IN THE CASE OF: BOARD DATE: 27 September 2011 DOCKET NUMBER: AR20110005472 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 his narrative reason for separation be deleted from his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states: * The Army found sufficient evidence to change his character of service from general to honorable on 5 June 1998 * Item 28 (Narrative Reason for Separation) of his DD Form 214 still states "Disability not in the line of duty" * He was never charged in civilian or military court and no willful misconduct took place 3. The applicant provides his DD Form 214. 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. He enlisted in the Regular Army on 16 July 1986 for a period of 4 years. He completed his training and was awarded military occupational specialty 31V (tactical communications systems operator). 3. All the facts and circumstances surrounding the applicant’s discharge are not contained in the available records. However, his records contain a memorandum, dated 19 June 1990, which shows a request for retention was submitted for continued hospitalization/physical disability proceedings. His medical reason for retention was status post closed head injury with left parietotemporal contusion and diffuse brain insult. 4. On 20 June 1990, the request for retention was approved. His disability proceedings are not available. 5. Department of the Army Brooke Army Medical Center Orders, dated 17 May 1991, show he was discharged from the Army effective 20 May 1991 and his disability rating was none. 6. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(6), for disability, not in the line of duty, with a general discharge on 20 May 1991. 7. On 5 June 1998, the Army Discharge Review Board upgraded his general discharge to honorable. 8. He was issued a new DD Form 214 reflecting his honorable characterization of service. Item 25 (Separation Authority) of this DD Form 214 shows the entry "AR [Army Regulation] 635-40, PARA [paragraph] 4-24B(6)." Item 26 (Separation Code) shows the entry "JFP." Item 28 shows the entry, "DISABILITY, NOT IN THE LINE OF DUTY." 9. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code “JFP” is “Disability, Not in the Line of Duty” and the regulatory authority is Army Regulation 635-40, paragraph 4-24b(6). DISCUSSION AND CONCLUSIONS: Unfortunately, without the applicant's complete discharge packet/medical records/line of duty determination and in the absence of evidence to the contrary, it must be presumed the applicant’s narrative reason for separation was administratively correct and in conformance with applicable regulations. BOARD VOTE: ________ ________ ________ 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 that 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. ABCMR Record of Proceedings (cont) AR20110005472 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110005472 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1