ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  17 May 2019

	DOCKET NUMBER:  AR20160013230


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show he was separated due to medical reason.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 199 (Informal Physical Evaluation Board (PEB) Proceedings)
*	Documents from the Department of Veterans Affairs

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his DD Form 214 does not reflect that he was discharged due to 
a service-connected disability.  This determination was made by the Army and VA.  He 
was honorably discharged and authorized severance pay.  He merits 100 percent for 
educational benefits; however, he is currently listed at 80 percent due to his DD Form 
214 not reflecting a medical separation.   

3.  The applicant enlisted in the United States Army Reserve on 20 November 2009 and 
was ordered to initial active duty for training (IADT).  He entered active duty on                  
5 July 2010.  

4.  On 18 August 2012, the applicant was honorably released from active duty due to 
completion of required active service and transferred back to his unit.  He was awarded 
military occupational specialty 68W (Health Care Specialist).  He was issued a            
DD Form 214 for this period of service.

5.  On 24 September 2012, an informal PEB found the applicant physically unfit and 
recommended a rating of 20 percent and separation with severance pay.

6.  Orders D039-05, issued by U.S. Army Physical Disability Agency, dated                     
8 February 2013, shows the applicant was honorably released from the USAR.  The 
orders show the applicant is authorized severance pay based on three years of service 
and a 20 percent disability rating.

7.  There is no official documentation or other evidence in the applicant's available 
records that show he completed any periods of active duty over 90 days subsequent to 
his completion of IADT on 18 August 2012.
8.  On 7 March 2019, the Army Review Boards Agency (ARBA) medical advisor/ 
psychologist provided an advisory opinion.  The ARBA medical advisor concluded a 
review of the available documentation found no evidence of a medical disability or 
condition that would support a change to the character, reason, rated condition(s), 
disability determination(s), disability rating(s), and/or combat-relatedness for the 
discharge in this case.  A copy of the complete medical advisory was provided to the 
Board for their review and consideration.

9.  On 13 March 2019, the applicant was provided a copy of the advisory opinion and 
given an opportunity to submit comments, but he did not respond.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized 
policy for preparing and distributing the DD Form 214.  This regulation states, in 
pertinent part, that a DD Form 214 would be issued at the time of separation to all 
personnel, to include USAR Soldiers, after completing 90 days or more of continuous 
active duty for training (ADT), full-time training duty (FTTD), or active duty support.  The 
purpose of the separation document was to provide the individual with documentary 
evidence of his or her military service at the time of release from active duty, retirement, 
or discharge.  It is important that information entered on the form be complete and 
accurate and reflects the conditions as they existed at the time of separation.  
BOARD DISCUSSION:

After review of the application and all evidence, including the Army Review Board 
Agency Medical Advisory, the Board determined there is insufficient evidence to grant 
relief.  The Board found no evidence of a medical disability or condition that would 
support a CHANGE to the character, reason, rated conditions,
disability determinations, disability ratings, and/or combat-relatedness for the
discharge in this case.  The Board further found that there is insufficient evidence to 
recommend a change in the PEB fitness determination for any of the contended 
conditions and so no additional disability ratings recommended.  The VA properly 
provided him support and benefits for service connected medical concerns.?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


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.


	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy 
for preparing and distributing the DD Form 214.  This regulation states, in pertinent part, 
that a DD Form 214 would be issued at the time of separation to all personnel, to 
include USAR Soldiers, after completing 90 days or more of continuous active duty for 
training (ADT), full-time training duty (FTTD), or active duty support.  The purpose of the 
separation document was to provide the individual with documentary evidence of his or 
her military service at the time of release from active duty, retirement, or discharge.  It is 
important that information entered on the form be complete and accurate and reflects 
the conditions as they existed at the time of separation.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160013230
	
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