IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150004789 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150004789 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. IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150004789 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) Board in: a. item 23 (Type of Separation) to show "Retirement" instead of "Release from Active Duty," b. item 24 (Character of Service) to show "Uncharacterized" instead of "Honorable," and c. item 28 (Narrative Reason for Separation) to show "Physical Disability, Permanent" instead of "Disability, Severance Pay." 2. The applicant also requests correction of his percentage of disability from 20 percent (%) to 40%. 3. The applicant states, in effect, the Army Board for Correction of Military Records (ABCMR) should correct his DD Form 214 based on his several disability claims with the Department of Veterans Affairs (VA) for service-connected illness and injuries. He believes his records should be corrected because his unit had him scheduled to be released from active duty for reaching his retention control point (RCP)/expiration term of service (ETS). However, because of his many injuries, he underwent a Medical Evaluation Board (MEB) and a Physical Evaluation Board (PEB). The PEB awarded him a 10% disability rating, while the VA gave him a 40% disability rating. Someone at his local VA told him that the military should have awarded him the same disability rating the VA awarded. He sent his records to the Department of Defense (DOD) Physical Disability Board of Review (PDBR). The PDBR reviewed his case in February 2014, which resulted in an increase in his percentage of disability rating from 10% to 20% from the Army rating system with no recourse regarding his request for medical retirement. He tried to explain to the PDBR that the VA was evaluating his records for an increase of his disability rating at the same time the PDBR was reviewing his records, and therefore, the PDBR was making a decision with only partial medical records. 4. The applicant provides: * MEB Narrative Summary (NARSUM), dated 30 September 2005 * DA Form 199 (PEB Proceedings), dated 26 October 2005 * DD Form 214, for the period ending on 7 December 2005 * three x-ray reports, from the Desert Imaging, dated 5 October 2012 * Notification of Diagnostic Testing, from the QTC Medical Services, dated 18 May 2012 * Record of Proceedings - PDBR, dated 30 October 2013 * Letter from by the Department of the Air Force PDBR, dated 4 February 2014 * Letter from the Army Revie Boards Agency (ARBA), dated 12 February 2014 * Letter from the applicant to the PDBR, dated 11 November 2014 * Letter from the Department of the Air Force PDBR intake unit, dated 5 December 2014 * Orders Number 063-0020, dated 4 March 2015 CONSIDERATION OF EVIDENCE: 1. The applicant requested, in effect, correction of his DD Form 214 to show "Retirement" instead of "Release from Active Duty," that his reason for separation as "Physical Disability, Permanent" instead of "Disability, Severance Pay," and that his percentage of disability should be changed from 20% to 40%. a. The Fiscal Year 2008 National Defense Authorization Act directed all military services, upon application, to review certain separations for medical conditions where the rating was 20 percent or less and the member did not retire between the period September 11, 2001, and December 31, 2009. This Act directed the establishment of the PDBR, a board for which the U.S. Air Force is the Department of the Defense lead component and which is comprised of medical personnel from the military services. b. In accordance with the law that established the DoD PDBR (Title 10, U.S. Code, Chapter 79, section 1554a), a DOD PDBR decision is final, and the ABCMR cannot afterward consider the issues considered by the DOD PDBR. However, applicants have the option to seek relief by filing a disability claim with the Department of Veterans Affairs. c. On 12 February 2014, the Deputy Assistant Secretary, Army Review Boards, accepted and approved the PDBR's recommendation to modify the applicant's disability rating (from 10% to 20%) but not to the degree that it would justify changing his separation for disability with severance pay to a permanent retirement with disability. The Deputy Assistant Secretary, Army Review Boards informed the applicant of this decision in writing and informed him that the decision would not result in any change to his separation document or the amount of severance pay. The Deputy Assistant Secretary, Army Review Boards, further informed the applicant that the decision was final and that his recourse within the DOD or the Department of the Army had been exhausted; however, he had the option to seek relief by filing suit in a court of appropriate jurisdiction. d. In view of the aforementioned statute and the notification he received from the Deputy Assistant Secretary, Army Review Boards, his request for correction of his DD Form 214 to show "Retirement" instead of "Release from Active Duty," his reason for separation as "Physical Disability, Permanent" instead of "Disability, Severance Pay," and correction of his percentage of disability from 20% to 40% will not be further addressed in these proceedings. The remaining issue, the characterization of his service, will be addressed below. 2. The applicant enlisted in the Regular Army on 30 August 1990. 3. His DD Form 214 shows he was honorably released from active duty on 7 December 2005. REFERENCES: Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel from the Army and describes the different types of characterization of service a. An uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status. For the purposes of characterization of service, a Soldier qualifies for entry-level status during the first 180 days of continuous active military service or the first 180 days of continuous active service after a service break of more than 92 days of active service. b. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. DISCUSSION: Army Regulation 635-200 does not support correcting the applicant's DD Form 214 to show his characterization of service as uncharacterized because he was not in an entry-level status at the time of his separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150004789 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150004789 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2