ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20170010073 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) block 28 (Narrative Reason for Separation) to change from “completion of required active service” to “Disability, Permanent” and a appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DA Form 199 (Informal Physical Evaluation Board (PEB) proceedings, dated 26 October 2015 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that the narrative reason for separation is inequitable because it does not indicate to other federal agencies that he was separated due to illiness/injury incurred on active duty. This hinders and limits his ability to access Government Issue Bill chapter 33 benefits. He was medically retired and transferred to the permanent disability retired list (PDRL) due to illness/injury incurred during his active duty mobilization to Iraq during operation Iraqi freedom III. The narrative on his DD Form 214 simply reads “Completion of required Service”. He respectively requests that it would be more equitable and accurate to describe his separation as “Disability, Permanent.” 3. The applicant provides a copy of his DD Form 214 which shows in block 28 (Narrative Reason for Separation) as “Completion of required Service”. DA Form 199, dated 26 October 2015, shows that the applicant was found physically unfit and recommended a rating of 60% and that his disposition be permanent disability retirement. A disability memorandum dated 4 November 2015 indicates that the applicant was found to have a disability and will be permanently retired with a disability ration of 60%. 4. A review of the applicant’s service record shows the following: a. He enlisted in the U.S Army reserve (USAR) on 2 September 1987. On 6 May 1989, he completed DA Form 71 (Oath of Office) and was accepted as a reserve commissioned officer. b. He was released from active duty on 1 July 1993 with an honorable discharge. His DD Form 214 shows that he completed 4 years of active duty service. c. DA Form 2808 (Report of Medical Examination), dated 7 April 2003, shows that the applicant completed a USAR retention physical. Physician notes are illegible. DA Form 2807-1 (Report of Medical History), dated 7 April 2003, was completed by the applicant and he annotated pain in right knee and a broken leg that occurred while deployed to Incirlink, Turkey. e. A memorandum, dated 12 May 2003, to the applicant’s commander states that the applicant was physically fit for retention under the provisions of AR 40-501 (Standards of Medical Fitness). f. Orders D-10-338917, dated 21 October 2003, discharges the applicant from the USAR with an honorable character of service. Medical status is not mentioned in the orders. g DA Form 2808, dated 5 January 2004, shows that the applicant was examined for the purpose of reenlistment. h. He reenlisted in the USAR on 6 February 2004 and 30 January 2008. i. Orders 334-0349, dated 20 November 2005, releases the applicant from active duty effective 28 December 2005. j. He was released from active duty on 28 December 2005 with an honorable character of service. His DD Form 214 shows that he completed 1 year 2 months and 21 days of active duty service. k. DA Form 199 (Informal Physical Evaluation Board (PEB) proceedings), dated 26 October 2015. The board finds the applicant physically unfit and recommends a rating of 60% and that the applicant’s disposition be permanent disability retirement. l. A Permanent Physical Disability Retirement memorandum, dated 4 November 2014, states that the applicant was found to have a disability and will be permanently retired with a disability rating of 60%. m. A Veteran Affairs (VA) letter, dated 25 October 2016, shows that the applicant was verified to have the following: * Fibromyalgia; rated 40% * Post-Traumatic Stress Disorder; rated 30% * Bilateral Tinnitus; rated 10% * Total rating 60% 5. By regulation, AR 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, and appointment, including officer procurement programs. Individuals evaluated will be reported as Medically Acceptable or Medically Unacceptable by reason of medical fitness or medical unfitness. 6. Army Regulation (AR) 635-40 (Disability Evaluation for Retention, Retirement, or Separation), 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. 7. By regulation, (AR) 635-5 (Personnel Separations - Separation Documents) states item 28 (Narrative Reason for Separation) enter the reason for separation (shown in AR 635-5-1) based on the regulatory or statutory authority 8. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that it could reach a fair and equitable decision in the case without a personal appearance by the applicant. The Board also found that relief was not warranted. Based upon the applicant’s last active duty service covered by a DD Form 215 ending on 28 December 2005, and the PEB finding the applicant physically unfit for continued service in 2015, ten years later, the Board concluded there was insufficient evidence of an error or injustice which would warrant a correction to the applicant’s record. The Board wished to inform the applicant that information on a DD Form 214 captures information at the time of publication and will not be changed as a result of events after publication. 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. 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-40 (Disability Evaluation for Retention, Retirement, or Separation) 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. 3. Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, and appointment, including officer procurement programs. Individuals evaluated will be reported as Medically Acceptable or Medically Unacceptable by reason of medical fitness or medical unfitness. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170010073 0 4 1