RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20080002333 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

Member
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be paid for reserve drills from 24 July 1987 to 7 August 1987.

2.  The applicant states, in effect, that while attending annual training under U.S. Code, Title 32, section 503, from 24 July 1987 to 7 August 1987, he was injured in both hands as a result of burns on 27 July 1987, and was subsequently treated at the unit aid station and the troop medical clinic.  He further states that he was not paid full active duty pay for this period of annual training and was not sent a letter explaining to him how to get paid.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DA Form 2173 (Statement of Medical Examination and Duty Status), dated 28 July 1987.

	b.  DA Form 2823 (Sworn Statement), dated 27 July 1987.

	c.  National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 21 September 1980.

	d.  Undated Incapacitation Pay Fact Sheet.

	e.  Memorandum, dated 25 August 1987, Approved Line Duty Determination.

	f.  DA Form 4187 (Personnel Action), dated 3 June 1989, Request for transfer to the Inactive National Guard.

	g.  DA Forms 2166-6 (Enlisted Evaluation Report) for the periods 198410 to 198509; 198510 to 198609; and 198610 to an undetermined end date.

	h.  DA Form 4187, dated 31 August 1989, Discharge from the Army National Guard.

	i.  Army National Guard Retirement Credits Record, dated 1 May 1988.

	j.  Leave and Earnings Statements for the period January 1987 through December 1989.
	k.  DA Forms 2139 (Military Pay Voucher) for the periods 22 July 1987 to 7 August 1987 and 8 August 1987 to 15 September 1987.

	l.  NGB Form 23a (Army National Guard Current Annual Statement), dated 27 November 1989.

4.  On 10 April 2008, by fax, the applicant provided the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Report of Separation from Active Duty), dated 15 January 1978.

	b.  Memorandum, dated 19 September 1989, Separation Request.

	c.  Patient Health Status Form, Brighton, Massachusetts, dated, 31 May 1985.

	d.  Statement of Incapacitation, MAARNG, The Adjutant General's Office, Boston, Massachusetts.

	e.  2007 Wage and Tax Statement.

	f.  Undated DA Form 285 (U.S. Army Investigation Accident Report).

	g.  Several duplicate documents that had already been submitted by the applicant in his original request.

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.  The applicant's record shows that he enlisted in the Massachusetts Army National Guard (MAARNG) for a period of 6 years on 22 September 1977.  He was ordered to active duty on 15 January 1978, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 94B (Food Service Specialist).  He was honorably released from active duty and reverted back to his ARNG status on 27 April 1978.

3.  The applicant's record further shows that he reenlisted in the MAARNG for a period of 6 years on 22 September 1983.  The highest rank/pay grade he attained during his military service was staff sergeant (SSG)/E-6.  

4.  The applicant was ordered to annual training during the period 24 July 1987 through 7 August 1987, at Camp Grayling, Michigan.  His record indicates that he reported on 22 July 1987.  He was assigned to Headquarters and Headquarters Battery, 1st Battalion, 10th Field Artillery, Boston, Massachusetts. 

5.  The applicant's DA Form 2173 shows that on 27 July 1987, the applicant suffered second and third degree burns to both hands, and the right arm, when an M-2 gas burner ignited a gas leak developed and the applicant attempted to clear it.  He was treated at the 114th Medical Battalion aid station and was evacuated to the troop medical clinic, Grayling, Michigan, for further treatment and evaluation.  The incident was considered to have been incurred in the line of duty.

6.  The applicant's Standard Form 600 (Chronological Record of Medical Care), dated 27 July 1987, shows that the applicant was treated for burns.  The military doctor remarked that the applicant should absolutely return to the troop dispensary before complications of the burns occur and that his burns restricted his ability to cook and be in the field. 

7.  On 25 August 1987, by memorandum, addressed to the applicant's commander, the Deputy Director of Personnel, The Adjutant General's Office, MAARNG, Boston, Massachusetts, returned the line of duty determination without action and requested submission of either an NGB Form 102-10 (Certification of Military Duty), together with supporting medical documentation, if the Soldier was not incapacitated, or submission of a disposition form showing that the Soldier returned to duty and no incapacitation pay was authorized.

8.  The applicant's ARNG Retirement Credits Record shows that he performed 17 days of active duty training during the period from 22 July 1987 to 7 August 1987.

9.  On 2 May 1989, the applicant was transferred to the inactive National Guard and on 21 September 1989, he was discharged from the MAARNG.

10.  The applicant's record contains two DA Forms 2139 (Military Pay Vouchers) as follows:

	a.  Voucher Number 111818, that shows the applicant was entitled to and was paid by check number 6399275, the amount of $796.27, for the period 22 July 1987 to 7 August 1987 (his annual training period); and

	b.  Voucher Number 110410, that shows the applicant was entitled to and was paid by check number 6484839, the amount of 2,169.11, for the period 8 August 1987 to 15 September 1987 (Incapacitation Pay).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to be paid for reserve drills during the period from 24 July 1987 to 7 August 1987

2.  The evidence of record confirms that the applicant was ordered to annual training from 24 July 1987 to 7 August 1987.  He reported to his unit on 22 July 1987 and was a member of his MAARNG unit, performing annual training during the period 22 July 1987 to 7 August 1987 when he was injured.  He was treated at the local troop clinic and returned to duty as evidenced by the fact that he received retirement credit for this period of training.  Furthermore, he received full pay for this period as evidenced by military pay voucher number 111818.

3.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  Therefore, he is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.



							XXX
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080002333



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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