BOARD DATE:  30 June 2016

		DOCKET NUMBER:  AR20150011366


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:  30 June 2016

		DOCKET NUMBER:  AR20150011366


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:  30 June 2016

		DOCKET NUMBER:  AR20150011366


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) or the issuance of a new DD Form 214 to show his injury was incurred in the line of duty (LOD).

2.  The applicant states that his DD Form 214 should show his LOD determination so that the Department of Veterans Affairs (VA) hospital will take care of him.

3.  The applicant provides a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 7 February 2013 and LOD notification, dated 12 February 2013.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the California Army National Guard on 28 August 2012.  He was ordered to active duty for training, effective 9 October 2012.  

2.  On 10 January 2013, the applicant was treated at Moncrief Army Community Hospital for an injury that was incurred while he was in basic training.  He was diagnosed with tendonitis achilles and his DA Form 2173 states the injury was incurred in the LOD.

3.  An LOD investigation was reviewed for completeness and based on the LOD investigation, dated 12 February 2013, it was determined the injury was incurred in the LOD.

4.  On 9 March 2013, the applicant was released from active duty (REFRAD) upon completion of his required active service.

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The regulation stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.  It stated that once a DD Form 214 had been issued, do not reissue except for the following reasons: 

   a.  when directed by proper appellate authority, Executive Order, or by the Secretary of the Army; 

   b.  when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214) or if the correction would require issuance of more than two DD Forms 215; or

   c.  when two DD Forms 215 have been issued and an additional correction is required. 

DISCUSSION:

1.  Army Regulation 635-5 established standardized policy for the preparation of the DD Form 214.  The regulation stated that the DD Form 214 is a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.  There are no provisions for amending a DD Form 214 or issuing a new DD Form 214 to show that an injury was incurred in the LOD.

2.  The VA is not within the purview of this Board.  The applicant is advised to contact his local or Regional VA Office regarding VA related issues.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20150011366



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150011366



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2