IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150008571 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: 28 April 2016 DOCKET NUMBER: AR20150008571 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: 28 April 2016 DOCKET NUMBER: AR20150008571 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: * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Achievement Medal * Presidential Unit Citation * Reserve Officers Association of the United States Outstanding U.S. Army Reserve (USAR) Unit Award * item 14 (Military Education) – * AN/PSS-14 Mine Detector Training, 1 Week * Battlefield Anti-Intrusion System, AN/PRS-9A, New Equipment Training * Combat Trainer Course, 1 Week, October Training Academy * Route Reconnaissance and Clearance Course Operator, 2 Weeks * item 28 (Narrative Reason for Separation) – "DISABILITY, SEVERANCE PAY" instead of "COMPLETION OF REQUIRED ACTIVE SERVICE" 2. The applicant states: * his separation was a direct result of injuries sustained from an Operation Enduring Freedom deployment during 2010 through 2011, not the result of completion of required active service * a medical evaluation board (MEB) found him unfit for continued service based on the injuries from his deployment * the MEB was concluded in 2014 * the Department of Veterans Affairs (VA) informed him his DD Form 214 was in error and advised him as to how it affected his educational benefits * his DD Form 214 is missing personal and unit awards and training he completed * both his unit and the Warrior Transition Unit failed to update his DD Form 214 with the most accurate data * the discrepancies on his DD Form 214 are hindering him from using 100 percent of the Post-9/11 GI Bill 3. The applicant provides: * DD Form 214 * Reserve Components Soldier Medical Support Center memorandum, dated 5 March 2013, subject: MEB Packet Validation Complete * DA Form 3947 (MEB Proceedings), dated 17 May 2013 * DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 4 December 2013 * VA Rating Decision, dated 28 October 2013 * U.S. Army Physical Disability Agency memorandum, dated 15 January 2014, subject: Physical Disability Separation (Applicant) * U.S. Army Physical Disability Agency Orders D015-02, dated 15 January 2014 * Headquarters, 397th Engineer Battalion, memorandum, dated 12 January 2012, subject: 428th Engineer Mobility Augmentation Company (WRDDAA) Mission and Certification Statements * Headquarters, 397th Engineer Battalion, memorandum, dated 12 January 2012, subject: Nomination Memorandum for the 428th Engineer Mobility Augmentation Company (MAC) * DA Form 638 (Recommendation for Award) * four training certificates * U.S. Army Human Resources Command (HRC) Permanent Order 299-16, dated 25 October 2012 * DA Form 348 (Equipment Operator's Qualification Record) * DD Form 215 (Correction to DD Form 214) * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 4 May 2015 * Congressional correspondence, dated 10 July 2015 and 15 July 2015 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the USAR on 27 March 2008. 2. Headquarters, U.S. Army Garrison, Fort McCoy, Orders MC-278-0386, dated 5 October 2010, show he was ordered to deploy in support of Operation Enduring Freedom Afghanistan for a period not to exceed 349 days effective 11 October 2010 as a member of the 428th Engineer MAC. 3. His DA Form 2173 (Statement of Medical Examination and Duty Status), dated 16 March 2011, shows: * he was injured on 10 November 2010 in Afghanistan and he was transferred to Landstuhl Regional Medical Center, Germany * his injury was determined to be in the line of duty * he required surgery and the surgery was complicated by failure of the intramedullary screw with fragmentation of the base of the fifth metatarsal requiring tension band fixation * he required medical evacuation to the continental United States for continued convalescence and rehabilitation after surgical fixation of a left fifth metatarsal fracture 4. Landstuhl Regional Medical Center Orders A-03-105415, dated 16 March 2011, show he was medically evacuated to the U.S. Army Medical Department Activity, Fort Leonard Wood, MO, for further medical treatment. He was reassigned to the Warrior Transition Battalion in a temporary change of station status and directed to return to his permanent station upon completion of his treatment. 5. On 13 April 2011, his request for medical retention processing (MRP) evaluation was approved. 6. HRC Orders A-04-107951, dated 15 April 2011, retained him on active duty for an additional 60 days to participate in the Reserve Component Warriors in Transition MRP Program for completion of medical evaluation with an ending date of 13 June 2011. 7. His voluntary request for initial MRP was approved on 26 April 2011. 8. HRC Orders A-04-107951A01, dated 27 April 2011, amended Orders A-04-107951, dated 15 April 2011, to show his period of active duty as 13 days with an ending date of 27 April 2011. 9. HRC Orders A-04-108620, dated 27 April 2011, retained him on active duty for a period of 179 days to participate in the Reserve Component Warriors in Transition MRP Program for completion of medical care and treatment and assigned him to the Warrior Transition Battalion effective 28 April 2011. 10. Headquarters, U.S. Army Medical Command, Orders A-04-108620A01, dated 6 May 2011, amended HRC Orders A-04-108620, dated 27 April 2011, to show his period of active duty as 24 days with an ending date of 21 May 2011. 11. HRC Orders A-05-109391, dated 6 May 2011, retained him on active duty for a period of 155 days to participate in a Reserve Component medical hold transfer for completion of medical care and treatment and assigned him to the Warrior Transition Battalion Headquarters, Fort Knox, KY, and further attached him to the Community-Based Health Care Organization, Rock Island Arsenal, IL, with duty at his residence in Neenah, WI. 12. Headquarters, U.S. Army Garrison, Fort McCoy, Orders MC-278-0386(A2), dated 11 August 2011, amended Headquarters, U.S. Army Garrison, Fort McCoy, Orders MC-278-0386, dated 5 October 2010, to show his demobilization station as Fort Dix, NJ. 13. HRC Permanent Orders 244-01, dated 1 September 2011, announced award of the Valorous Unit Award to the 428th Engineer Company for the period 20 June 2010 through 15 April 2011. 14. HRC memorandum, dated 27 September 2011, subject: Request for Early Release from Active Duty (Applicant), approved his early release in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, no later than 27 October 2011. 15. On 18 October 2011, he was honorably released from active duty for completion of required active service and completion of medical care and treatment. His DD Form 214 does not show in: * item 13 – award of the Army Achievement Medal, Presidential Unit Citation, or Reserve Officers Association of the United States Outstanding USAR Unit Award * item 14 – completion of Combat Trainer Course, Phase I, Battlefield Anti-Intrusion System, AN/PRS-9A; New Equipment Training, AN/PSS-14 Mine Detector Operator's Couse, 40 hours; or Route Reconnaissance and Clearance Course 16. He provided a memorandum from the Commander, Headquarters, 397th Engineer Battalion, dated 12 January 2012, subject: Nomination Memorandum for the 428th Engineer Mobility Augmentation Company, wherein he nominated the unit for the Reserve Officers Association of the United States Outstanding USAR Unit Award (medium-sized unit) for the period 13 October 2010 to 19 August 2011. His records are void of and he failed to provide evidence the 428th Engineer Mobility Augmentation Company was selected as a recipient of this award. 17. He provided a memorandum from the Commander, Headquarters, 397th Engineer Battalion, dated 12 January 2012, subject: 428th Engineer Mobility Augmentation Company (WRDDAA) Mission and Certification Statement, wherein the commander certified the 428th Engineer MAC deployed in support of Operation Enduring Freedom from 13 October 2010 to 17 August 2011 and there were no units attached to the 428th Engineer MAC during the deployment. 18. HRC Orders A-05-306523, dated 2 May 2013, ordered him to active duty on 3 May 2013 for 1 day to participate in Reserve Component Managed Care-Evaluation/Disability Evaluation System-related medical appointments. 19. His DA Form 3947, dated 13 May 2013, shows an MEB found his degenerative multi-level disc and degenerative arthritic disease of the lumbar spine medically unacceptable and recommended his referral to a PEB. The MEB findings and recommendation were approved on 15 May 2013. On 17 May 2013, he concurred with the MEB findings and recommendation. 20. 428th Engineer MAC memorandum, dated 1 July 2013, subject: Award of the Army Good Conduct Medal, awarded him the Army Good Conduct Medal (1st Award) for the period 27 August 2010 to 10 October 2011. 21. His DA Form 638 shows 467th Engineer Battalion Permanent Order Number 467-208-004, dated 28 July 2013, awarded him the Army Achievement Medal with 1st Oak Leaf Cluster for the period 14 July 2013 to 29 July 2013. 22. He provided a copy of his VA Rating Decision, dated 28 October 2013, which shows the VA granted him a 10-percent disability rating for service-connected bursitis and tendinitis of the left elbow. 23. His DA Form 199, dated 4 December 2013, shows his case was processed as part of the Integrated Disability Evaluation System. The PEB: * found him unfit due degenerative multi-level disc and degenerative arthritic disease of the lumbar spine * recommended a 10-percent disability rating and separation with severance pay 24. On 10 December 2013, he concurred with the findings and recommendation of the PEB. 25. On 23 December 2013, the findings and recommendation of the PEB were approved. 26. U.S. Army Physical Disability Agency Orders D015-02, dated 15 January 2014, honorably discharged him from the USAR with a 10-percent disability rating effective 19 February 2014 under the provisions of Army Regulation  635-40 (Physical Evaluation for Retention, Retirement, or Separation). The additional instructions show he was authorized disability severance pay under the provisions of the National Defense Authorization Act of 2008, section 1646. 27. He provided the following training certificates: * Combat Trainer Course, Phase I, Course Number 004-13, 40 hours, 26 February through 3 March 2013 * Battlefield Anti-Intrusion System, AN/PRS-9A, New Equipment Training, 16 hours (unknown completion date) * AN/PSS-14 Mine Detector Operator's Couse, 40 hours, 11 June 2010 * Route Reconnaissance and Clearance Course – Operator, 80 hours, 19 April 2010 to 30 April 2010 28. On 27 May 2014, he was issued a DD Form 215 which added award of the Army Good Conduct Medal (1st Award) and Valorous Unit Award to his DD Form 214 for the period ending 18 October 2011. REFERENCES: 1. Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade, or rating because of a disability incurred while entitled to basic pay. 2. Army Regulation 635-40 establishes the Physical Disability Evaluation System 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. 3. Army Regulation 635-40, paragraph 4-24b(3), states that based upon final disposition of the U.S. Army Physical Disability Agency or the Army Physical Disability Appeal Board, the U.S. Army Physical Disability Agency will issue disposition instructions for separation for physical disability with severance pay under Title 10, U.S. Code, section 1201 or section 1204. 4. Army Regulation 40-501 (Standards of Medical Fitness), then in effect, provided information on medical fitness standards for induction, enlistment, appointment, retention, and related policies and procedures. Chapter 3 (Medical Fitness Standards for Retention and Separation, including Retirement) provided the standards for medical fitness for retention and separation, including retirement. Soldiers with medical conditions listed in this chapter were referred for disability processing. 5. The Fiscal Year 2008 National Defense Authorization Action, which became Public Law 110-181 on 28 January 2008, authorized an enhancement of disability severance pay for members of the Armed Forces. It states Military Departments shall ensure the appropriate severance pay is calculated in accordance with Title 10, U.S. Code, section 1212. 6. Army Regulation 140-1 (Army Reserve – Mission, Organization, and Training) provides policy guidance for the mission, organization, and training of the USAR. It states USAR troop program units with an authorized strength of 75 or less (small units) are eligible for the Reserve Officers Association of the United States Outstanding USAR Unit Award for small units. The Commanding General, U.S. Forces Command, will select one small unit, one company-size unit, and one large unit to receive this award. 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 7-3 states that all unit awards approved by authorized commanders and foreign governments, unit awards from other Services, and all campaign participation credits announced by authorized commanders, will be confirmed in Department of the Army General Orders. The Reserve Officers Association of the United States Outstanding USAR Unit Award is not listed as an authorized unit award. 8. Army Regulation 635-5 (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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. The instructions for completing the DD Form 214 stated: a.  Item 12b (Separation Date) is the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends, is extended for makeup of lost time, or is retained on active duty for the convenience of the government. b.  For item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations. c.  For item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 from the Enlisted Record Brief/Officer Record Brief. As an exception to full-time attendance, list Command and General Staff College and Senior Service Colleges completed by correspondence courses. Include title, length in weeks, and year completed. This information is to assist the soldier in job placement and counseling. Training courses for combat skills are not listed. DISCUSSION: 1. He was ordered to active duty prior to his deployment to Afghanistan; however, these orders are not available. His DD Form 214 shows he entered active duty on 20 August 2008. He was released from active duty for completion of required active service and completion of medical care and treatment on 18 November 2011. His DD Form 214 correctly shows his narrative reason for separation and his date of release from active duty. 2. Although he contends the narrative reason for separation listed on his DD Form 214 should be disability, severance pay. The findings and recommendations of his PEB were not approved until 23 December 2014. His discharge orders from the USAR were properly issued by the U.S. Army Physical Disability Agency on 15 January 2014 with an effective date of separation listed as 19 February 2014 and authorization for disability severance pay. 3. He contends his unit was awarded the Presidential Unit Citation and the Reserve Officers Association of the United States Outstanding USAR Unit Award. The evidence of record shows his unit was awarded the Valorous Unit Award for the period 20 June 2010 to 15 April 2011. Additionally, the Reserve Officers Association of the United States Outstanding USAR Unit Award is not listed in Army Regulation 600-8-22 as an authorized unit award. 4. Permanent orders awarded him the Army Achievement Medal with 1st Oak Leaf Cluster for the period 14 July 2013 through 29 July 2013. The medal was not awarded for service he performed during the period covered by his DD Form 214. 5. On 27 May 2014, he was issued a DD Form 215 which added award of the Army Good Conduct Medal (1st Award) and Valorous Unit Award to his DD Form 214. 6. Although he completed the Combat Trainer Course, Phase I; Battlefield Anti-Intrusion System, AN/PRS-9A, New Equipment Training; AN/PSS-14 Mine Detector Operator's Couse; and Route Reconnaissance and Clearance Course; these courses are combat training courses and are not listed on the DD Form 214 in accordance with Army Regulation 635-5. 7. The ABCMR does not correct records solely for the purpose of making an applicant eligible for veterans' or other benefits. Every case is individually decided based upon its merits. Additionally, granting veterans' benefits is not within the purview of the ABCMR. Any questions regarding eligibility for veterans' benefits should be addressed to the VA or appropriate State or Federal agency. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008571 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008571 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2