IN THE CASE OF: BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20160004840 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: 4 January 2018 DOCKET NUMBER: AR20160004840 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: 4 January 2018 DOCKET NUMBER: AR20160004840 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 a medical discharge. 2. The applicant states, in effect, he was in a Reserve component and volunteered to deploy to Iraq. He suffered a training injury at Fort Hood, Texas, that prevented him from deploying and he was eventually released from active duty (REFRAD). His DD Form 214 does not mention or reflect the training injury. He is trying to get Department of Veterans Affairs (VA) education benefits; however, without an amended DD Form 214 showing he was REFRAD due to the injury, he can only get partial education benefits. He suffered a full thickness tear of his right rotator cuff which caused him to be REFRAD. 3. The applicant provides a copy of the accident report and his DD Form 214 for the period ending 10 May 2005. CONSIDERATION OF EVIDENCE: 1. Following prior service in the Regular Army and United States Marine Corps, the applicant enlisted in the New York Army National Guard (NYARNG) on 9 January 2003. 2. On 30 April 2004, the Office of the Adjutant General, State of New York, issued Orders 121-708 mobilizing the applicant in support of Operation Iraqi Freedom for a period not to exceed 560 days with a report date of 15 May 2004. 3. A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 12 July 2004, states he injured his right shoulder while riding on the back of a truck when it made a sudden stop. He was referred to the troop medical clinic for further examination, a formal line-of-duty investigation (LODI) was not required, and the injury was considered to have been incurred in line of duty (ILOD). 4. On 14 July 2004, the applicant completed a DA Form 285 (Accident Report) that indicated, on 13 June 2004, he was on the back of a truck attending drivers training when it made a sudden stop, causing him to injure his right shoulder. 5. On 28 July 2004, the installation Adjutant General reviewed the LODI for completeness and determined it to be ILOD. 6. His Standard Form 600E (Chronological Record of Medical Care), dated 30 July 2004, shows, in part, a magnetic resonance imaging confirmed a full thickness tear of the right supraspinatus muscle and surgery was pending. 7. Subsequently, on that same date, a memorandum from his attending physician to the Reserve Component (RC) Case Management, Darnell Army Community Hospital, Fort Hood, TX, shows the applicant was found not fit for duty and was not expected to return to duty until approximately 61 to 90 days. It further shows a diagnosis of a full thickness tear of his right supraspinatus. Surgical treatment was recommended and he was issued a temporary profile. 8. On 5 August 2004, the U.S. Army Human Resources Command (HRC) issued Orders A-08-407868 retaining the applicant on active duty for a period of 179 days in order to voluntarily participate in the RC medical retention processing program (MRPP) for completion of medical care and treatment. 9. Orders A-08-407868A01, issued by HRC, amended A-08-407868 to show the period of active duty as 358 days, including accumulated leave, and with an end date of 26 July 2005. 10. He was honorably REFRAD on 10 May 2005. His DD Form 214 shows he was transferred to a United States Army Reserve (USAR) unit to complete his service remaining obligation. He had completed 11 months and 26 days of net active service this period. It further shows he was assigned a separation code of LBK (Completion of Required Active Service). 11. Orders A-08-407868R, issued by HRC, rescinded the unexecuted portion of active duty Order A-08-407868, dated 5 August 2004. 12. Orders 021-1059, dated 21 January 2009, show the ARNG issued the applicant a General Discharge Certificate and assigned him to the USAR Control Group, Individual Ready Reserve (IRR), effective 28 August 2009. 13. Orders D-01-901460, honorably discharged him from the USAR on 27 January 2009. REFERENCES: 1. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) prescribes release from active duty upon termination of enlistment and other periods of active duty or active duty for training. Personnel released from active duty (AD) and transferred to the USAR upon completion of the term of service for which ordered into active Federal service, or released to their RC upon completion of AD. These Soldiers will not be discharged until completion of their reserve obligation. 2. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214 (Certificate of Release or Discharge from Active Duty). It further shows the SPD code LBK indicates completion of required active service. DISCUSSION: 1. The evidence of record shows the applicant was issued orders that retained him on active duty from 3 August 2004 to 10 May 2005 to participate in the RC MRPP for the purpose of medical treatment, medical evaluation, and processing through the physical disability evaluation system (PDES), if applicable. Once medical treatment was completed the applicant was REFRAD and transferred to his RC unit. There is no known requirement to reflect an injury on the DD Form 214, unless a Soldier is processed through the PDES and receives a disability rating. 2. Contrary to his contention that his DD Form 214 should reflect his injury during training for deployment, the evidence of record shows he was honorably REFRAD under the provisions of AR 635-200, Chapter 4, with a separation code of LBK, and he completed his required active service. All requirements of law and regulation were met and his rights were fully protected throughout the separation process. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004840 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004840 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2