ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 June 2019 DOCKET NUMBER: AR20170005026 APPLICANT REQUESTS: correction of the Separation Code shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 17 March 2016 * Memorandum from Louisiana Army National Guard (LAARNG), dated 31 March 2016 * Physical Disability Information Report * Department of Veterans Affairs (VA) Decision Correspondence dated 15 July 2016 * Additional VA Correspondence and Supporting Documents for PEB * Orders #126-0001 – Amendment to Retirement Orders * DD Form 214 FACTS: 1. The applicant states the separation code in Block 26 of her DD Form 214 is incorrect and at an appointment to get her retirement identification (ID) card she was told the separation code of “SEK” was not found in their system and they would not issue her an ID card. She has also been unable to access health benefits as a result of the challenge and has been required to pay out of pocket. 2. The applicant provides: a. DA Form 199 dated 17 March 2016, which states in Section II, the board finds the Soldier is physically unfit and recommends a rating of 80% and that the Soldier’s disposition be placed on temporary disability retired list (TDRL) with a reexamination during December of 2016. b. A memorandum from the LAARNG, dated 31 March 2016, which states the applicant is to be placed on the Permanent Disability Retired List (PDRL) with an a. effective date of separation from the LAARNG of 26 June 2016 and placement on the PDRL list effective 27 June 2016. c. A physical disability information report, dated 31 March 2016, accompanied the LAARNG memorandum and indicated her disability was received in the line of duty as direct result of armed conflict. d. A letter from the VA, dated 15 July 2016, which states her entitlement to 100% compensation was established and provides additional details for ratings and compensation. e. Additional correspondence with VA, prior to the final decision, and additional documents pertaining to her evaluation boards in support of the findings are included. f. Order Number 126-0001, dated 5 May 2016, amended her retirement orders to reflect the appropriate amount of time to be considered for her retirement and pay. g. DD Form 214 with an effective separation date of 26 July 2016, includes her separation code of “SEK” in block 26. 3. A review of the applicant’s service record shows: a. She enlisted in the ARNG of the United States on 29 January 1999. b. She served in Kuwait/Iraq from 1 February 2004 to 3 January 2005 and in Kuwait from 13 April 2011 to 2 February 2012, as noted in the DD Forms 214. c. She entered active duty on 13 February 2012. d. On 17 March 2016, an informal PEB considered her medical condition(s) and found it/them unfitting. The PEB rated her conditions and recommended her placement on the temporary disability retired list (TDRL). e. She received Orders Number 099-0001 dated 8 April 2016, which stated she would be placed on the TDRL with an effective date of 27 June 2016. f. She retired on 26 June 2016 and was placed on the TDRL. Her DD Form 214 shows she retired in accordance with Army Regulation (AR) 635-40 (Name Regulation), chapter 4, due to temporary disability. She was assigned Separation Code “SEK.” g. On 1 November 2017, a TDRL PEB convened and found the applicant remained unfit. The TDRL PEB rated her conditions at an 80 percent combined disability rating and recommended her permanent disability retirement. a. h. The U.S. Army Physical Disability Agency published Order Number D016-36 on 16 January 2018, removing her from the TDRL on 16 January 2018 and permanently retired her on the date following in her current grade or rank. 4. By regulation, a. AR 635-5-1, Soldier placed on the TDRL due to temporary disability in accordance with chapter 4 of AR 635-40 are assigned Separation Code SEK – Disability, temporary (enhanced). b. AR 635-5, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Although not in the system at the time as contended, the SEK code was authorized for the entry and is now in the current AR 635-5-1 and it accurately depicts the facts and circumstances for the applicant’s separation. As such, the Board found insufficient evidence of an error or injustice which would warrant making a change to the separation code on the applicant’s DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 6/10/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Army Regulation (AR) 635-5 states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 2. AR 635-5-1 (Separation Program Designation Codes) provides separation program designator (SPD) codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. Table 2-3 identified the following SPD codes for disability retirements and the regulatory authority AR 635-40: * SEJ – Disability, permanent (enhanced) * SEK – Disability, temporary (enhanced) * SFJ – Disability, permanent * SFK – Disability, temporary 3. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), currently in effect, states the temporary disability retired list (TDRL) is used in the nature of a “pending list.” It provides a safeguard for the Government against permanently retiring a Soldier who can later fully recover, or nearly recover, from the disability causing him or her to be unfit. Conversely, the TDRL safeguards the Soldier from being permanently retired with a condition that may reasonably be expected to develop into a more serious permanent disability. Requirements for placement on the TDRL are the same as for permanent retirement: * the Soldier must be unfit to perform the duties of his or her office, grade, rank, or rating at the time of evaluation * the disability must be rated at a minimum of 30 percent or the Soldier must have 20 years of service computed under Title 10, United States Code * the condition must be determined to be temporary or unstable