IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150013495 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: 6 September 2016 DOCKET NUMBER: AR20150013495 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: 6 September 2016 DOCKET NUMBER: AR20150013495 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) by changing the separation authority and separation program designator (SPD) code. 2. The applicant states his current state was due to his first deployment to Iraq in 2003-2004. His military occupational specialty was helicopter repairer and his unit was Company B, 7th Battalion, 159th Regiment. He was in the advance group assigned to open Balad Airbase in Iraq. At the time they did not have the protection needed to aid in their mission. They performed fecal burning and uranium disposal and were exposed to helicopter fluid and radiation in the hanger where they lived and worked. The hanger had been hit by a bunker buster during Operation Desert Storm. The medics performed a health assessment and reported their findings to the commander. 3. The applicant provides a copy of his DD Form 214. 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. On 18 June 1998, the applicant enlisted in the Regular Army. He was promoted to staff sergeant, pay grade E-6 on 1 March 2008. 3. A DA Form 199-1 (Formal Physical Evaluation Board Proceedings) initiated on 17 March 2011, shows a Physical Evaluation Board (PEB) convened to evaluate the applicant’s medical condition. a. The PEB found that he was physically unfit and recommended a combined disability rating of 90 percent based on: * scleroderma, 60 percent disabling * Raynaud’s phenomenon secondary to scleroderma, 40 percent disabling * pulmonary fibrosis secondary to scleroderma, 30 percent disabling * right and left patellofemoral pain syndrome 10 percent disabling in each knee b. On 28 March 2011, the applicant concurred with the PEB findings and recommendation to be retired due to a permanent disability. c. The form was authenticated and signed by the PEB President, PEB Liaison Officer, and the applicant. 4. Orders were published on 12 April 2011 announcing the applicant’s physical disability retirement, effective 15 July 2011, rated at 90 percent disabling. 5. Accordingly, he was retired on 15 July 2011. He completed 13 years and 28 days of net active service this period. His DD Form 214 indicates: a. an SPD code of SFJ; b. a separation authority for retirement in accordance with Army Regulation 635-40, paragraph 4-24B(1) due to a permanent disability; c. an RE code 4; and d. a narrative reason for separation: permanent disability. REFERENCES: Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214. The SPD code of SFJ was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers retiring under the provisions of Army Regulation 635-40, paragraph 4-24B(1), due to a permanent disability. Additionally, the SPD/RE Code Cross Reference Table establishes RE-4 as the proper RE code to assign to Soldiers for this reason. DISCUSSION: 1. The applicant contends that the SPD code and reason for separation on his DD Form 214 should be changed. However, he does not specify what it should read. 2. The available evidence shows that the applicant was found physically unfit for duty and was subsequently retired due to his permanent disability. The applicant concurred with this action. 3. The applicant has not made any argument that convincingly shows that what the Army did was wrong. He has not shown any injustice or error in connection with the circumstances of his retirement. 4. The SPD code and narrative reason for separation are in agreement and are aligned with the PEB determination and his separation orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013495 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013495 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2