IN THE CASE OF: BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150016847 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 April 2017 DOCKET NUMBER: AR20150016847 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 April 2017 DOCKET NUMBER: AR20150016847 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, in effect, correction of his records to show he was demobilized and released from active duty following an injury that rendered him unfit for further service, an injury that was incurred while serving on active duty. 2. The applicant states he was injured in the line of duty. He was activated and then discharged because he was not fit to serve because of his injury. He has records to show he was demobilized for the medical issue. His DD Form 214 (Certificate of Release or Discharge from Active Duty) doesn't show this and it has created problems for his certificate of eligibility. He received benefits for 15 years and now this has become an issue all of a sudden. 3. The applicant provides: * DD Form 689 (Individual Sick Slip), dated 20 October 1990 * DD Form 1150 (Request for Issue or Turn-in), dated 18 January 1991 * Standard Form 558 (Emergency Care and Treatment), dated 21 October 1990 * Order 09-(illegible), issued by Headquarters (HQ), 96th U.S. Army Reserve (USAR) Command, dated 17 January 1991 * DA Form 1380 (Record of Individual Performance of Reserve Duty Training), dated 9 March 1991 * Order 64-013 issued by HQ, 96th USAR Command, dated 4 June 1991 * Order 127-040 issued by HQ, 96th USAR Command, dated 7 October 1991 * Department of Veterans' Affairs (VA) Summary of Benefits letter, dated 6 October 2015 * DD Form 2586 (Verification of Military Experience and Training) 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. The applicant enlisted in the Colorado Army National Guard (COARNG) on 19 November 1986. He entered initial entry training on 20 January 1987 at Fort Dix, NJ. He completed training and was awarded military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic). 3. He was released from active duty on 26 June 1987 and returned to the control of the COARNG. He was issued a DD Form 214 for this period of active duty service. His record is void of any additional DD Forms 214. 4. Orders 31-7 issued by the COARNG on 28 February 1988 show he was discharged from the COARNG on 5 February 1988 and reassigned to the USAR Control Group (Annual Training). He was issued a National Guard Bureau Form 22 (Report of Separation and Record of Service) from the COARNG for his ARNG service from 19 November 1986 to 5 February 1988. 5. Orders C-08-042647 issued by the USAR Personnel Center on 30 August 1989 show the applicant was relieved from the USAR Control Group (Annual Training) on 2 September 1989 and reassigned to Company A, 3rd Battalion, 87th Infantry Regiment. This unit was a USAR troop program unit located in Pueblo, CO, under the command and control of the 96th USAR Command. 6. The applicant provided partially legible orders issued by HQ, 96th USAR Command, on 17 January 1991. These orders show he was reassigned to the 1st U.S. Army Maneuver Training Command effective 16 January 1991 by reason of "non-deployable – reassignment." 7. Orders 20-073 issued by HQ, 96th USAR Command, on 6 February 1991 reassigned him from Company A, 3rd Battalion, 87th Infantry Regiment, to Detachment 2, 96th USAR Command, effective 6 February 1991 by reason of "non-deployable – reassignment." 8. Orders 64-013 issued by HQ, 96th USAR Command, on 4 June 1991 released him from assignment to Detachment 2, 96th USAR Command, and reassigned him to Company A, 3rd Battalion, 87th Infantry Regiment, effective 1 June 1991 by reason of "demobilization – reassignment." 9. Orders 127-040 issued by HQ, 96th USAR Command, on 7 October 1991, released him from assignment to Company A, 3rd Battalion, 87th Infantry Regiment, and reassigned him to the USAR Control Group (Reinforcement) effective 22 June 1991 by reason of "cogent personal reasons." 10. Orders D-11-401307 issued by the USAR Personnel Center on 22 November 1994 honorably discharged him from the USAR effective 22 November 1994. 11. His record is void of any evidence showing he was injured during a period of active military service or demobilized from active duty as a result of injury. His record is absent any evidence of a line-of-duty (LOD) investigation and determination. 12. The applicant provides: a. a DD Form 689, dated 20 October 1990, showing he reported medical concerns with his wrist injured while fixing a flat tire on active duty; b. a Standard Form 558, dated 21 October 1990, showing he reported he injured his arm about a year ago when a truck fell on his forearm, the rest of the information is illegible; c. a DD Form 1150, dated 18 January 1991, showing he turned in a bayonet; d. a DA Form 1380, dated 9 March 1991, showing he received credit for retirement points on 17 and 18 January 1991; e. a DD Form 2586, dated 1 July 2012, showing his periods of USAR and ARNG service, skill levels, and occupation descriptions from the American Council on Education for awarded MOSs; and f. his VA Summary of Benefits, dated 6 October 2015, showing he is receiving VA benefits and compensation for service-connected injuries. The letter also shows a period of active duty from 20 January 1987 to 26 June 1987. REFERENCES: 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 established the standardized policy for preparing and distributing the DD Form 214. It provided that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Members of the ARNG receive a DD Form 214 when separated: a. for physical disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), regardless of the period of time served on active duty; b. after completing 90 days or more of continuous active duty training, full-time training duty, or active duty support; c. after completing initial active duty for training which resulted in the award of an MOS, even though the active duty was less than 90 days. This includes completion of advanced individual training under the ARNG alternate training program or USAR split training program; and/or d. from special active duty training program tour, (i.e., tours for projects relating to Reserve Component programs that require Reserve Component expertise, such as unit conversions to new weapons systems). DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he was demobilized due to an injury incurred on active duty. He contends not having the injury listed on his DD Form 214 has created problems for his certificate of eligibility. 2. The applicant provides medical information showing he reported injuries or was treated for injuries, dating between 1990 through 1991. The Standard  Form 558, dated 21 October 1990, shows he stated he injured his arm about a year prior to that date. Therefore, it appears the injury occurred in 1989 when he presumably was a member of the USAR. 3. There is no evidence the applicant reported injuries, received treatment for injuries, or had an LOD investigation completed in 1989. Furthermore, his record is void of any evidence showing he was injured during a period of active military service or demobilized from active duty as a result of injury. 4. The applicant was issued a DD Form 214 for a period of active Federal service ending 26 June 1987. His record is void of evidence showing additional periods of active service. His record shows he remained a member of the ARNG and USAR until he was honorably discharged on 22 November 1994. 5. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. His 1987 DD Form 214 appears to accurately reflect his status as of his date of release from active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016847 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2