IN THE CASE OF: BOARD DATE: 13 August 2009 DOCKET NUMBER: AR20090005425 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show physical disability retirement vice discharge. 2. The applicant states he is 100 percent disabled due to a combat-related IED (improvised explosive device) explosion. He states he was supposed to be retired. 3. The applicant provides a copy of a General Power of Attorney, dated 1 November 2004, appointing his parents as his attorneys-in-fact; a copy of his DD Form 214; and a copy of retirement Orders 278-0004, U.S. Army Transportation Center and School, Fort Eustis, VA, dated 5 October 2006. CONSIDERATION OF EVIDENCE: 1. The applicant served on active duty in the Regular Army (RA) from 3 November 2004 through 27 October 2006. He served in military occupational specialty (MOS) 11C (Indirect Fire Infantryman). 2. The applicant served in Iraq from 9 August 2005 through 11 December 2005. On 11 December 2005, he was involved in an IED blast which left him gravely injured. He was evacuated to the United States and ultimately admitted to the Burn Unit, U.S. Army Institute of Surgical Research, Brooke Army Medical Center, San Antonio, TX, on 17 December 2005. 3. A Narrative Summary (NARSUM) was dictated and typed on 19 May 2006. On 19 July 2006, a Medical Evaluation Board (MEBD) was conducted which diagnosed the applicant with burns over 61 percent of his total body surface, traumatic amputation of his left leg below the knee, traumatic brain injury (TBI) with persistent vegetative state, bilateral tibia and fibula fractures, bilateral calcaneal fractures [sic], and hypertension. He was referred to a Physical Evaluation Board (PEB). 4. On 8 June 2006, a PEB was convened at Fort Sam Houston, TX. The applicant’s medical conditions were considered and he was rated as follows: VA Code 8045 / 9304 TBI, persistent vegetative state 100 % VA Code 5165 Left below knee amputation 040 % VA Code 5262 Right tibia/fibula fracture 040 % VA Code 7802 Anterior trunk burns 010 % VA Code 7802 Posterior trunk burns 010 % VA Code 5284 Right calcaneal fracture 000 % The applicant’s hypertension was not rated as unfitting. His overall disability rating was 100 percent and it was recommended he be permanently retired. 5. Fort Eustis published retirement Orders 2378-0004 on 5 October 2006 retiring the applicant from active duty on 27 October 2006 and placing him on the retired list, effective 28 October 2006. His retired grade was listed as specialist (SPC)/ E-4), his percentage of disability was listed as 100 percent, and his years of service were listed as 1 year, 11 months, and 25 days. His disability was deemed to be as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by law. 6. The applicant’s DD Form 214 shows, in Item 23 (Type of Separation), “DISCHARGE.” However, his Separation Program Designator (SPD) Code in Item 26 shows a code of “SFJ” meaning “RETIREMENT, DISABILITY, PERMANENT.” 7. Army Regulation 635-5-1 (Separation Documents) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214. For Soldiers with an SPD code of “SFJ,” the type of separation in Item 23 should be “RETIREMENT.” DISCUSSION AND CONCLUSIONS: 1. The applicant was a SPC serving in Iraq. On 11 December 2005, he was gravely wounded in an IED attack. He was subsequently retired by reason of permanent physical disability. 2. The applicant’s DD Form 214 shows a retirement SPD code, but the type of separation in Item 23 of his DD Form 214 shows “DISCHARGE.” This entry should show “RETIREMENT.” 3. It is noted that the Defense Finance and Accounting Service (DFAS) has established a retired pay account for the applicant. The account is in a suspended status pending appointment of a legal representative to act in the applicant’s behalf. Furthermore, because he is in receipt of Department of Veterans Affairs (DVA) pay and that pay exceeds his retired pay, he is a full DVA waiver. BOARD VOTE: ___X____ ____X___ ___X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 23 of the applicant's DD Form 214 the entry "DISCHARGE" and replacing it with the entry "RETIREMENT"; and b. providing the applicant a correction document as a result of this change. __________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) AR20090005425 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005425 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1