BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20170000294 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: 19 December 2017 DOCKET NUMBER: AR20170000294 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: 19 December 2017 DOCKET NUMBER: AR20170000294 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 military service records to show he was medically discharged. 2. The applicant states his military service record should be corrected to show he was medically discharged based on his bravery, heroism, integrity, and loyalty in protecting and defending U.S. citizens. He also states the formal line of duty investigation pertaining to the injuries he suffered during an incident that occurred on 26 December 1996 was approved by the Commanding General, III Corps and Fort Hood, TX. 3. The applicant provided a copy of his line of duty investigation. 4. On 25 July 2017, The Director, Case Management Division, Army Review Boards Agency, notified the applicant in order for the Army Board for Correction of Military Records (ABCMR) to consider his application, he must provide copies of his military medical records and all other records that support his stated issue. There is no evidence the applicant provided any additional records or evidence in support of his application. 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 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 Regular Army (RA) on 29 August 1995 for a period of 3 years. a. Upon completion of training he was awarded military occupational specialty (MOS) 57E (Laundry and Shower Specialist). b. He was assigned to the 157th Quartermaster Service Company, Fort Hood, TX, from 29 December 1995 to 19 February 1999. 3. A DD Form 261 (Report of Investigation – Line of Duty and Misconduct Status), dated 20 February 1997, with allied documents, shows the applicant was assaulted (and robbed) by two unidentified personnel on Fort Hood, TX, at about 2200 hours on 26 December 1996, when he was returning from the post main shoppette to his barracks. He sustained a closed head injury and a chin laceration. He was treated at Darnell Army Community Hospital, Fort Hood and released. a. The investigating officer found the injuries were incurred "In Line of Duty." b. On 10 March 1997, the Deputy Adjutant General, under the authority of the Commanding General, III Corps and Fort Hood, Fort Hood, TX, approved the finding of "In Line of Duty." 4. The applicant reenlisted in the RA on 21 November 1997 for a period of 4 years. a. He was promoted to specialist four/pay grade E-4 on 29 November 1997. b. He was assigned to the 540th Quartermaster Company, Schofield Barracks, HI, from 20 February 1999 to 20 November 2001. 5. A review of the applicant's military personnel records failed to reveal medical evaluation board or physical evaluation board proceedings. 6. A "Corrected Copy" of Headquarters, 25th Infantry Division (Light) and U.S. Army Hawaii, Schofield Barracks, HI, Orders 219-0002, dated 7 August 2001, as amended by Orders 296-0001, dated 23 October 2001, released the applicant from active duty not by reason of physical disability on 20 November 2001 and transferred him to Detachment 1, 340th Quartermaster Company Field Service (Direct Support), San Antonio, TX. 7. A DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214) issued on 31 August 2016, shows the applicant entered active duty this period on 29 August 1995, was honorably released from active duty on 20 November 2001 based on completion of required active service, and transferred to Detachment 1, 340th Quartermaster Company Field Service (Direct Support), San Antonio, TX. He had completed 6 years, 2 months, and 22 days of net/total active service this period that included 2 years, 9 months, and 1 day of foreign service. 8. Headquarters, 90th Regional Support Command, North Little Rock, AR, Orders 02-316-00053, dated 12 November 2002, reassigned the applicant from the 340th Quartermaster Company Field Service (Direct Support), San Antonio, TX, to the U.S. Army Reserve Control Group (Reinforcement), St Louis, MO, effective 12 November 2002, based on "unsatisfactory participation." REFERENCES: 1. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) sets forth policies, responsibilities, and procedures 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. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform because of his or her office, grade, rank, or rating. Separation by reason of disability requires processing through the disability evaluation system. The Army's determination of a Soldier's physical fitness or unfitness is a factual finding based on the individual's ability to perform the duties of his or her grade, rank, or rating. If the Soldier is found to be physically unfit, a disability rating is awarded by the Army and is permanent in nature. 2. The Army system requires that the Soldier be rated as the condition(s) exist(s) at the time of the physical evaluation board hearing. The Department of Veterans Affairs (VA), and some other government agencies, may find a Soldier unfit by reason of a service-connected disability and may even assign a disability rating after separation. Such ratings are based on an individual's ability to gain employment as a civilian and may fluctuate within a period of time depending on the changes in the disability. DISCUSSION: 1. The applicant contends that he should have been separated from military service with a medical discharge based on an unfitting medical condition(s). 2. Records show the applicant sustained injuries on 26 December 1996 and the injuries were found to be in line of duty. Subsequent to his injuries, he: a. continued to serve on active duty with his unit at Fort Hood, TX, for more than 2 years; and b. reenlisted and continued to serve on active duty for a period of 4 years, he: * was promoted to specialist four/E-4 * was reassigned and served with a unit at Schofield Barracks, HI, for more than 2 years and 9 months 3. There is no evidence of record that shows the applicant had an unfitting physical or medical condition during his military service that precluded him from reasonably performing the duties of his office, grade, rank, or rating. 4. The applicant was released from active duty based on completion of his active service obligation, not by reason of physical disability, and he was transferred to a Reserve unit. There is no evidence indicating he did not have the ability to perform the duties of his grade/rank and MOS at that time. 5. Both the statutory and regulatory guidance provide that the Army rates only conditions determined to be physically unfitting that were incurred or aggravated during the period of service. Furthermore, the condition(s) can only be rated to the extent that the condition(s) limit(s) the performance of duty. The VA (and some other government agencies) provides compensation for disabilities which it determines were incurred in or aggravated by active military service, including those that are detected after discharge, and which impair the individual's industrial or social functioning. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000294 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000294 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2