BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002292 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 BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002292 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. BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002292 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 the following: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 19 June 2010 to show in item 12c (Net Active Service This Period) a credit of 4 years and 9 months * an increase in his 2015 disability rating 2. The applicant states he served in the Army from 20 September 2005 to 19 June 2010, which equals 4 years and 9 months. He was awarded a 50 percent disability rating on 4 August 2015. 3. The applicant provided no additional evidence. 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 the cases 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 sufficient bases to waive the statute of limitations. 2. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 8 August 2005. He was discharged from the DEP on 19 September 2005. 3. He enlisted in the Regular Army on 20 September 2005 and he held military occupational specialty 35M (Human Intelligence Collector). He served in Iraq from 7 December 2007 to 19 February 2009. 4. He was honorably released from active duty on 19 June 2010, under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Separations), paragraph 16-7, do to reduction in force. He was transferred to the USAR Control Group (Reinforcement). His DD Form 214 lists in items: * 12a (Date Entered AD [Active Duty] This Period) – 20 September 2005 * 12b (Separation Date This Period) – 19 June 2010 * 12c – "0004-09-00" (4 years and 9 months) * 29 (Dates of Time Lost During This Period) – None 5. His record is void of any evidence he was processed under the Army Integrated Disability Evaluation System (IDES) and/or awarded an Army disability rating during his period of active duty. 6. Orders D-08-313354, issued by the U.S. Army Human Resources Command on 13 August 2013, honorably discharged him from the USAR effective the date of the orders. 7. On 18 January 2017, the Case Management Division, Army Review Boards Agency, requested the applicant provide a copy of his Army military medical record and any other records that supported his stated issues. He did not respond. REFERENCES: 1. AR 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations. Paragraph 16-7 stated Soldiers could be separated prior to expiration of enlistment or fulfillment of active duty obligation when authorization limitations, strength restrictions, or budgetary constraints required the Regular Army or Reserve Component active duty enlisted force to be reduced in number, the Secretary of the Army, or his/her designee, could authorize voluntary or involuntary early separation. 2. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated items: * 12a – would list the beginning date of the continuous period of active duty for issuance of the DD Form 214 * 12b – would list the Soldier's transition (separation) date * 12c – would list the amount of service that period, computed by subtracting item 12a from 12b, less time lost * 29 – would list the amount of time lost in years, months, days, during the period covered by the DD Form 214 3. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), establishes the Army IDES and 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. Chapter 4 of the regulation states: a. The guidance on processing through the IDES, which includes the convening of a medical evaluation board (MEB) to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status. If the MEB determines a Soldier does not meet retention standards, the case will be referred to a physical evaluation board (PEB). b. The PEB evaluates all cases of physical disability equitably for the Soldier and the Army. The PEB investigates the nature, cause, degree of severity, and probable permanency of the disability of Soldiers whose cases are referred to the board. It also evaluates the physical condition of the Soldier against the physical requirements of the Soldier's particular office, grade, rank, or rating. Finally, it makes findings and recommendations required by law to establish the eligibility of a Soldier to be separated or retired because of physical disability. 4. Title 38, U.S. Code, sections 1110 and 1131, permits the Department of Veterans Affairs (VA) to award compensation for disabilities which were incurred in or aggravated by active military service. However, an award of a VA rating does not establish entitlement to an Army rating. DISCUSSION: 1. The applicant served on active duty from 20 September 2005 to 19 June 2010, a period of 4 years and 9 months. He was separated by a reduction in force. By regulation, items 12a and b of his DD Form 214 correctly show his beginning and separation dates. Item 12c of this form shows the correct total service between those two dates. 2. There is no evidence that shows the applicant was processed through the Army IDES and/or awarded a disability rating during his period of active duty. 3. The VA awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. Many Soldiers are separated with conditions that are not considered unfitting for military service at the time of processing for separation. These same conditions may qualify a Soldier for VA benefits based on an evaluation by that agency. The VA does not determine medical unfitness for further military service. As such, an award of a VA rating does not establish entitlement to an Army rating. Operating under its own policies and regulations, the VA awards a rating because a medical condition is related to service (service connected). He appears to have been evaluated for service-connected medical conditions by the VA and then awarded a disability rating for those medical conditions. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002292 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002292 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2