IN THE CASE OF: BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150016523 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: 30 March 2017 DOCKET NUMBER: AR20150016523 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: 30 March 2017 DOCKET NUMBER: AR20150016523 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 his separation to show he was discharged due to disability instead of completion of required active service. 2. The applicant states, in effect, he would like to show he was discharged as a result of a medical board. He currently has a 100 percent disability rating from the Department of Veterans Affairs (VA). The records he provide were like the ones he had at the time of discharge. 3. The applicant provides service medical records. 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 on 1 May 2002. He held military occupational specialty (MOS) 88M (Motor Transport Operator). 3. He served through two reenlistments and two extensions, the last of which was a 3-month extension executed on 22 July 2009 retaining him on active duty through December 2009. 4. He served in Korea from October 2002 to October 2003. He also served in Iraq from January to June 2004 and from April 2008 to July 2009, and he served in Afghanistan from March 2006 to June 2007. He was promoted to sergeant/ E-5 on 1 July 2005. 5. He was honorably discharged from active duty on 13 December 2009 in accordance with chapter 4 of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations) by reason of completion of required active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows: * he completed 7 years, 7 months, and 13 days of active service * he was fully eligible to reenlist (Reentry Code 1 and Separation Code MBK) 6. He provides his service medical records. The Army Review Boards Agency (ARBA) forwarded his medical records to the senior medical advisor for review. An advisory opinion was rendered on 7 March 2017. After a thorough review, the senior medical advisor concluded that the applicant met Army medical retention standards for all conditions identified in the available medical records. The medical advisor found that the applicant’s medical conditions were duly considered during medical separation processing, and a review of the available documentation found no evidence of a medical disability or condition which would support a change to the discharge in this case. 7. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal and/or comment. He responded with a listing of his medications and duplicate documents that were previously sent with his initial application. REFERENCES: 1. AR 635-200 provides for the separation of enlisted personnel from active duty. Chapter 4 provides for separation due to expiration term of service. 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 SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The SPD code of "MBK" 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. 4. AR 635-40 establishes the Army physical disability evaluation system. It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations. a. Paragraph 3-1 states the mere presences of impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of their office, grade, rank, or rating. b. Paragraph 3-2 states disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. 5. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rated at less than 30 percent. Section 1212 provides that a member separated under Section 1203 is entitled to disability severance pay. 6. Title 38, U.S. Code, permits the VA to award compensation for disabilities which were incurred in or aggravated by active military service.  The VA, which has neither the authority nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affect the individual’s employability. The Army rates only conditions determined to be physically unfitting, thus compensating the individual for loss of a career; while the VA may rate any service connected impairment, in order to compensate the individual for loss of civilian employability. DISCUSSION: 1. The applicant was not forced out of the Army. His term of service 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 (and not reenlisting). The reason for his discharge was “completion of required active service.” The appropriate separation code associated with this reason for discharge is "MBK," 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 that failed retention standards, which would have warranted further review to determine fitness. 4. The medical advisor, after a thorough review of the applicant's records, found no evidence of a medical disability or condition which would support a change to the discharge in this case. The applicant's service was neither interrupted nor terminated due to any medical condition(s). It was terminated due to his choice not to reenlist. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016523 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016523 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2