Infantryman, 5 months. 4. The period between a USAR Soldier's enlistment date and the date of entry on active duty is not included in the period recorded in block 12a because it is not active duty time. The current entry in block 12a is correct. 5. The date in block 12b on the DD Form 214 issued in 1999 is the date the applicant would have been released from active duty had he not been injured and retained on active duty for medical processing. The correct date for this entry is 8 May 1987 as shown on his separation orders. 6. The applicant served on active duty for a period of 8 months and 19 days not the 3 months and 2 days shown on the DD Form 214. The entry for block 12c should show 8 months and 19 days. 7. The applicant enlisted on 23 May 1986 but did not enter active duty until 20 August 1986. Only a Soldier's period of active service is shown in blocks 12a, 12b, and 12c. Inactive service is shown in block 12e and is correctly shown on the 1999 DD Form 214. 8. The block 12h entry is the date of his enlistment. He was advanced to PV2 effective 20 February 1987, which should be shown in block 12h. 9. The applicant's promotion to E-2 is not an award and it should not be shown in block 13 of the DD Form 214; 12h is the block reflecting a promotion date. 10. The evidence of record shows the applicant qualified as a marksman with the rifle and hand grenade while in BCT, which are shown on his DD Form 214. 11. In addition to the marksmanship qualification badges the applicant's record also contains a Certificate of Achievement and an Army Achievement Medal certificate. Only the Army Achievement Medal is authorized to be included on the DD Form 214. The Army Achievement Medal should be added to the DD Form 214. 12. The applicant was not released from active duty but was discharged due to a physical disability with separation pay. Block 23 of his DD Form 214 should read Army Regulation 635-40, paragraph 4–24b(3). 13. The SPD for a Soldier discharged for physical disability with separation pay is JFL and the RE code is 4. The DD Form 214 should reflect these entries and block 26 and 27, respectively. 14. The narrative reason for the applicant's separation was not completion of ADT but physical disability with severance pay. Block 28 should reflect the true reason for his separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012085 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012085 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2