IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20160019570 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: 5 September 2018 DOCKET NUMBER: AR20160019570 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: 5 September 2018 DOCKET NUMBER: AR20160019570 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 that his Reserve time be included on his DD Form 214 (Report of Separation from Active Duty). 2. The applicant states that, at the time of his release, he signed an agreement with his commanding officer to do his Reserve time on active duty due to the fact that his the military occupational specialty (MOS), automotive mechanic, was needed. There was no change from his job on active duty. His active duty release date was 22 December 1981. He received a corrected DD Form 214 from the National Archives and Records Center (NARA) in 2015. NARA stated they would assist him in any way they could but to date they have not. He requests that his benefits be increased from 10%, because they left out the Reserve time. He has now reached 60 years of age. 3. The applicant provides copies of his: * DD Form 214 * Wisconsin Department of Transportation receipt * Department of Veterans Affairs disability compensation sheet 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. With 161 days of inactive Reserve service under the delayed entry program, the applicant enlisted on 1 June 1976. He completed training with award of the MOS 63H (Automobile Repairman). 3. On 31 May 1979, he was released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). 4. On 28 October 1981 the applicant transferred to the USAR Control Group (Ready Reserve). 5. On 22 December 1981, he was discharged from the USAR Control Group (Ready Reserve). 6. The applicant provided a letter from the Department of Veterans Affairs (VA) indicating he was in receipt of a 10 percent disability evaluation. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. The authority granted by Title 10, U.S. Code, section 1552 (Correction of Military or Naval Records) is not unlimited. The ABCMR has the authority to correct only Army records. The Board has no authority to correct records created by the Department of Defense, other branches of the Services, Department of Veterans Affairs, or any other governmental agency. DISCUSSION: 1. A DD Form 214 is issued to record a period of active duty service, which begins upon entry onto active duty and ends with a Soldier's REFRAD and there is no provision to include any post active duty Reserve service on the form after the end date of active duty. 2. The available record contains no evidence that the applicant served on active duty following his 31 May 1979 REFRAD. 3. The applicant's VA disability evaluation percentage is not under the purview of the ABCMR. Operating under its own policies and regulations, the VA awards ratings because a medical condition is related to service, i.e., service-connected. Furthermore, the VA can evaluate a veteran throughout his lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019570 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019570 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2