PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 November 2000
	DOCKET NUMBER:   AR2000041909

	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.  

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Wilfred A. Hale, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that her Department of Defense (DD) Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show her rank and pay grade at separation as Private/E-2 (PV2) and to show her proper Separation Program Designator (SPD) and Reentry (RE) codes. 

3.  The applicant states, in effect, that she was released from active duty (REFRAD) and placed on the Temporary Disability Retired List (TDRL) on 
12 June 1986 and her rank and pay grade were erroneously listed as 
Private/E-1 (PV1) on her DD Form 214.  In addition, she indicates that she was later found fit for duty which rendered the SPD code of SFK and RE code of 4 on her DD Form 214 invalid because they do not actually match her latest medical condition.  

4.  The applicant’s military records show that she enlisted in the Regular Army and entered active duty on 27 December 1985.  After serving for two months, and while still in basic training, she was reassigned from her basic training company to the Medical Holding Company at Fort Jackson, South Carolina in order to be evaluated by a Physical Evaluation Board (PEB).

5.  In February 1986, a narrative summary clinical record was prepared by medical officials which indicated that the applicant had been followed in the Podiatry Clinic for a painful right foot for two months.  It further stated that she had been treated with various modes of therapy without relief of the symptoms.  Finally, this summary indicated that the applicant’s physical condition would prevent her from completing basic training. 

6.  On 20 March 1986, a PEB found the applicant unfit for duty and recommended she be given a physical disability rating of 40 percent.  They further recommended that she be placed on the TDRL and that she be 
reexamined in November 1986.  

7.  On 15 May 1986, the Army Personnel Command (PERSCOM) released an electronic message, subject:  Disability Retirement, which directed that the applicant be REFRAD on 12 June 1986 and that she be placed on the TDRL on 13 June 1986, in the rank and pay grade of PV2.  

8.  The applicant’s record also contains a Department of the Army (DA) Form 3713 (Data for Retired Pay) which confirms, in block 2 (active duty grade), that the applicant held the rank and pay grade of PV2 at the time she was placed on the TDRL.  

9.  The record contains a copy of the applicant’s DD Form 214, which shows that she was REFRAD on 15 June 1986, under the provisions of paragraph 4-24e (2), Army Regulation 635-40, by reason of temporary physical disability.  However, it also incorrectly lists the applicant’s rank and pay grade as PV1.

10.  On 2 April 1987, the applicant was reexamined and reevaluated by a PEB at Fort Sam Houston, Texas.  This PEB found the applicant fit for duty and commented that at that time there were no restrictions which would preclude her from full and effective military service.  

11.  On 2 June 1987, the Chief of the Physical Disability Branch at PERSCOM published a letter, subject:  Removal from TDRL (Physically Fit), pertaining to the applicant.  This document confirmed that the applicant was removed from the TDRL and it directed that she be afforded the opportunity to reenlist in the Regular Army.  It also verified that she still had a Reserve obligation and commented that if she declined reenlistment she would be placed in an appropriate Reserve category until completion of her service obligation.  

12.  Army Regulation 635-40 establishes the Army Physical Disability System and prescribes the policy for determining whether a soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank or rating.  Chapter 4 contains guidance on placing members on the TDRL.

13.  Army Regulation 635-5 (Separation Documents) provides policy and procedures pertaining to the preparation of the DD Form 214 and guidance on data entries and filing of separation documents.  It states, in effect, that the 
DD Form 214 will accurately reflect information specifically pertaining to the period of active duty covered by the document. 

14.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of SFK was the appropriate code for the applicant based on the regulatory guidance provided for soldiers separating under the provisions of Army Regulation 635-40 by reason of temporary disability.  Additionally, Table 
2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 4 as the proper RE code assignment for soldiers separating for this reason. 

CONCLUSIONS:

1.  The Board finds the applicant’s claim that her DD Form 214 should have listed her rank and pay grade as PV2 and that her RE code should be corrected has merit.  However, it determines a change in her SPD code is not warranted. 
2.  The record clearly shows that the applicant held the rank of PV2 on the date of her REFRAD and that she was placed on the TDRL in that rank and pay grade.  Thus, the Board concludes that it would be appropriate at this time to correct the applicant’s DD Form 214 to reflect this proper rank and pay grade.

3.  In addition, while there are no regulatory provisions that call for correcting a DD Form 214 based on subsequent changes in a member’s status, the Board does find that it would be appropriate to change the applicant’s DD Form 214 to reflect an RE code of 1.  This action is taken in the interest of clarity, and to avoid possible confusion in the applicant’s reenlistment eligibility status, which could result in her being unjustly denied reenlistment. 

4.  This clarity and equity logic applied to changing the applicant’s RE code does not extend to changing the existing SPD code.  The SPD code assigned the applicant at the time she was REFRAD and placed on the TDRL accurately reflects the reason for her separation at the time and poses no threat of injustice to her at this time. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned held the rank and pay grade of PV2 and that she was assigned an RE code of 1, as an exception to policy, on the date she was REFRAD and placed on the TDRL.  In addition, she should be provided a correction to her DD Form 214 which accurately reflects these changes. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  
__mkp __  __wh____  __jhk ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041909	
SUFFIX		
RECON		
DATE BOARDED	2000/11/28	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1986/06/12	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON	TDRL	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  307	129.0500	
2.		
3.		
4.		
5.		
6.