IN THE CASE OF: BOARD DATE: 15 June 2022 DOCKET NUMBER: AR20220000126 APPLICANT REQUESTS: in effect, entry into the disability evaluation system with a finding he was found medically unfit with a rating greater than 30 percent entitling him to medical retirement benefits including retroactive retired pay. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statement, 7 July 2021 * Service Treatment Records * Orders 91-8, 13 May 1997 * Department of Veterans Affairs (DVA) rating decisions and benefit letters FACTS: 1. The applicant did not file within the 3-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 he is seeking a correction to his military record because he was erroneously discharged in 1997. He states in effect he was erroneously discharged due to a L5 [lumbar spine] broken vertebra. His L5 slipped forward onto the S1 [sacral base] of his spine. His injury pinches nerves within his spinal column affecting his ability to work, walk and function. a. He was discharged because an Army medical doctor stated he had spondylolysis which is a painful spine condition. He states, "Having spondylolysis can lead to small stress fractures or cracks." He claims an Army surgeon who was not a neurosurgeon diagnosed him with spondylolisthesis, a condition causing low back pain when some vertebrae slip out of place onto the vertebrae below causing an impingement within the spinal cord. During the accident, his C5 [cervical spine] was crushed and he was hospitalized for 2 days. He still remembers when the Army doctor told him he was unfit for duty. His dream of an Army career ended. He recalls he did graduate from basic combat training with a "broken neck and back, I marched in graduation with a broken neck and back, yet I was unfit?" b. He sought help with his DVA claims and he is currently rated 50 percent disabled by them because his back condition is considered a service-connected disability. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he received an uncharacterized character of service because he failed to meet procurement medical fitness standards. For him, his type of discharge and reason for his discharge is an injustice. Many staff members of the DVA and the Texas Veterans Commission support his contention that his discharge was a misclassification. c. He believes the Army surgeon’s actions were intentional and filled with malice. He states his surgeon’s actions were done with the intent to save the Army money and keep the Army from having responsibility for his broken back and neck. In July 2021 after an electromyography he was told his C5, C6 and C7 discs were crushed and he would need surgery. He believes they were crushed during his accident. He is now pending surgery. d. He also believes Army personnel intentionally fleeced him out of receiving benefits because of his short period of active service. Army personnel erred impacting his quality of life for nearly 24 years. In effect, he is seeking correction to his record through the Army disability evaluation system with entitlement to military retired pay based on disability incurred while entitled to basic pay. 3. The applicant’s official military personnel file maintained at the National Personnel Records Center, part of the National Archives in St. Louis, Missouri contains the following evidentiary facts. a. He enlisted in the U.S. Army Delayed Entry Program on 21 March 1997. On 13 May 1997 he was administratively discharged from the Delayed Entry Program enlisting in the Regular Army for a period of 4 years. He was ordered to report to Fort Jackson, South Carolina by Orders Number 91-8 dated 13 May 1997. b. He reported as ordered to Fort Jackson and was assigned to a basic training company. c. On 29 July 1997 his medical records, laboratory findings and results of his medical examination underwent a review by an Entrance Physical Standards Board. The decision of this board is recorded on DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings). The board determined the applicant had a medical condition that existed prior to his entrance onto active duty or existed prior to his service (EPTS). He had chronic low back pain. The objective findings indicate he had tender lumbar area mid-line musculature with marked decreased range of motion in all directions. He had pain with bilateral straight leg raises at 90 degrees. His x-ray findings show marked lumbar sacral angle with spondylolysis. The diagnosis was spondylolysis at L5. The medical board recommended to the separation authority his administrative separation from the Regular Army for failure to meet medical procurement standards under Army Regulation 40-501 (Standards of Medical Fitness) paragraph 2-36 (Spine and Sacroiliac Joints), subparagraph 2-36k (Spondylolysis). The board also determined his condition did exist prior to service and that his active service did not aggravate his medical condition. The board further stated he meet the medical retention standards of chapter 3, Army Regulation 40-501. The board concluded by issuing him a permanent profile for his lower extremities with a rating of three (L3). He could not run, jump, nor carry weight over 30 pounds. He could not undergo strenuous physical activity. Two medical orthopedists signed his DA Form 4707. A senior Army medical doctor approved the findings of the board determining it was not practical for him to remain in the Army. d. On 1 August 1997 he was counseled regarding his pending separation. He acknowledged his counseling and concurred with the board proceedings. He requested discharge from the Army without further delay. e. Also on 1 August 1997 his company commander also counseled him regarding his EPSBD findings and recommendations. His counseling is recorded on DA Form 4856 (General Counseling Form). His company commander stated the applicant agreed with the board recommendation and that it was the best course of action for him. He did indicate he had entered the military to better his family’s standard of living. f. On 4 August 1997 he submitted a personal hand written statement stating he understood the reason for his separation. He stated, "…do to my back injury prior to entering the service. Although there was never any pain or discomfort before entering, I understand it was a condition I was born with." g. On 5 August 1997 an Army Judge Advocate reviewed the applicant’s separation packet stating he had no legal objection to the applicant’s separation. h. On 8 August 1997 the separation approval authority approved the board proceedings and directed the applicant’s administrative separation. i. On 14 August 1997 personnel at Fort Jackson issued him Orders Number 226- 1311 discharging him from the Regular Army effective 18 August 1997. This order states he was not assigned a disability percentage. The authority for his discharge was Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). j. On 18 August 1997 was discharged from the Regular Army. He was issued a DD Form 214 showing he entered active duty on 13 May 1997. He served 3 months and 6 days on active duty. He did not complete his advanced individual training and subsequently he was not awarded a military occupational specialty. His DD Form 214 contains the following pertinent information: * Block 23 (Type of Separation) – discharge * Block 24 (Character of Service) – uncharacterized * Block 25 (Separation Authority) – Army Regulation 635-200 paragraph 5-11 * Block 28 (Narrative Reason for Separation) – failure to meet procurement medical fitness standards 4. The applicant provides copies of his service treatment record, DVA documents, and excerpts from his personnel record for the Board’s review. The following evidence has not been previously discussed within this Record of Proceedings. a. On 17 March 1997 he completed DD Form 2246 (Applicant Medical Prescreening Form). He indicated he had no back trouble or other physical impairments. He also indicated he had not had any illness or injury including broken bones requiring treatment by a physician, surgeon, hospitalization or a surgical operation. He did indicate he wore glasses. b. He received medical treatment by multiple medical providers after entering active service as follows: * on 5 June 1997, he reported he had a history of trauma to his right knee, upon examination his right knee was swollen * on 27 June 1997, he complained of numbness in the toes of his right foot * on 8 July 1997, he reported the onset of lumbar back pain when he felt a pop while going from a prone position to a spine position * seen multiple dates for complaint of lower back pain including emergency room visits due to threshold of pain * on 10 July 1997, he was seen in the physical therapy clinic wherein he reported he fell during a 3 to 5 second rush during a field training exercise causing lower back pain and knee pain * on 25 July 1997, he was seen for lower back pain reporting a history of pain for 3 weeks * on 26 July 1997, a physical therapist noted he had lumbar back pain and noted his mechanical measurements including his ability to hold a straight leg raise to 50 degrees, encountered lower back pain at 30 seconds while moving his knees to his chest, among other findings * on 26 July 1997, a physical therapist recommended a referral to the orthopedic clinic for a profile and medical board * on 29 July 1997, for chronic low back pain with a medical provider stating the applicant should undergo a medical board for his EPTS condition c. A DVA letter informed him that he entered active duty on 13 May 1997 and was discharged on 18 August 1997. His character of service is shown as "Under Honorable Conditions." d. His multiple DVA rating decisions show the following as of 11 April 2021: * lumbar spine degenerative disc disease and spondylolisthesis at L5, his rating was 40 percent disabling * right lower extremity radiculopathy with a rating of 20 percent disabling * erectile dysfunction rating 0 percent disabling * his combined rating was 50 percent disabling * entitlement to special monthly compensation based on loss of use of a creative organ 5. Army Regulation 635-200 provides within paragraph 5-11 for the separation of Soldiers who did not meet medical procurement medical fitness standards for enlistment or who became medically disqualified after entrance onto active duty within the initial 180 days (6 months) of active duty service including active duty for training. Medical proceedings must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier’s initial entrance on active duty for the Regular Army. The medical condition identified would have permanently or temporarily disqualified the Soldier for entry into the military service. An entry level status is defined as the first 180 days of creditable continuous active duty. A separation will be described as an entry level separation with service uncharacterized (Block 24 of DD Form 214) if processing is initiated while a Soldier is in entry level status. 6. Based on the applicant’s request and his statement that he has medical conditions warranting consideration of a medical separation or retirement, the Army Review Boards Agency medical staff provided a medical review for the Board members. See "MEDICAL REVIEW" section. 7. Title 10, USC, 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, USC, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating at less than 30 percent. 8. The Army rates only conditions determined to be physically unfitting at the time of discharge, which disqualify the Soldier from further military service. The Army disability rating is to compensate the individual for the loss of a military career. The VA does not have authority or responsibility for determining physical fitness for military service. The VA may compensate the individual for loss of civilian employability. 9. Title 38, USC, Sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active military service. However, an award of a VA rating does not establish an error or injustice on the part of the Army. 10. Title 38, Code of Federal Regulation, Part IV is the VA’s schedule for rating disabilities. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge. As a result, the VA, operating under different policies, may award a disability rating where the Army did not find the member to be unfit to perform his duties. Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. 11. MEDICAL REVIEW: The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this case. Documentation reviewed included the applicant’s ABCMR application and accompanying documentation, the military electronic medical record (AHLTA), the VA electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the Medical Electronic Data Care History and Readiness Tracking (MEDCHART) application, and the Interactive Personnel Electronic Records Management System (iPERMS). The ARBA Medical Advisor made the following findings and recommendations: a. The applicant is applying to the ABCMR essentially requesting a referral to the Disability Evaluation System and for an upgrade of his uncharacterized discharge. He states: “In 1997 an orthopedic surgeon (not a Neurosurgeon) discharged me out of the Army due to "Spondylolysis which is a spine condition that can be painful. It's a problem with the connection between vertebrae - the bones that make up the spine. Having Spondylolysis can lead to small stress fractures or cracks." b. The Record of Proceedings outlines the applicant’s military service and the circumstances of the case. His DD 214 shows he entered the regular Army on 13 May 1997 and received an uncharacterized discharged on 18 August 1977 under the separation authority provided by paragraph 5-11 of AR 635-200, Personnel Separations – Enlisted Personnel (30 August 1995): Separation of personnel who did not meet procurement medical fitness standards. c. Spondylolysis is the small stress fractures / cracks the applicant referenced. These isolated pars defects, like the ones applicant had, are present in up to 6% of the population, are most often either congenital or acquired, and are almost never secondary to acute trauma. While reports of trauma are often associated with an onset or increase in lumbar pain associated with spondylolysis, isolated pars fractures are very rarely caused by trauma: The substantial energy required to yield these fractures through acute trauma would also lead to the fracturing of associated boney structures and/or damage to ligamentous and other soft tissue structures nearby. d. On 29 July 1997, the applicant was referred to an Entrance Physical Standards Board (EPSBD) for IAW paragraph 5-11 of AR 635-200 for chronic low back pain that had failed to respond to conservative treatment. EPSBDs are convened IAW paragraph 7-12 of AR 40-400, Patient Administration. This process is for enlisted Soldiers who within their first 6 months of active service are found to have a preexisting condition which does not meet the enlistment standard in chapter 2 of AR 40-501, Standards of Medical Fitness (1 December 1983), but does meet the chapter 3 retention standard of the same regulation. The fourth criterion for this process is that the preexisting condition was not permanently aggravated by their military service. e. From the Entrance Physical Standards Board (EPSBD) Proceedings (DA Form 4707) dated 29 July 1997: (1) HISTORY OF EPTS CONDITION: Patient has chronic low back pain. (2) SUBJECTIVE FINDINGS: Patient unable to complete training because of back pain. (3) OBJECTIVE FINDINGS: Has tender lumbar area midline and musculature. Has marked decreased range of motion in all directions. Has pain with straight leg raise bilaterally. (4) X-Rays: X-ray showed marked lumbar sacral angle with spondylolysis (5) RECOMMENDATIONS: It is recommended that this soldier be separated from the US Army for failure to meet medical procurement standards IAW Chapter 2, para. 2-36k, AR 40-501. (6) EPTS {existed prior to service}: Yes (7) Permanently service aggravated: No f. Paragraph 2-36 k of AR 40-501 (30 August 1995) states the spondylolysis fails medical procurement standards when “symptomatic or likely to interfere with performance of duty or limit assignments, even if successfully fused.” g. The EPSBD determined the condition had existed prior to service (EPTS), failed the enlistment standard of paragraph 2-36k of AR 40-501, had not been permanently aggravated by his military service, and was not compatible with continued service. The applicant agreed with these findings on 1 August 1997, marking and initialing the option “I concur with these proceedings and request to be discharged from the U.S. Army without delay.” h. An uncharacterized discharge is given to individuals who separate prior to completing 180 days of military service, or when the discharge action was initiated prior to 180 days of service. This type of discharge does not attempt to characterize service as good or bad. Through no fault of his own, he simply had a medical condition which was, unfortunately, not within enlistment standards. i. It is the opinion of the Agency Medical Advisor that neither an upgrade of his discharge nor referral of his case to the DES is warranted. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. Upon review of the applicant’s petition, available military records and the medical review the Board concurred with the advising official finding that neither an upgrade of his discharge nor referral of his case to the DES is warranted. The Board found the applicant was evaluated by the EPSBD and determined his condition had existed prior to service (EPTS), he failed the enlistment standard of paragraph 2-36k of AR 40-501, and his condition had not been permanently aggravated by his military service and was not compatible with continued service. The records show the applicant agreed with these findings on 1 August 1997, marking and initialing the option “I concur with these proceedings and request to be discharged from the U.S. Army without delay.” 2. The Board agreed the applicant did not complete training as a result, there is no basis for granting the applicant's request. The Board noted an uncharacterized discharge is not derogatory; it is recorded when a Soldier has not completed more than 180 days of creditable continuous active duty prior to initiation of separation. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated as honorable or otherwise. 3. Referral to the IDES occurs when a Soldier has one or more conditions which appear to fail medical retention standards as documented on a duty liming permanent physical profile. The DES compensates an individual only for service incurred medical condition(s) which have been determined to disqualify him or her from further military service. The DES has neither the role nor the authority to compensate service members for anticipated future severity or potential complications of conditions which were incurred or permanently aggravated during their military service; or which did not cause or contribute to the termination of their military career. These roles and authorities are granted by Congress to the Department of Veterans Affairs and executed under a different set of laws. Based on this, the Board denied relief. 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, United States 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 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. 2. Title 10, USC, section 1556 of, requires the Secretary of the Army to ensure that an applicant seeking corrective action by the Army Review Boards Agency (ARBA) be provided with a copy of any correspondence and communications (including summaries of verbal communications) to or from the Agency with anyone outside the Agency (emphasis added) that directly pertains to or has material effect on the applicant's case, except as authorized by statute. ARBA medical advisory opinions and reviews are authored by ARBA civilian and military medical and behavioral health professionals and are therefore internal agency work product. Accordingly, ARBA does not routinely provide copies of ARBA Medical Office recommendations, opinions (including advisory opinions), and reviews to Army Board for Correction of Military Records applicants (and/or their counsel) prior to adjudication. 3. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) in effect at the time, established the Army Physical Disability Evaluation System (PDES) and set forth policies, responsibilities, and procedures that applied in determining whether a Soldier was unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. 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 (who have completed his or her advanced military training and awarded a military occupational specialty) 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. 4. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) currently in effect prescribes the Army Disability Evaluation System 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 office, grade, rank, or rating. It implements the requirements of Title 10, U.S. Code, chapter 61; Department of Defense Instructions (DoDI) 1332.18 (Disability Evaluation System (DES)); DoD Manuel 1332.18 (DES Volumes 1 through 3) and Army Directive 2012-22 (Changes to Integrated Disability Evaluation System Procedures) as modified by DoDI 1332.18. a. The Surgeon General of the Army will establish and interpret medical standards for retaining Soldiers on active duty. b. The objectives are to maintain an effective and fit military organization with maximum use of available manpower; provide benefits to eligible Soldiers whose military service is terminated because of a service-connected disability; and provide prompt disability evaluation processing ensuring the rights and interests of the Government and Soldier are protected. c. Public Law 110-181 defines the term, physical DES, as a system or process of the DoD for evaluating the nature and extent of disabilities affecting members of the Armed Forces that is operated by the Secretaries of the military departments and is composed of medical evaluation boards, physical evaluation boards, counseling of Soldiers, and mechanisms for the final disposition of disability evaluations by appropriate personnel. d. The DES begins for a Soldier when either of the events below occurs: (1) The Soldier is issued a permanent profile approved in accordance with the provisions of Army Regulation 40–501 and the profile contains a numerical designator of P3/P4 in any of the serial profile factors for a condition that appears not to meet medical retention standards in accordance with AR 40–501. Within (but not later than) 1 year of diagnosis, the Soldier must be assigned a P3/P4 profile to refer the Soldier to the DES. (2) The Soldier is referred to the DES as the outcome of MAR2 evaluation. e. A medical evaluation board is convened to determine whether a Soldier’s medical condition(s) meets medical retention standards per Army Regulation 40-501. This board may determine a Soldier’s condition(s) meet medical retention standards and recommend the Soldier be returned to duty. This board must not provide conclusions or recommendations regarding fitness determinations. f. The physical evaluation board (PEB) determines fitness for purposes of Soldiers’ retention, separation or retirement for disability under Title 10, U.S. Code, chapter 61, or separation for disability without entitlement to disability benefits under other than Title 10, U.S. Code, chapter 61. The physical evaluation board also makes certain administrative determinations that may benefit implications under other provisions of law. The PEB is not a statutory board. It is a fact finding board evaluating the physical condition of the Soldier against the physical requirement of the Soldier’s office, grade, rank or raring. g. The PEB may recommend separation due to physical disability with a disabling rating of less than 30 percent under Title 10, USC, section 1203. h. Unless reserved for higher authority, the U.S. Army Physical Disability Agency (USAPDA) approves disability cases for the Secretary of the Army and issues disposition instructions for Soldiers separated or retired for physical disability. Paragraph 4-27 (Final disposition by USAPDA) states in subparagraph 4-27c (3) that separation with disability severance pay is directed under Title 10, U.S. Code, section 1203 or Title 10, U.S. Code, section 1206, as applicable when the Soldier has less than 20 years of service computed under Title 10, U.S. Code, section 1208 and the Soldier’s combined disability rating is less than 30 percent. i. Effective 19 January 2017, the DES legacy process will be used for Army Veterans referred to the DES by the Army Board for Correction of Military Records (ABCMR). The Secretary of the Army or designee approves requests for legacy processing on a case-by-case basis. The MEB convening authority will assign a physician or physicians to conduct the required examination(s). The examinations will meet the minimum criteria of the VA medical examinations. Medical conditions evaluated during the DES will solely consist of those conditions for which a P3/P4 profile(s) was approved and any other conditions which the physician conducting the MEB finds individually or in combination are not likely to meet medical retention standards. Cases referred by the ABCMR address conditions in the context of their status at the time of the Veteran’s separation. 5. Army Regulation 635-200 sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers. Readiness is promoted by maintaining high standards of conduct and performance. Paragraph 5-11 provided for the separation of Soldiers who did not meet medical procurement medical fitness standards for enlistment or who became medically disqualified after entrance onto active duty within the initial 180 days (6 months) of active duty service. Medical proceedings must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier’s initial entrance on active duty for the Regular Army or during active duty training for initial entry training for the U.S. Army National Guard and the USAR. A Soldier will not be processed under these procedures if he/she has completed 180 days of active duty. a. The medical diagnosis would have permanently or temporarily disqualified her for entry into the military service or entry on active duty or active duty for training for initial entry training had it been detected at that time. b. No Soldier has a right to be retained under this paragraph. Soldiers not retained will be processed for separation. c. Soldiers can be retained by the separation authority if he or she determines, after considering the findings of an Entrance Physical Standards Board, that the Soldier’s disqualifying condition will not prevent the Soldier from performing satisfactorily throughout their period of enlistment. The board operates informally and reviews all applicable medical records. The purpose of the board is to document the medical condition(s) which existed prior to service and would have precluded induction or enlistment. The board will also note any changes in the Soldier’s physical condition since their entry onto active duty. The Soldier’s commander will counsel him as to their rights including the opportunity to consult with an attorney. d. Soldiers who do not meet the medical fitness standards for retention will be processed per Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) and Army Regulation 40-501 (Medical Services – Standards of Medical Fitness). e. A separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status. An entry level status is defined as the first 180 days of creditable continuous active duty or active duty for training. f. An honorable characterization of service may be awarded to a Soldier upon completion of their first enlistment period or the period for which called or ordered to active duty or active duty for training provided the Soldier completed training and was awarded a military occupational specialty. 6. Army Regulation 635-5 (Personnel Separation – Separation Documents) in effect at the time stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It stated to use the following documents when preparing a DD Form 214WS (Worksheet): * DA Form 2-1 (Personnel Qualification Record * separation approval authority documentation * separation orders * any other document authorized for filing in their official military personnel file 7. Army Regulation 635-8 (Separation Processing and Documents) currently in prescribes policy and procedural guidance relating to transition management. It consolidated the policies, principles of support, and standards of service regarding processing personnel for transition. 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 action, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on terminations of a Soldier’s service. When separation is ordered, the separation approval document must be present for transition processing these included the Enlisted Record Brief or Officer Record Brief, separation approval documents, separation orders and any other document authorized for filing in the personnel records. a. For Block 25 (Separation Authority) obtain the correct entry from the regulatory directives authorizing separation. b. For Block 26 (Separation Code) obtain the correct entry from Army Regulation 635-5-1, which provides the corresponding separation program designators (SPD) code for the regulatory authority and reason for separation. c. For Block 28 (Narrative Reason for Separation) it is based on the regulatory or other authority and can be checked against the cross reference tables in Army Regulation 635-5-1. 8. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 9. Title 38, USC, section 1110 (General - Basic Entitlement) states for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. 10. Title 38, USC 1131 (Peacetime Disability Compensation - Basic Entitlement) for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000126 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1