IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140014233
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 a line of duty (LOD) investigation be completed and filed in his Official Military Personnel File (OMPF).
2. The applicant states he was injured during Primary Leadership Development Course (PLDC) training. His unit administrative personnel were not trained properly to recognize the need for a LOD investigation. He indicated he was discharged on 1 March 1996.
3. The applicant provides a statement from a fellow Soldier.
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 (RA) on 3 May 1983. He did not complete training and was not awarded a military occupational specialty (MOS).
3. On 31 May 1983, his immediate commander advised him that he intended to initiate action to discharge him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph
11-12. The reasons for the action were the applicant's complete lack of motivation and his attitude toward the Army and his training. A listing of
17 counsellings from 6 May to 14 June 1983 was included.
4. On 31 May 1983, the applicant acknowledged notification of the proposed separation action and consulted with legal counsel. He was advised of the basis for the contemplated separation action, the effect on future enlistment in the Army, the possible effects of an uncharacterized entry level separation, and the procedures and rights available to him. He indicated he did not desire a separation medical examination, consultation with legal counsel or to make a statement in his own behalf.
5. On 22 June 1983, the separation authority approved the applicant's discharge. On 27 June 1983, the applicant was discharged accordingly. His DD Form 214 shows he completed 1 month and 24 days of creditable active duty service. His service is listed as uncharacterized.
6. In support of his request, the applicant provides a statement from Master Sergeant (MSG) J____ B____, Retired, who states he served with the applicant in the 1980's and early 1990's. During that time they worked together in the same building. At one point the applicant returned from graduating from PLDC with a head injury, which occurred at PLDC. He was on restricted duty for several weeks and was released.
7. His service medical records are not available for review and there is no evidence in the available records showing he was injured at any time during his active duty service.
8. There are no available documents substantiating the applicant had any active duty service after he was discharged on 27 June 1983. However, information available in his personal record at the Interactive Web System (IWS) Total Army Personnel Data Base-Reserve (TABDB-R) shows:
a. Grade: Sergeant (SGT);
b. Pay Entry Basic Date (PEB): 24 July 1986;
c. Expiration of Statutory Military Obligation: 23 July 1994;
d. Expiration of Term of Service (ETS): 23 July 1998;
e. Date Initial Entry: 24 July 1986; and
f. Date of Last Physical: 1 May 1991 with no limitations.
9. His IWS record also shows a record request on 12 November 2013 in which the applicant called in regards to receiving medical records for a LOD when he hurt himself during PLDC in 1993. He was informed that, "if he did not get that LOD at the time there is nothing that we could do here, he might be able to go back to the school, or NARA or NPRC."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was injured while attending PLDC and his unit did not ensure an LOD investigation was completed.
2. He provides a statement from a fellow Soldier who indicates he served with the applicant in the 1980's and early 1990's. He stated that at one point the applicant returned from graduating from PLDC with a head injury, which occurred at PLDC.
3. There is no independent documentary evidence corroborating his claim that he was injured during his military service.
4. In view of the above, here is an insufficient evidentiary basis for granting the applicant's 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) AR20140001810
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ABCMR Record of Proceedings (cont) AR20140014233
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