PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 July 2002
         DOCKET NUMBER: AR2001065073


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Raymond J. Wagner		Member
Mr. Arthur A. Omartian		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the entry “Temporarily Retired due to Disability” instead of the entry “Disability, Severance Pay.”

3. The applicant states, in effect, that item 28 of her DD Form 214 should show the entry “Temporarily Retired due to Disability” instead of the entry “Disability, Severance Pay.” In support of her application, she submits copies of: her
DD Form 214 (Certificate of Release or Discharge from Active Duty); DA Form 3349 (Physical Profile); Standard Form 88 (Report of Medical Examination); Standard Form 93 (Report of Medical History); DA Form 5181-R (Screening Note of Acute Medical Care); Medical Evaluation Board (MEB) Proceedings; Physical Evaluation Board (PEB) Proceedings; Physical Disability Case History Information Report; and a copy of her separation orders.

4. The applicant's military records show she enlisted in the USAR on 29 June 1999, as a petroleum specialist (77F) and continued to serve until she was honorably discharged on 6 April 2000. She was issued an uncharacterized discharge.

5. She reenlisted in the USAR on 4 May 2000, as an automated logistics specialist (92A). She was ordered to active duty on 2 June 2000.

6. The applicant provided a copy of her DA Form 3349, dated 15 November 2000, which shows that she was issued a permanent physical profile of 311111 with assignment limitations of no training and physical activity. It also stated that she had a medical condition of immune-complex glomerulonephritis (a variety of nephritis [inflammation of the kidney] characterized by inflammation of the capillary loops in the glomeruli [a tuft of cluster] of the kidney).

7. The applicant underwent a medical examination on 16 November 2000, and was found not qualified for duty with a 311111 physical profile. Item 25 (Physician summary and elaboration of pertinent data) of her Standard Form 93 indicated that she had: knee ache/swelling sometimes; shortness of breath, only with exertion; palpitation or pounding heart, which she occasionally feels at night; hypertension, good control with medication; and back pain, sometimes secondary to glomerulonephritis.

8. The applicant appeared before a MEB on 16 November 2000. She was diagnosed with immune-complex glomerulonephritis; service aggravated, yes, and nephritic syndrome secondary to the first diagnosis; service aggravated, yes. Both conditions were medically unacceptable and did not exist prior to service (EPTS).


9. The applicant did not meet the retention standards according to Army Regulation 40-401, chapter 3, paragraph 3-17(f)4. The MEB stated that it is expected that her renal function may remain stable; however, the presence of persistent proteinuria (the presence of protein in the urine) and some interstitial (pertaining to or situated in the interstices of a tissue) fibrosis may put her at risk and that she may proceed to end-stage renal failure at some future date. The applicant indicated that she did not want to continue on active duty. The MEB results were approved on 17 November 2000, and she was advised of the finding of the MEB on the same day. The MEB recommend that her case be forwarded to the PEB for final disposition.

10. On 1 December 2000, the applicant’s case was considered by an informal PEB which convened at Walter Reed Army Medical Center (WRAMC). The PEB considered the applicant’s condition of immune-complex glomerulonephritis with nephritic syndrome. The PEB concluded that the applicant’s medical condition prevented satisfactory performance of duty in her grade and specialty and that her condition had not stabilized to the point that permanent degree of severity could be determined. The PEB found the applicant unfit and recommend a combined rating of 30 percent and placement of the individual on the Temporary Disability Retired List (TDRL) with reexamination during May 2002. The applicant concurred with the findings of the PEB and waived a formal hearing of her case on 6 December 2000.

11. She was honorably discharged on 15 December 2000, under the provisions of 635-40, paragraph 4-2b(3), disability with severance pay. She completed
6 months and 14 days of creditable service. Her DD Form 214 shows she was paid severance pay in the amount of $2011.20 and was issued an SPD code of “JFL.”

12. A copy of orders was provided to a staff member of the Board, from the Physical Disability Agency (PDA) at WRAMC, which shows that the applicant was discharged on 3 January 2001. The PDA also provided a copy of a Physical Disability Case History Report from Fort Jackson, South Carolina, which shows that personnel were notified that the applicant’s SPD Code was “SFK.”

13. Army Regulation 40-501 provides information on medical fitness standards for induction, enlistment, appointment, retention, and related policies and procedures. Chapter 3 lists the various medical conditions and physical defects that may render a soldier unfit for further military service. Paragraph 3-17f(4) states that the medical condition of glomerulonephritis, when chronic, is a cause for referral to an MEB.




14. Paragraph 4-24 of Army Regulation 635-40 pertains to disposition by the Total Army Personnel Command (PERSCOM) upon the final decision of the PDA. It states that PERSCOM will dispose of the case by publishing orders or issuing proper instructions to subordinate headquarters, or return any disability evaluation case to the United States Army Physical Disability Agency (USADPA) for clarification or reconsiderations when newly discovered evidence becomes available and is not reflected in the findings and recommendations. Subparagraph 4-24b(2) applies to placement on the TDRL and 4-24b(3) applies to separation for physical disability with severance pay.

15. Army Regulation 635-5-1 prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons. The regulation shows that the SPD “JFL”, as shown on the applicant’s DD Form 214, specifies the narrative reason for discharge as “Disability, Severance Pay” and that the authority for discharge under this SPD is “Army Regulation 635-40, paragraph 4-24b(3).” The SPD code of “SFK” is appropriate when individuals are placed on the TDRL and the authority for placement is paragraph 4-24b(2).

CONCLUSIONS:

1. The evidence of record clearly shows that the PEB found the applicant physically unfit, recommended a combined rating of 30 percent, and placement on the TDRL with reexamination during May 2002. The evidence also shows that the applicant was initially assigned an SPD code of “SFK” which was appropriate when placed on the TDRL.

2. The Board notes that her DD Form 214 shows she was discharged on 15 December 2000, was issued an SPD code of “JFL” which was appropriate for disability with severance pay, and was paid severance pay in the amount of $2011.20.

3. The Board also notes that orders were later published changing the applicant’s discharge date to 3 January 2001, and that personnel were notified
that the applicant’s SPD Code was “SFK.” However, the applicant was discharged on 15 December 2000, with an SPD Code of “JFL.”

4. The Board notes that there was no change to the PEB’s original decision to place the applicant on the TDRL. Therefore, the applicant is entitled to be placed on the TDRL effective 15 December 2000, with all back pay and allowance, less recoupment of severance pay.



5. The evidence of record shows that the SPD Code of “SFK” is appropriate when individuals are placed on the TDRL. Therefore, the applicant is entitled to correction of item 26 (Separation Code) to show the entry “SFK” and item
28 (Narrative Reason for Separation) of her DD Form 214 to show the entry “Disability, Temporary.”

6. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected:

a. by placing the applicant on the TDRL effective 15 December 2000;

b. by showing that she is entitled to all back pay and allowances from 15 December 2000 to present, less recoupment of severance pay, in the pay grade of E-2;

c. by showing the entry “SFK” in item 26 (Separation Code);

d. by showing the entry “Disability, Temporary” in item 28 (Narrative Reason for Separation) of her DD Form 214; and

e. by scheduling her for a TDRL reevaluation at the earliest practical date.

BOARD VOTE:

__kk____ ___rw__ __ao___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Karol A. Kennedy____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065073
SUFFIX
RECON
DATE BOARDED	20020702
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	20001215
DISCHARGE AUTHORITY	AR 635-40, paragraph 4-24b(3)
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 177
2.
3.
4.
5.
6.