ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 8 October 2019 DOCKET NUMBER: AR20190008508 APPLICANT REQUESTS: Correction of his record to show he was awarded the Montgomery GI Bill (MGIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter, dated 10 February 2019 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 (ABCMR) 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 he was not able to use his MGIB because of his Post-Traumatic Stress Disorder (PTSD) and shrapnel injuries. 3. A review of the applicant’s available official records from the National Personnel Records Center (DD Form 214 (Certificate of Release or Discharge) show the following on: * 22 September 1987 – the applicant enlisted in the Regular Army * 18 September 1990 – the applicant was discharged from active duty with a general, under honorable conditions characterization of service (upgraded on 11 June 1996), DD Form 214 shows in: * item 12c (Net Active Service this Period) 2 years, 11 months, and 27 days * item 25 (Separation Authority) Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b * item 28 (Narrative Reason for Separation) Patterns of Misconduct 4. The applicant provides: a. A self-authored letter to the board of Veterans appeals that states: (1) He was writing to ask for their reversal of the unfavorable decision to not refund the $1,200.00 he paid into the MGIB, and to change the decision to a favorable one. After being seriously injured by grenade shrapnel during Operation Just Cause he had the war syndrome now called PTSD after being eight feet from a grenade when it exploded. He was court-martialed for causing the incident and not clearing his squad automatic weapon prior to performing weapons maintenance as ordered by his squad leader. They were not used to cleaning weapons with live ammo before. It was an accident and he has suffered for years because of it. (2) After being court-martialed and separated from the service with an other than honorable discharge, he was homeless and suffering from PTSD for years. Finally, after years of requests for a discharge upgrade he was left with one year plus to use his MGIB. He remained homeless and suffering from PTSD beyond the year 2000 and was not in shape mentally to attend school or be around large groups of people. b. City Rescue Mission letter stating the applicant was a resident from 1995-2003. 5. Title 38 USC, section 3031 states, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement expires at the end of the 10-year period beginning on the date of such individual’s last discharge or release from active duty. The 10-year period shall not run under the following conditions: * detained by a foreign government or power after their last discharge or release from active duty * experienced an illness, disability or hospitalized at a military, civilian, or Department of Veterans Affairs medical facility that prevented them from attending school BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service and the reason for his separation (pattern of misconduct) in 1990. The Board found the applicant’s character of service was upgraded in 1996. The Board considered the City Rescue Mission letter provided by the applicant. The Board did not find evidence of the injury or other medical conditions the applicant identifies in his statement or evidence of his payment into the MGIB. The Board determined that benefits requested by the applicant are administered under the law that provides authorities for the VA, but not for this Board. Based on a preponderance of evidence, the Board determined that the ABCMR cannot make a correction to address the applicant’s issue. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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): N/A ? 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 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. Title 38 USC, section 3031 states, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement expires at the end of the 10-year period beginning on the date of such individual’s last discharge or release from active duty. The 10-year period shall not run under the following conditions: * detained by a foreign government or power after their last discharge or release from active duty * experienced an illness, disability or hospitalized at a military, civilian, or Department of Veterans Affairs medical facility that prevented them from attending school //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190008508 2 1