IN THE CASE OF:  BOARD DATE:  6 August 2021 DOCKET NUMBER:  AR20210007033 


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 to show he received 100% (percent) disability rating and to correct the following items of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: 

•Item 11 (Primary Specialty) – Military Occupational Specialty (MOS) 91B(Medical Specialist), 91N (Cardiac Specialist), 91Y (Eye Specialist) andadditional skill identifier Y6 (Cardiovascular specialty)

•Item 12f (Foreign Service) – Persian Gulf War

•Item 13 (Decorations, Medals, Badges, Citations and Campaign RibbonsAwarded or Authorized) – The Soldier’s Medal

•Item 14 (Military Education) – Primary Leadership Development Course (PLDC)

•Item 18 (Remarks) – Duty stations



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)



FACTS: 

1.The applicant states that his DD Form 214 does not reflect all of his schools orawards; he wants everything listed.

2.The Board will not consider the applicant’s request to correct his DD Form 214 toadd the Primary Leadership Development Course (PLDC) nor to add additional skillidentifier Y6 because these entries are currently reflected on his DD Form 214.

3.The applicant enlisted into the Regular Army on 22 January 1992 he was awardedmilitary occupational specialty 91B (Medical Specialist).

4.The applicant’s record does not contain nor did he provide any evidence to show hewas awarded or served in the MOS 91N or 91Y, nor that he served in either MOS forone or more years.







5.The applicant’s record does not contain any documentation which indicates he served in the Persian Gulf War or that he sustained any injuries while serving in the United States Army.  Additionally, the Gulf War Deployment Roster is a record of Soldiers who participated in Desert Shield/Storm and served in Southwest Asia in support of military operations during the period 2 August 1990 through December 1995. This roster does not list the applicant’s name.6.The applicant’s record contains a citation for the Soldier’s Medal, which states, “for heroism, the applicant distinguished himself in a heroic manner on 14 September 1992. The applicant’s record also contains a certificate for The Soldier’s Medal for heroism given on 21 May 1993. This documentation does not contain an order’s number and is signed by the acting Secretary of the Army at the time S.7.The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of AR 635-200, by reason of completion of required active duty service, on 21 January 1998, and he received an honorable character of service. He completed 6 years of net active service.  His DD Form 214 contains the following entries and/or information:a.Item 11 of the applicant’s DD Form 214 shows that the applicant served 5 yearsand 11 months as a 91B2O Y6 (Medical Specialist) (Cardiovascular Specialty). 

b.Item 12f of the applicant’s DD Form 214 does not reflect any foreign service.

c.Item 14 shows the applicant completed the following courses:

•Cardiovascular Specialist Phase I – 4 weeks - 1992

•Cardiovascular Specialist Phase 2 – 8 weeks - 1992

•Cardiovascular Technician – 57 weeks – 1994

•Primary Leadership Development Course – 4 weeks – 1996



8.A thorough review of the applicant’s military record failed to reveal any medicalprofiles or additional documentation that would indicate the applicant sustained injurieswhile serving in the United States Army that warranted his disposition through thePhysical Disability Evaluation System (PDES).

9.The applicant did not provide any documentation from the Department of VeteransAffairs (VA) showing the VA awarded him a 100% disability rating.

10.Army Regulation 635-5 (Separation Documents), dated 2 October 1989, in effect atthe time, provided instructions for completing the DD Form 214.  Neither the regulationin effect at the time, nor the current version of this regulation include provisions forlisting all the duty station at which a Soldier Served.
BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was not warranted.  The applicant’scontentions, the military record, and regulatory guidance were carefully considered.Regulatory guidance does not provide for listing all units assigned on the DD Form 214,just the unit when separated.  The Soldier’s Medal Certificate did not include apublished permanent order number.  Finally, his record is void evidence showing hedeployed in support of the Gulf War.  Based upon a preponderance of the evidence, theBoard determined there is insufficient evidence to grant relief.

2.Prior to closing the case, the Board did note the analyst of record administrativenotes below, and recommended the correction is completed to more accurately depictthe military service of the applicant.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XX :XX :XX DENY APPLICATION 

BOARD DETERMINATION/RECOMMENDATION: 

Except for the correction addressed in Administrative Note(s) below, the Board found 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. 

Microsoft Office Signature Line...

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. 
ADMINISTRATIVE NOTE(S):  A review of the following records and information show the applicant is entitled to additional awards and entries not reflected on his DD Form 214 for the period ending on 21 January 1998: 

a.Documents and references:

•DA Form 1059, dated 2 February 1996

•Army Good Conduct Medal (2nd Award), Headquarters, United States ArmySignal Center and Fort Gordon, Permanent Orders Number 026-00044, dated 26January 1998

•AR 672-5-1



b.make the following administrative corrections to item 13 (Decorations, Medals,Badges, Citations, and Campaign Ribbons Awarded or Authorized): add: 

•Noncommissioned Officer (NCO) Professional Development Ribbon

•Army Good Conduct Medal (2nd Award)




REFERENCES: 

1.Army Regulation 600-8-22 (Military Awards) states:

a.The NCO Professional Development Ribbon, established by the Secretary of theArmy on 10 April 1981 is awarded to members of the United States Army for successful completion of designated NCO professional development courses.  The Basic Ribbon is awarded/authorized upon successful completion of PLDC. 

b.The Soldier's Medal is awarded to any person of the Armed 'Forces of the UnitedStates or of a friendly foreign nation who, while serving in any capacity with the Army of the United States, distinguished himself/herself by heroism not involving actual conflict with an enemy. The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Awards will not be made solely on the basis of having saved a life. 

2.Army Regulation 635-5 (Separation Documents), dated 2 October 1989, in effect atthe time, provided instructions for completing the DD Form 214.  Neither the regulationin effect at the time, nor the current version of this regulation include provisions forlisting all the duty station at which a Soldier Served.  However, the regulation doesprovide instruction for completing the following blocks/items:

 a.  Item 8a and 8d; enter the last unit of assignment, major command, and the corresponding two-character assignment code. Enter Army station or installation and state where soldier is separated. 
 
 b.  Item 11; enter the primary MOS or area of concentration (AOC), and all additional MOS/AOC served for a period of one year or more, during soldier’s continuous active military service.  
 
  (1)  For each MOS/AOC, list the title with the years and months served. For enlisted, enter the first five characters of the primary MOS which will include the three characters of the MOS, the fourth character of the skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable. 
 
  (2)  Any additional skill identifiers validated may be entered here or in block 14 under Military Education, if applicable. In determining time eligibility of listing of specialty, 16 days or more will be counted as a month.  
 
 c.  Item 12f; enter the total amount of foreign service completed during the period covered in block 12c. If necessary, verify the foreign service in the military personnel record jacket.  
 
 d.  Item 13; Entries will be for all periods of service. Check soldier’s service records for the validity of awards.  
 
 e.  Item 18; Use this block for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.  
 
3.  Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability.  The U.S. Army Physical Disability Agency, under the operational control of the Commander, U.S. Army Human Resources Command (HRC), is responsible for administering the PDES and executes Secretary of the Army decision-making authority as directed by Congress in chapter 61 and in accordance with Department of Defense Directive 1332.18 and Army  Regulation 635-40. 
 
 a.  The objectives of the system are to maintain an effective and fit military organization with maximum use of available manpower; provide benefits for eligible Soldiers whose military service is terminated because of service-connected disability; and to provide prompt disability processing while ensuring that the rights and interests of the government and the Soldier are protected. 
 
 b.  Soldiers are referred to the PDES when they no longer meet medical retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, as evidenced in a medical evaluation board; when they receive a permanent medical profile, P3 or P4, and are referred by an MOS Medical Retention Board; when they are command-referred for a fitness-for-duty medical examination; and/or when are referred by the Commander, Human Resources Command. 
 
 c.  The PDES assessment process involves two distinct stages: the MEB and the PEB.  The purpose of the MEB is to determine whether the service member’s injury or illness is severe enough to compromise his/her ability to return to full duty based on the job specialty designation of the branch of service.  A PEB is an administrative body possessing the authority to determine whether or not a service member is fit for duty.  A designation of “unfit for duty” is required before an individual can be separated from the military because of an injury or medical condition.  Service members who are determined to be unfit for duty due to disability are either separated from the military or are permanently retired, depending on the severity of the disability and length of military service.  Individuals who are “separated” receive a one-time severance payment, while veterans who retire based upon disability receive monthly military retirement payments and have access to all other benefits afforded to military retirees.  
 
 d.  The mere presence of a medical impairment does not in and of itself justify a finding of unfitness.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform because of his or her office, grade, rank, or rating.  Reasonable performance of the preponderance of duties will invariably result in a finding of fitness for continued duty.  A Soldier is physically unfit when a medical impairment prevents reasonable performance of the duties required of the Soldier's office, grade, rank, or rating. 
 
4.  AR 40-501 (Standards of Medical Fitness) provides that for an individual to be found unfit by reason of physical disability, he or she must be unable to perform the duties of his or her office, grade, rank or rating.  Performance of duty despite impairment would be considered presumptive evidence of physical fitness. 
 
5.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Physical Disability Evaluation System (PDES) and 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.  It provides that an MEB is convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria in Army Regulation 40-501.  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 who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. 
 
 a.  Paragraph 2-1 provides that the mere presence 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 member reasonably may be expected to perform because of his or her office, rank, grade, or rating.  The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated. 
 
 b.  Paragraph 2-2b(1) provides that when a member is being processed for separation for reasons other than physical disability (e.g., retirement, resignation, reduction in force, relief from active duty, administrative separation, discharge, etc.), his or her continued performance of duty (until he or she is referred to the PDES for evaluation for separation for reasons indicated above) creates a presumption that the member is fit for duty.  Except for a member who was previously found unfit and retained in a limited assignment duty status in accordance with chapter 6 of this regulation, such a member should not be referred to the PDES unless his or her physical defects raise substantial doubt that he or she is fit to continue to perform the duties of his or her office, grade, rank, or rating. 
 
 c.  Paragraph 2-2b(2) provides that when a member is being processed for separation for reasons other than physical disability, the presumption of fitness may be overcome if the evidence establishes that the member, in fact, was physically unable to adequately perform the duties of his or her office, grade, rank, or rating even though he or she was improperly retained in that office, grade, rank, or rating for a period of time and/or acute, grave illness or injury or other deterioration of physical condition that occurred immediately prior to or coincidentally with the member's separation for reasons other than physical disability rendered him or her unfit for further duty. 
 
 d.  Paragraph 4-10 provides that MEBs are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualification for retention based on criteria in Army Regulation 40-501, chapter 3.  If the MEB determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a PEB. 
 
 e.  Paragraph 4-12 provides that each case is first considered by an informal PEB.  Informal procedures reduce the overall time required to process a case through the disability evaluation system.  An informal board must ensure that each case considered is complete and correct.  All evidence in the case file must be closely examined and additional evidence obtained, if required. 
 
6.  Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent.  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 rating of less than 30 percent. 
 
7.  Title 38, U.S. Code, sections 1110 and 1131, permits the VA to award compensation for medical conditions incurred in or aggravated by active military service.  The VA, however, is not empowered by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  Consequently, due to the two concepts involved, an individual may have a medical condition that is not considered medically unfitting for military service at the time of processing for separation, discharge, or retirement, but that same condition may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. 
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