ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  30 April 2019
DOCKET NUMBER: AR20170019014


APPLICANT REQUESTS: Reconsideration of a portion of the previous Army Board for Correction of Military Records (ABCMR) decision as promulgated in Docket Number AR20140013463 on 22 October 2015.  In effect, she requests:

   a. Correction of item 25 (Separation Authority) of her DD Form 214 (Certificate of Release or Discharge From Active Duty), for the period ending 8 September 2014, to show she was retired under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 12 instead of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), Chapter 4.

   b. Correction of item 28 (Narrative Reason for Separation) of her DD Form 214, for the period ending 8 September 2014, to show she was retired due to "Sufficient Service for Retirement" instead of "Disability, Permanent (Enhanced)."

   c. Redaction of her DD Form 215 (Correction to DD Form 214 – Certificate of Release or Discharge From Active Duty), dated 28 August 2014, by deleting the entry "27. REENTRY CODE: 4 //NOTHING FOLLOWS," replacing the deleted entry with the entry "27.  REENTRY CODE:  4R //NOTHING FOLLOWS."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* online application
* Physical Disability Information Report, dated 11 June 2014
* Orders 162-1314, Issued by Headquarters, U.S. Army Garrison, Fort Sill on 11 June 2014
* DD Form 214, for the period ending 8 September 2014, dated 3 July 2014
   * DD Form 215, dated 28 August 2014 FACTS:
1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20140013463 on 22 October 2015.
1. 

2. The applicant provides a one page printout of a physical disability information report, retirement orders, and a DD Form 215, which were not previously reviewed by the Board in its initial consideration of her request. Therefore, these newly provided documents are considered new evidence that warrants consideration by the Board at this time.

3. The applicant states:

* her discharge document should be changed back to show the original reentry (RE) code "4R" because she did not sign the DD Form 215 that changed her RE code to "4" [thereby implying she did not agree with the change]
* she never had any disciplinary actions in her entire military career
* her retirement should have happened on the first of the month or at the end of the month; she completed twenty plus years of active duty
* she was injured medically after contracting Methicillin-Resistant Staphylococcus Aureus (MRSA)
* she had three total knee replacements and was scheduled to retire in 2015; her injury contributed to her retirement in 2014
* her DD Form 214 indicates she received an honorable discharge, years were taking away from her, and her DD Form 214 shows her RE code was "4R"
* she request that the error or injustice be corrected, as the Department of Defense (DoD) has announced new outreach efforts for Veterans regarding discharge and military records

4. Following prior active and inactive service, the applicant enlisted in the Regular Army on 12 August 2008, for a three year term, in the rank/grade of staff sergeant (SSG)/E-6.

5. The applicant deployed to Afghanistan on 31 August 2009, in a temporary change of station (TCS) status, in support of Operation Enduring Freedom (OEF).

6. The applicant was examined and treated at Landstuhl Regional Medical Center (LRMC), Landstuhl, Germany, for joint discomfort and urinary incontinence. Later, she was medically evacuated to the United States for continued medical care.

7. After medical treatment, the applicant voluntarily extended her period of enlistment by three months, due to the fact that she was pending a Military Occupational Specialty (MOS) Administrative Retention Review (MAR2).  As a result, her new expiration term of service date was established as 14 November 2011. The purpose of the MAR2 was to determine whether she was sufficiently medically fit to satisfactorily perform her primary MOS (PMOS) or if she should be reclassified to a less physically demanding MOS. Her Enlisted Record Brief (ERB) indicates the MAR2 recommended her reclassification into another MOS.

8. The applicant reenlisted in the Regular Army for an indefinite period of time in accordance with the needs of the Army. Her PMOS of 12C (Bridge Crewmember) was withdrawn and she was awarded MOS 42A (Human Resources Specialist) as her new
1. 

PMOS, to be effective upon her completion of the 42A course, which she completed on 28 September 2011.

9. The applicant underwent surgery for a total knee replacement that resulted in her being off duty from 29 October 2012 through on or about 16 January 2013.

10. In an e-mail dated 11 March 2013, the applicant informed numerous people that she was going to submit an application for voluntary retirement. She stated that she realized she was going before a medical board; however, she wanted to submit it for the future.  Her record is void of evidence that shows she submitted a retirement packet.

11. A DA Form 3349 (Physical Profile), dated 4 April 2013, shows the applicant was assigned a permanent physical profile due to bilateral knee pain, right eye blindness, hearing loss, and sleep apnea.

   a. As a result, her PULHES rating was established as "213331," meaning she was assigned the permanent serial factors indicated below, comprising the six factors in the Military Physical Profile Serial System:

* "2" in the "P" (Physical Capacity/Stamina) factor
* "1" in the "U" Upper Extremities) factor
* "3" in the "L" (Lower Extremities) factor
* "3" in the "H" (Hearing/Ears) factor
* "3" in the "E" (Vision–Eyes) factor
* "1" in the "S" (Psychological) factor

   b. It was determined that she did not meet the retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), Chapter 3, and she was referred to the Integrated Disability Evaluation System (IDES) to undergo a medical evaluation board (MEB).

12. The applicant underwent additional surgery in the form of right revision total knee arthroplasty, abundant scar excision, and patellectomy.

13. A physical evaluation board (PEB) convened to determine the applicant's retention on active duty.  Her PEB Proceedings are not available for review; however:

   a. A Physical Disability Information Report, dated 10 June 2014, and Orders 162- 1314, issued by the U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Sill, OK on 11 June 2014 (as amended by Orders 240-1307, dated 28 August 2014), show the applicant was to be released from her assignment and duty because of physical disability incurred while entitled to basic pay and under conditions that permitted her retirement for permanent physical disability with a disability rating of 60 percent.
   a. 

   b. The effective date of her retirement was 8 September 2014 and she was to be placed on the Retired List the following day. The authority cited for her retirement due to permanent physical disability was Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).

14. The applicant was permanently retired on 8 September 2014, by reason of disability, permanent (enhanced). Her DD Form 214 shows she was credited with completing 6 years and 27 days of net active service this period, and 16 years and 27 days of total prior active service, totaling 22 years, 1 month, and 24 days of total
active service. She was issued the separation code "SEJ" (Disability, Permanent) and RE code "4R."

15. A DD Form 215 was created on 28 August 2014, which corrected her
DD Form 214 to show she completed 15 years, 6 months, and 4 days of prior active service, in effect, lowering her total active service to 21 years, 7 months, and 1 day.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board found there was insufficient evidence to change separation authority, narrative reason for separation or the reentry code of the separation.  Based upon the review of the separation documents, the Board concluded that there was no evidence of an error or injustice which would warrant changing any of the requested relief.

BOARD VOTE:

Member 1 Member 2   Member 3

:	;	:	Full Grant
:	:	:	Partial Grant
:	:	:	Formal Hearing Grant
X	X	X	Deny


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.
5/10/2019

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. Title 10, U.S. Code, 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 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides that for:

   a. Item 25, the preparer should enter the correct entry from the regulation or directive that authorized the separation.

   b. Item 26 (Separation Code), the preparer should enter the corresponding separation code from Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), for the regulatory authority and reason for separation.

   c. Item 27 (Reentry Code), the preparer should enter the appropriate Regular Army and Reserve Component RE code from Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program).

   d. Item 28, the preparer should enter the narrative reason for separation identified in the regulation or directive that authorized the separation.

3. Army Regulation 635-5-1 provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the separation codes to be entered on the DD Form 214.  It provides that:

   a. The separation code "SEJ" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, Chapter 4, by reason of disability, permanent. The SPD/RE Code Cross Reference Table stipulates that RE code "4" code will be assigned to members separated under these provisions with a separation code of "SEJ."

   b. The SPD code "SBD" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, Chapter 12, by reason of retirement for length of service. The SPD/RE Code Cross Reference Table stipulates that RE code "4R" code will be assigned to members separated under these provisions with a separation code of "SBD."

4. Army Regulation 635-40 establishes the Army Disability Evaluation System (DES) and sets forth policies, responsibilities, and procedures that apply in determining
1. 

whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating.

   a. It provides for medical evaluation boards (MEB), which 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 qualifications for retention based on the criteria in Army Regulation 40-501 (Standards of Medical Fitness), Chapter 3. If the MEB determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a Physical Evaluation Board (PEB).

   b. PEBs are established to evaluate all cases of physical disability equitably for the Soldier and the Army. It is a fact finding board to investigate the nature, cause, degree of severity, and probable permanency of the disability for Soldiers who are referred to the board; to evaluate the physical condition of the Soldier against the physical requirements of the Soldier’s particular office, grade, rank or rating; to provide a full and fair hearing for the Soldier; and to make findings and recommendation to establish eligibility of a Soldier to be separated or retired because of physical disability.

   c. 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. Directive-Type Memorandum (DTM) 11-015 explains the IDES.  It states:

   a. The IDES is the joint DOD-VA process by which DOD determines whether wounded, ill, or injured service members are fit for continued military service and by which DOD and VA determine appropriate benefits for service members who are separated or retired for a service-connected disability.  The IDES features a single set of disability medical examinations appropriate for fitness determination by the Military Departments and a single set of disability ratings provided by VA for appropriate use by both departments. Although the IDES includes medical examinations, IDES processes are administrative in nature and are independent of clinical care and treatment.

   b. Unless otherwise stated in this DTM, DOD will follow the existing policies and procedures requirements promulgated in DODI 1332.18 and the Under Secretary of Defense for Personnel and Readiness memoranda. All newly initiated, duty-related physical disability cases from the Departments of the Army, Air Force, and Navy at operating IDES sites will be processed in accordance with this DTM and follow the process described in this DTM unless the Military Department concerned approves the exclusion of the service member due to special circumstances. Service members whose cases were initiated under the legacy DES process will not enter the IDES.

   c. IDES medical examinations will include a general medical examination and any other applicable medical examinations performed to VA C&P standards. Collectively,
   a. 

the examinations will be sufficient to assess the member’s referred and claimed condition(s) and assist VA in ratings determinations and assist military departments with unfit determinations.

   d. Upon separation from military service for medical disability and consistent with BCMR procedures of the Military Department concerned, the former service member (or his or her designated representative) may request correction of his or her military records through his or her respective Military Department BCMR if new information regarding his or her service or condition during service is made available that may result in a different disposition. For example, a veteran appeals VA’s disability rating of an unfitting condition based on a portion of his or her service treatment record that was missing during the IDES process. If VA changes the disability rating for the unfitting condition based on a portion of his or her service treatment record that was missing during the IDES process and the change to the disability rating may result in a different disposition, the service member may request correction of his or her military records through his or her respective Military Department BCMR.

   e. If, after separation from service and attaining veteran status, the former service member (or his or her designated representative) desires to appeal a determination from the rating decision, the veteran (or his or her designated representative) has 1 year from the date of mailing of notice of the VA decision to submit a written notice of disagreement with the decision to the VA regional office of jurisdiction.

6. Army Regulation 635-200 states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.

7. Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve.  Table 3-1 includes a list of Regular Army RE codes:

   a. RE code "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.

   b. RE code "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible for enlistment unless a waiver is granted.

   c. RE code "4" applies to Soldiers who are separated from their last period of service with a non-waivable disqualification.  They are ineligible for enlistment.

   d. RE code "4R" applies to persons retired for length of service with 15 or more years of active Federal service.