IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012383 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012383 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. _____________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: 11 August 2016 DOCKET NUMBER: AR20150012383 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in– a. item 4a (Grade, Rate, or Rank): Specialist. b. item 4b (Pay Grade): E4. c. item 11 (Primary Specialty): Field Radio Tech, Canine Handler, Armored Vehicle Operator and Mechanic, and Field Medical Specialist. d. Item 12c (Net Active Service This Period): 10 months and 3 days. e. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Canine Handler, Field Medical Certification, Armored Vehicle Operator and Mechanic Certification, "Para Assault certification", and Airborne Certification. f. item 14 (Military Education): should show training listed in items 11, 12, and 13. g. item 17 (Member was Provided a Complete Dental Exam and All Appropriate Dental Services and Treatment within 90 days Prior to Separation): Dental exam was not performed due to lost medical records, etc. h. item 18 (Remarks): Computer Matching Data for DoD records and other agencies records should be included to verify full and complete information pertaining to his case. i. Item 28 (Narrative Reason for Separation): Should reflect at the time of discharge he was unable to perform full active duties due to still having shrapnel embedded in his left leg as well as a tear in tendon of left knee due to a piece of shrapnel which had already been removed. 2. The applicant states that: a. His record of service in item 12 of his DD Form 214 should be corrected to include his One Station Unit Training (OSUT) time as well as training exercises and certifications. He participated in reservist maneuvers in the delayed entry program (DEP). Records of maneuvers were not listed on the DD Form 214 due to multiple non-disclosure agreements. b. Because of the incorrect information on his DD Form 214 he is not allowed to be seen at the local Department of Veterans Affairs (VA) office for proper medical treatment. 3. The applicant provides a copy of his DD Form 214. 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. A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the U. S. Army Reserve (USAR) for a period of 8 years on 27 September 1999. He enlisted in the Regular Army (RA) for a period of three years on 20 June 2000 and entered active duty on that date. 3. The applicant's discharge processing documentation is not available for review. His DD Form 214 shows he was discharged as a private/E-1 on 19 December 2000 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, failure to meet procurement medical fitness standards. He had completed 5 months and 21 days of net active duty his period. His service was uncharacterized. He was not awarded a military occupational specialty (MOS). His awards are shown as the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars. 4. His service medical records are not available for review. 5. There are no available military personnel records showing he served any other periods of active duty service. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, states in paragraph 2-1 that 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 DISCUSSION: 1. The available evidence shows the applicant enlisted in the USAR on 27 September 1999. He enlisted in the RA on 20 June 2000 and entered active duty on that date. 2. He was discharged on 19 December 2000 after serving 5 months and 21 days of active duty service. 3. There is no available evidence to support any of the applicant's requested corrections to his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012383 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012383 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2