IN THE CASE OF:
BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100021975
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 correction of his 19 May 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was medically discharged.
2. He states his DD Form 214 doesn't indicate he received a medical discharge and he never received a DD Form 215 (Correction to DD Form 214).
3. He provides his 19 May 1991 DD Form 214 and discharge orders from the Army National Guard of the United States (ARNGUS).
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 enlisted in the Army National Guard on 18 July 1986. He completed one-station unit training at Fort Benning, GA, from 21 May 1987 to 28 August 1987 and was awarded military occupational specialty 11B (Infantryman).
3. He served on active duty from 30 November 1990 to 19 May 1991 in support of Operations Desert Shield/Desert Storm.
4. His 19 May 1991 DD Form 214 shows he was released from active duty on 19 May 1991 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4, at his expiration of term of service. This discharge document shows a separation program designator (SPD) code of "LBK" (Expiration of Term of Service).
5. On an unknown date, he was evaluated by a medical evaluation board (MEB). The MEB proceedings are not available. He was referred to a physical evaluation board (PEB).
6. On 25 February 1993, an informal PEB found him unfit for military service due to chronic right knee pain status post resection of a torn meniscus [a crescent-shaped cartilage disk cushioning the end of a bone where it meets another bone in a joint, especially in the knee].
7. Based on a review of the medical evidence of record, the PEB concluded that his medical condition prevented him from performance of duty in his grade and specialty. The PEB recommended that he be separated with severance pay at a 10-percent combined disability rating. He concurred with the recommendations and waived a formal hearing of his case.
8. Orders D 54-6, dated 23 March 1993, discharged him from the ARNGUS and from the Reserve of the Army on 23 March 1993 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of physical disability with severance pay.
9. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was honorably discharged from the ARNGUS on 23 March 1993 under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-26, by reason of being medically unfit for retention standards.
10. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 doesn't indicate he received a medical discharge. However, the evidence of record does not indicate that an error or injustice exists in this case.
2. His service record shows he served in the ARNGUS from 18 July 1986 through 23 March 1993. During this period, he served on active duty in support of Operations Desert Shield/Desert Storm from 30 November 1990 to 19 May 1991. He was issued a DD Form 214 which shows he was released from active duty under the provisions of Army Regulation 635-200, chapter 4, at his expiration of term of service.
3. A 25 February 1993 informal PEB found him unfit for military service for chronic right knee pain at a combined 10-percent disability rating. As a result, he was honorably discharged from the ARNGUS under the provisions of Army Regulation 635-40 due to disability with severance pay. He was issued an NGB Form 22 which shows he was honorably discharged under the provisions of Army Regulation 635-40 by reason of physical disability with severance pay.
4. Based on Army Regulation 635-5, the DD Form 214 is meant to reflect his status on active duty from 30 November 1990 to 19 May 1991. Since he underwent physical disability processing subsequent to his period of active duty, there is no basis for amending his 19 May 1991 DD Form 214 to show he was medically discharged.
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 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) AR20100021975
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ABCMR Record of Proceedings (cont) AR20100021975
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