Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110003968
Original file (20110003968.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  2 February 2012

		DOCKET NUMBER:  AR20110003968 


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 he be awarded additional drill points for the period 16 June - 1 September 1999.  He is also requesting the Army Reserve Components Achievement Medal (ARCAM) based on the additional drill points requested.

2.  The applicant states he sustained a line of duty injury on 16 June 1999 and was unable to drill or perform his civilian duties until he was returned to duty on 
1 September 1999.  He contends that during this period, he was placed on workman's compensation for pay but was not allowed to accumulate drill points which caused him to have a "bad year."  He continues that as he is getting closer to receiving his 20-Year Letter, he is appreciating the value of having drill points for retirement purposes.  He is requesting to be awarded points for two drills per day for the period he was injured.  He further contends that when an active duty service member is injured, the military does not place the Soldier on workman's compensation.  The service member is given a profile and continues to accumulate pay, benefits, and service time as they recover.

3.  The applicant provides a letter from the Department of the Army Office of the Inspector General (IG), DA Form 2173 (Statement of Medical Examination and Duty Status), a medical record, and employer statements.  

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.  After having had prior service in the Regular Army, it appears the applicant enlisted in the U.S. Army Reserve (USAR) and subsequently enlisted in the Utah Army National Guard (UTARNG).  He stated that he is currently serving in the U.S. Navy Reserve.

3.  His exact service dates of service in the USAR and in the UTARNG cannot be confirmed based on the available documentation.

4.  A DA Form 2173, dated 17 June 1999, indicates that on 16 June 1999 while in an active duty for training status he was injured when, while attempting to clear a jammed round on an M-60 Machinegun, the round exploded.  The injury was found to be incurred in line of duty.

5.  In the processing of this case, an advisory opinion was obtained from the National Guard Bureau, Chief, Personnel Policy Division.  This office recommends disapproval of the applicant's request and states:

	a.  Per email from the UTARNG, the Soldier was injured during annual training.  The injury prevented him from reporting to his civilian job and from attending drill which also discontinued the accrual of drill points.  It is the Soldier's belief he was receiving workman's compensation during the period 16 June - 
1 September 1999.

	b.  According to the Line of Duty Module and the UTARNG, the Soldier was receiving incapacitation pay (Tier I) not workman's compensation.  Under the 
Tier I category, the Soldier received full wages during the convalescent period.

	c.  If the Soldier is still a member of the UTARNG, he can make the year up and earn the additional points needed for retirement purposes.  Based on the fact that the Soldier is not eligible to receive the retirement points in question, he does not qualify for the ARCAM at this time.

	d.  The State concurs with this recommendation. 

6.  The advisory opinion was provided to the applicant for comments and/or rebuttal.  No response was received.

7.  He provided a letter from the Department of the Army IG in which he was informed that the matters presented were not IG appropriate and he was advised to apply to this Board.  

8.  Army Regulation 135-381 (Incapacitation of Reserve Component Soldiers) provides that members authorized incapacitation pay under Title 37 U.S. Code, section 204(g) will not be allowed to attend inactive duty training (IDT) periods or to acquire retirement points for drills.  However, a member may earn retirement points in order to satisfy the requirements for a qualifying year of service by completing correspondence courses.

9.  There are two tiers associated with incapacitation pay:

	a.  Tier I refers to claims by Soldiers who are unfit to perform their military duties as a result of an injury, illness, or disease caused by military service.  A determination of fitness for duty must be made by a military medical physician.  Eligible Soldiers are paid full military pay and allowances, less any civilian earned income received during the month of the claim, and are not eligible to draw retirement points.

	b.  Tier II refers to claims by Soldiers who are determined fit to perform their military duties by a military medical physician, but who are unable to perform their civilian jobs and can demonstrate a loss of civilian earned income.  Eligible Solders will be reimbursed for lost civilian earned income up to full military pay and allowances and are eligible to draw retirement points.

10.  DODI 1241.2, paragraph 6.2.1.1.2, states Soldiers authorized incapacitation pay "will not be allowed to attend inactive duty training periods or to acquire retirement points for drills."  This applies to members unable to perform military duty (tier 1 cases).

11.  Army Regulation 600-8-22 (Military Awards) states the ARCAM is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 
4 years of qualifying service on or after 3 March 1972 and before 28 March 1995. Beginning on 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer's service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant suffered an injury on 16 June 1999 that led to his receipt of incapacitation pay.  Being unable to perform military duties placed him in Tier I, which prevented him from attending drills and/or receiving retirement points for drills during the contested period.

2.  There is no evidence showing he completed any correspondence courses during the contested period.  Therefore, there is no evidence supporting his contention that he should be awarded additional drill points.

3.  Based on the fact that the exact dates of his services in the USAR and UTARNG cannot be established, there is insufficient evidence to support awarding him the ARCAM at this time.

4.  Based on the foregoing, there is no basis to grant the requested relief.

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)                                         AR20110003968



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003968



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100021637

    Original file (20100021637.txt) Auto-classification: Denied

    The applicant requests credit of 20 qualifying retirement points toward nonregular retirement during the retirement year ending (RYE) 6 April 2003. The applicant's records show she enlisted in the U.S. Army Reserve (USAR) on 7 April 1989, thus establishing her RYE as 6 April of each year. However, a member may earn retirement points in order to satisfy the requirements for a qualifying year of service by completing correspondence courses.

  • ARMY | BCMR | CY2011 | 20110023859

    Original file (20110023859.txt) Auto-classification: Denied

    f. he believes an extension of the 6-month limit for INCAP pay is warranted since the length of time for the process to be completed (from REFRAD in October 2008 to disability retirement in May 2011) was not due to any fault or lack of effort of his own. A memorandum issued by the Walson Army Medical Support Element, Fort Dix, NJ, dated 30 September 2008, states: * The applicant would be REFRAD and returned to his unit of assignment * He was on active duty for 25 days or less with a...

  • ARMY | BCMR | CY2002 | 2002082762C070215

    Original file (2002082762C070215.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, the applicant requests that his records be corrected to show that he was in an active duty status from 18 August 1995, the date that he injured his shoulder, until 6 April 2001, the date of his discharge from the Army Reserve because of his physical disability, and that he be awarded retroactive pay and allowances for that period. On 17 October 1996 the applicant's unit administrator requested that the commander of the applicant's basic training unit complete...

  • ARMY | BCMR | CY2010 | 20100013170

    Original file (20100013170.txt) Auto-classification: Denied

    Counsel contends the applicant's request to be placed on an ADME was wrongfully disapproved and that the ADME program is available to Soldiers who incur an injury or aggravate a previous illness or disease in the LOD during duty and require medical treatment/evaluation for more than 30 days. The applicant was ordered to active duty from the U.S. Army Reserve (USAR) on 4 December 2000 for a period of 139 days. There is no evidence of record which shows the applicant filed a claim for...

  • ARMY | DRB | CY2005 | 20050007590

    Original file (20050007590.doc) Auto-classification: Approved

    Counsel requests that the applicant's records be corrected to show that (1) he did not fraudulently request and obtain unauthorized military pay and benefits; (2) he did not improperly receive medical care at government expense; (3) he did not fail to provide evidence that his injury was aggravated while in a duty status; (4) he did not erroneously receive incapacitation pay; (5) the Army National Guard (ARNG) properly reimbursed him and his private insurer for out-of-pocket medical expenses...

  • CG | BCMR | Disability Cases | 2004-128

    Original file (2004-128.pdf) Auto-classification: Denied

    This final decision, dated March 17, 2005, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a Reservist who injured his wrist while plowing snow on base on November 19, 2000, argued that, following his injury, his command should have placed him on active duty so that he could be processed under the Coast Guard’s Physical Dis- ability Evaluation System (PDES) for a disability retirement. After the applicant was found to be NFFD on May 9, 2002, he “was...

  • ARMY | BCMR | CY2003 | 03094856C070212

    Original file (03094856C070212.doc) Auto-classification: Approved

    By 14 August 2001 the Alabama Army National Guard resolved the issue of the applicant’s home of record and initiated a formal line of duty investigation to determine if injuries sustained by the applicant as a result of the March 1999 motor vehicle accident were considered to have occurred in the line of duty. He noted that his “staff has processed incapacitation pay from March 1999 to June 1999 for which he [the applicant] was entitled and [was] coordinating with the medical treatment...

  • ARMY | BCMR | CY2010 | 20100011945

    Original file (20100011945.txt) Auto-classification: Denied

    The applicant requests, in effect, his records be corrected to count the period of time between 1 May 2007 and 26 January 2009 as active service and that he be so compensated. The form shows: * he requested ordinary leave for Thursday 8 March 2007 and Friday 9 March 2007 * He indicated his leave address as XXXX Morningside Drive, NW, Washington, DC * he departed on ordinary leave at 0001 hours, on 8 March 2007 * he was granted a 2-day extension on Saturday, 10 March 2007 * he returned to...

  • ARMY | BCMR | CY1995 | 9509652C070209

    Original file (9509652C070209.TXT) Auto-classification: Approved

    The applicant requests, in effect, that his records be corrected to reflect entitlement to incapacitation pay, payment of incurred medical expenses and disability retirement. According to medical statements from a medical association in Dallas, Texas the applicant sought non-emergency medical treatment for injuries resulting from his motor vehicle accident on 17 August, 28 August, 14 October and 9 November 1992. That all of the Department of the Army records related to this case be...

  • ARMY | BCMR | CY2006 | 20060004288C070205

    Original file (20060004288C070205.doc) Auto-classification: Approved

    The applicant provided a letter, dated 22 February 2006, from the National Guard Bureau which states that since the determination of his Report of Investigation was changed to “In Line of Duty” this qualifies him for incapacitation pay for the period 16 October 1999 to 1 November 2003. Army Regulation 135-381 states, in pertinent part, that Soldiers are entitled to a portion of the same monthly pay and allowances as is provided members of the Active Army with corresponding grade, length of...