IN THE CASE OF: BOARD DATE: 10 November 2016 DOCKET NUMBER: AR20150012592 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: 10 November 2016 DOCKET NUMBER: AR20150012592 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: 10 November 2016 DOCKET NUMBER: AR20150012592 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 the narrative reason for separation from "completion of required active service" to "disability." 2. The applicant states that based on his medical history and injuries, he should have been referred to the Integrated Disability Evaluation System (IDES). He did not receive maximum treatment for his injuries and illnesses. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * August 2014 and July 2015 Department of Veterans Affairs (VA) rating decisions * Statement in Support of Claim * Correspondence from the VA related to life insurance, benefits, appointments * Separation physical * VA progress notes CONSIDERATION OF EVIDENCE: 1. Having had prior service, the applicant enlisted in the Regular Army (RA) on 2 November 2009 and he held military occupational specialty (MOS) 92F (Petroleum Supply Specialist). He attained the rank/grade of sergeant (SGT)/E-5 in November 2010. 3. He reenlisted in the RA on 31 May 2012. He served in Afghanistan from 4 September 2012 to 12 May 2013. He was assigned to the 101st Airborne Division at Fort Campbell, KY. 4. On 30 May 2014, he was honorably discharged from active duty in accordance with chapter 4 of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations) by reason of completion of his required active service. His DD Form 214 shows: * he completed 4 years, 6 months, and 29 days of active service * he was assigned Separation Program Designator (SPD) Code "KBK" * he was assigned Reentry (RE) Code "1" (fully eligible to reenlist) 5. He provided several VA related medical records, including rating decisions, progress notes, and other correspondence. He also provides selected service medical records. His submission was forwarded to the Office of The Surgeon General (OTSG) for review. The Medical Director of the IDES Clinic, Reynolds Army Community Hospital, Fort Sill, OK, reviewed his case and rendered an advisory opinion on 23 August 2016. He stated a. The applicant entered active duty in November 2009 and served 4 years and 3 months as a 92F, Petroleum Supply Specialist. He was honorably discharged in May 2014 for completion of required active service. The Board has requested an advisory opinion to review and consider if the applicant should have been referred to the medical evaluation board rather than being honorably discharged for completion of required active service on 30 May 2014. A detailed review was conducted of the materials forwarded with the request for an advisory opinion. Review of AHLTA and HAIMS (electronic medical records) did not reveal any medical conditions which required ongoing treatment or lasting duty limitations. It was concluded that the applicant was appropriately determined to meet retention standards and therefore rightly discharged for completion of required active service on 30 May 2014. b. In August 2014, he received notice from the VA regarding his claim for benefits regarding right ankle strain, left ear hearing loss, shin splints left leg, patellofemoral syndrome bilateral knees, carpal tunnel syndrome bilateral wrists, pes planus left foot, intervertebral disc syndrome with compression fractures thoracolumbar spine and hypertension. The VA assigned a 0 percent rating for right ankle strain, shin splints left leg, patellofemoral syndrome bilateral knees, pes planus left foot and hypertension. In reviewing the documentation of these conditions, it is apparent that these conditions did not cause the applicant to fail to meet retention standards, nor did they require ongoing duty limitations. c. The VA assigned a 10 percent rating for right carpal tunnel syndrome as well as 10 percent for left carpal tunnel syndrome. No documentation of these diagnoses was found in AHLTA treatment encounters or HAIMS documentation. There was no documentation of duty limitations for these conditions, therefore, these conditions did not cause the applicant to fail to meet retention standards and referral to the DES was not warranted. d. The VA assigned a 10 percent rating for intervertebral disc syndrome with compression fractures thoracolumbar spine. A history of intermittent complaint of low back pain was noted on record review, however, no diagnosis of intervertebral disc syndrome with compression fractures of the thoracolumbar spine was found. The most recent diagnosis regarding back pain while on active duty was piriformis syndrome which was found in an AHLTA treatment encounter dated 28 January 2014. Trigger point dry needling along with instruction for piriformis stretching was initiated. On the follow up encounter on 4 February 2014, the physical therapist noted "Patient last seen on 28 JAN - initial TPDN. States excellent overall results - slight soreness next day, then total resolution of symptoms." No further treatment encounters were documented before his discharge in May 2014. Only one imaging study of the lumbar spine dated 23 August 2013 was found. The x-ray report stated: * "Findings: Five lumbar type vertebral bodies with mild dextroconvex curvature; Normal lumbar lordosis; No compression fracture or subluxation; No significant endplate degenerative changes; Posterior elements are intact; SI joints are maintained; Moderate colonic stool retention * Impression: Dextroconvex lumbar curvature, correlate for evidence of muscle spasm" With the above findings, the low back condition did not cause the applicant to fail to meet retention standards and referral to the DES was not warranted. e. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 4, with a characterization of service as Honorable. The DD Form 214 shows SPD code KBK and RE code 1. He was separated on 30 May 2014. f. It is the opinion of the advisory official that the applicant met retention standards at the time of his discharge for completion of active service and therefore referral into the DES was not warranted. He recommends the Board uphold the honorable discharge for completion of required active service which was appropriately issued on 30 May 2014. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal and/or additional comments. He did not respond. REFERENCES: 1. AR 635-200 provides for the separation of enlisted personnel from active duty. Chapter 4 provides for separation due to ETS. 2. AR 601-210 (RA and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR). Table 3-1 included a list of the RA RE codes. An RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met. 3. AR 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. SPD code "KBK" is the correct code for RA Soldiers voluntarily discharged for completion of required active service under the provisions of AR 635-200, chapter 4, when eligible to reenlist. DISCUSSION: 1. The applicant was not forced out of the Army. His reenlistment agreement expired and he did not reenlist. His DD Form 214 clearly shows he was separated due to completion of active service and he was assigned RE code 1, indicating he was and remains fully eligible to reenlist/reenter military service. 2. His narrative reason for separation was assigned because he was discharged under the provisions of chapter 4 of AR 635-200 for completion of required service. The underlying reason for his discharge was his completion of his required service. The only valid narrative reason for separation permitted under that paragraph is "completion of required active service" and the SPD code associated with this discharge is "KBK," which is correctly shown on his DD Form 214. 3. The applicant was not diagnosed with a medical condition at the time of his separation. A review of his medical records indicated: a. There were no medical conditions which required ongoing treatment or lasting duty limitations. Likewise, there were no permanent physical profiles or a diagnosis of any condition that failed retention standards. b. Although the VA awarded him service-connection for his right ankle strain, shin splints left leg, patellofemoral syndrome bilateral knees, pes planus left foot and hypertension, there is no medical evidence that any of these conditions failed military retention standards or required ongoing duty limitations. c. Athough the VA also awarded him service-connection for left carpal tunnel syndrome, there is no evidence of duty limitations for this condition or that this condition failed retention standards or warranted referral to the DES. d. The VA further assigned a service-connection for intervertebral disc syndrome with compression fractures thoracolumbar spine; however, there is no evidence of a diagnosis of intervertebral disc syndrome with compression fractures of the thoracolumbar spine, and even with the submitted VA records, there is no evidence indicating that this low back pain condition failed to meet retention standards or warranted referral to DES. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012592 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012592 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2