IN THE CASE OF:
BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130002361
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 records to show he was retired due to medical disability due to injuries sustained on active duty. He also requests all the awards to which he is entitled.
2. The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) was not properly completed at the time of his discharge. He has received his awards, but his corrected records and DD Form 214 were never received. He has requested this information multiple times in the past and he was told the corrected records would be provided to him, but to date he has not received the corrected records. He is in need of veteran's services/benefits that have been denied due to these errors.
3. The applicant provides:
* his DD Form 214
* Orders 111-0231, issued by Headquarters, III Corps, Fort Hood, TX, dated 21 April 1999
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 Regular Army on 30 May 1997. He held military occupational specialty 91B (Medical Specialist).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
a. item 5 (Overseas Service) he served in Korea from 28 November 1997 through 28 November 1998, and
b. item 9 (Awards, Decorations and Campaigns) he was awarded or authorized the:
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
4. On 2 June 1999, he was honorably discharged in the rank/grade of private first class (PFC)/E-3. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), by reason of disability with severance pay. He completed 2 years and 3 days of net active duty service.
5. His DD Form 214 further shows he was awarded or authorized the:
* Army Lapel Button
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bars
6. His record contains a DD Form 215 (Correction to DD Form 214), dated
20 January 2009, that added the Korea Defense Service Medal to his DD Form 214 for the period ending 2 June 1999.
7. There is no available evidence showing the applicant was awarded, authorized, recommended for or entitled to any additional awards or decorations for his active duty service.
8. The applicant's medical records are not available for review.
9. He provides a copy of Orders 111-0231, dated 21 April 1999, that show he was discharged with a 20 percent disability rating.
10. Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade, or rating because of disability incurred while entitled to basic pay.
11. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent.
DISCUSSION AND CONCLUSIONS:
1. The applicant was discharged with a disability rating of 20 percent. As he had less than 20 years of service and a disability rating of less than 30 percent, he was not eligible for a medical disability retirement. There is no evidence to show his medical discharge was charged to a medical retirement. Therefore, there is no basis for granting this portion of the applicant's requested relief.
2. There is no evidence of record and the applicant did not provide any evidence that shows he is entitled to any additional awards other than those shown on his DD Form 214 and DD Form 215. Therefore, there is no basis for granting this portion of his request.
3. To ensure his DD Form 214 is complete, a copy of the previously-issued
DD Form 215 will be provided with these Proceedings.
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) AR20120015570
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130002361
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