RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060010472 


	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.


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	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as specialist (SPC), E-4; to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM); and to show his primary military occupational specialty (PMOS) as 11C1O (Indirect Fire Infantryman).  He also requests that his narrative reason for separation be changed to a medical discharge.

2.  The applicant states that he was promoted to E-4, was awarded the GWOTEM, and was discharged by a medical board.  

3.  The applicant provides a copy of his DD Form 214 for the period ending 27 November 2003; a DA Form 1059 (Service School Academic Evaluation Report), dated 22 November 2002; a DA Form 4187 (Personnel Action), dated 13 August 2003; and several medical documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in support of Operation Enduring Freedom and Operation Iraqi Freedom.

2.  After having had prior service in the U.S. Navy and the U.S. Naval Reserve, the applicant enlisted in the Florida Army National Guard (FLARNG) on 28 February 2000 in pay grade E-3.  He was ordered to active duty for training (ADT) on 2 June 2001 for training in MOS 31U (Signal Support Systems Specialist).  

3.  State of Florida, Department of Military Affairs, Office of the Adjutant General, St. Augustine, Florida Orders 198-003, dated 5 November 2002, ordered the applicant to ADT in MOS 11C on 9 November 2002.  He was awarded PMOS 11C on an unknown date.

4.  Headquarters and Headquarters Company, 3rd Battalion, 124th Infantry, Panama City, Florida Orders 4-1, dated 10 December 2002, awarded the applicant PMOS 31U and secondary MOS 11B effective 22 November 2002.  His PMOS 11C was withdrawn at this time.

5.  A Personnel Action (DA Form 4187), dated 15 December 2002, advanced the applicant to specialist (SPC), E-4 with an effective date of 16 December 2002.

6.  Departments of the Army and the Air Force Florida National Guard, St. Augustine, Florida Orders P361-371, dated 27 December 2002, ordered the applicant to active duty as a member of his Reserve component on 2 January 2003.  These orders show his rank as “PFC” on the standard name line.

7.  State of Florida, Department of Military Affairs, Office of the Adjutant General, St. Augustine, Florida Orders 231-075, dated 29 December 2002, ordered the applicant to active duty for special work (ADSW) on 27 December 2002 to 1 January 2003.  These orders show his rank as “PFC” on the standard name line.  

8.  Departments of the Army and the Air Force, Florida State National Guard, St. Augustine, Florida Orders P365-004, dated 31 December 2002, reassigned the applicant from paragraph 107/line 07 (MOS 31U1O) to paragraph 110/line 05 (MOS 11C1O) effective 29 December 2002.  These orders show his rank as “PFC” on the standard name line.

9.  The applicant was ordered to active duty on 2 January 2003 in support of Operation Enduring Freedom and Operation Iraqi Freedom.  

10.  Headquarters, 3rd Battalion, 124th Infantry, Fort Stewart, Georgia Orders 042-002, dated 11 February 2003 reassigned the applicant from paragraph 110/line 05 (MOS 11C1O) to paragraph 107/line 07 (MOS 31U1O) effective 11 February 2003.  His rank is shown as “PFC” on the standard name line.

11.  He served in Baghdad from 29 March 2003 through 19 October 2003.

12.  Headquarters, 3rd Infantry Division (Mechanized) and Fort Stewart Orders 
302-0043, dated 29 October 2003, released the applicant from active duty on 27 November 2003, not by reason of physical disability, and reassigned him to his FLARNG unit on the following date.  His rank is shown as “PFC” on the standard name line.

13.  His DD Form 214 for the period ending 27 November 2003 shows his rank as “PFC” in tem 4a (Grade, Rate, or Rank) and his pay grade as “E3” in item 4b (Pay Grade).  His effective date of pay grade is shown as 28 February 2000.

14.  His DD Form 214 for the period ending 27 November 2003 shows the Army Commendation Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with “M” Device, the Army Service Ribbon, the Overseas Service Bar, and the Army Lapel Button as authorized awards.

15.  Item 11 (Primary Specialty) on his DD Form 214 for the period ending 27 November 2003 shows the entry “31U1O SIGNAL SUPPORT SYSTEMS SPECIALIST -- 0 YRS-11 MOS//NOTHING FOLLOWS.”
16.  His DD Form 214 for the period ending 27 November 2003 shows he was released from active duty under the provisions of Army Regulation 635-200, paragraph 6-3A by reason of hardship and was issued a Separation Program Designator (SPD) code of “MDB” (Hardship).  The applicant’s request for voluntary release from active duty under Army Regulation 635-200, paragraph 
6-3 for hardship is not available.  

17.  The military pay records at the Defense Finance and Accounting Service (DFAS) show the applicant was promoted to pay grade E4 effective 16 December 2002 and that he was paid as an E-4 during the period January 2003 through November 2003.

18.  Departments of the Army and the Air Force Florida National Guard, St. Augustine, Florida Orders P355-002, dated 21 December 2003, transferred the applicant from paragraph 107/line 07 (MOS 31U1O) to paragraph 303/line 9994 (MOS 11B1O) effective 28 November 2003.  The additional instructions indicated “RELEASED FROM TITLE 10-ACTIVE DUTY.”  His rank is shown as “SPC” on the standard name line.

19.  In a 1 June 2004 memorandum, the applicant’s company commander requested the applicant be reviewed by a Medical Duty Review Board (MDRB).  The company commander indicated the applicant was initially seen for testing positive for tuberculosis (TB), for having back problems, and for having hearing problems.  The company commander indicated the applicant could not perform the duties required in the FLARNG and it would be in the best interest of the applicant’s health that he be medically discharged from the National Guard and as a Reserve of the Army.

20.  The applicant was placed on temporary profile on 11 January 2005 for thyroid nodule, Post Traumatic Stress Disorder (PTSD), cervical and thoracic spine, and a history of TB with a physical profile of 3T3T1113T.  The expiration date of the temporary profile was 11 April 2005.

21.  The applicant’s personnel records contain a Memorandum for Record, dated 8 February 2005, from a sergeant first class (SFC) of Headquarters and Headquarters Company, 3rd Battalion, 124th Infantry.  On 20 February 2003, the applicant had stepped into what appeared to be a large stump hole during their company training for mobilization at Fort Stewart, Georgia.  The applicant fell unbalanced to the ground with approximately a 40-pound ruck sack on his back.  The applicant was placed on light duty for several days and received medication for the pain.  The SFC stated that the applicant’s condition continued off and on all the way through his deployment with the unit.

22.  The applicant’s military physician submitted statements on 6 March 2005 to the FLARNG, Office of the State Surgeon.  The military physician indicated the applicant last visited him on 10 December 2003 and he described the applicant’s medical condition as chronic back pain.  The military physician recommended the applicant be released from the military.  

23.  The applicant submitted statements on 8 March 2005 to the FLARNG, Office of the State Surgeon.  He indicated that his last physical was on 28 October 2003 in Panama City, Florida.  He listed the medical conditions which affected his duty abilities as chronic back injury and TB.  He indicated he could not perform his military duties in wartime due to a chronic back injury.  

24.  The applicant’s civilian physician submitted statements on 15 March 2005 to the FLARNG, Office of the State Surgeon.  The civilian physician indicated the applicant last visited him on 15 March 2005 and described the applicant’s medical condition as cervical and thoracic disc disease, thyroid nodules, positive TB test, and PTSD.  The civilian physician recommended that the applicant be released from the National Guard.

25.  The applicant was placed on permanent profile on 12 April 2005 for thyroid nodule, TB, cervical and thoracic spine degenerative joint disease with a physical profile of 331113.

26.  On 12 April 2005, the applicant’s case was evaluated by a State Surgeon’s Medical Review Board (SSMRB) and he was determined not eligible for retention in accordance with (IAW) Army Regulation 40-501, paragraph 3-39h and paragraph 3-41(e)(1)(2).

27.  A 6 May 2005 memorandum indicated that the SSMRB had determined the applicant did not meet medical retention standards IAW Army Regulation 40-501, paragraphs 3-39h and 3-41(e)(1)(2) (Standards of Medical Fitness).  The memorandum indicated the applicant had the right to appeal the Physical Evaluation Board and could reply by memorandum 5 days prior to the effective date of discharge.  In addition, the applicant was afforded the opportunity to request a waiver for retention IAW Army Regulation 40-501, paragraph 17-4e or provide additional information from his civilian doctor.  

28.  Departments of the Army and the Air Force Florida National Guard, St. Augustine, Florida Orders P196-006, dated 15 July 2005, discharged the applicant from the Army National Guard and as a Reserve of the Army on 5 July 2005 under the provisions of National Guard Regulation 600-200, paragraph 
8-26j(1) by reason of [being] medical[ly] unfit for retention.  His NGB Form 22 for the period ending 5 July 2005 shows his rank as “SPC” with a date of rank of 16 December 2002.

29.  Army Regulation 600-8-22 (Military Awards) states that the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  

30.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom. The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.

31.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.  

32.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.

33.  The applicant elected to be awarded the Iraq Campaign Medal on 8 February 2007 by phone conversation with the Board analyst.

34.  Army Regulation 635-5-1 (SPD Codes) prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation, in effect at the time, showed that the SPD code “MDB” as shown on the applicant’s DD Form 214 specified the narrative reason for separation as involuntary release or transfer for “Hardship” and that the authority for separation under this separation program designator was 
“AR 635-200, Paragraph 6-3."  

35.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part, it directs that the titles of all MOS or area of concentration (AOC) served for at least one year and the number of years and months served will be entered in item 11.

36.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): 
P-physical capacity or stamina, U-upper extremities, L-lower extremities, 
H-hearing and ears, E-eyes, and S-psychiatric.  Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.  Numerical designators "2" and "3" indicate that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty.  The individual should receive assignments commensurate with his or her functional capacity.  

37.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  The unfitness is of such a degree that a Soldier is unable to perform the duties of his/her office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his/her employment on active duty.  In pertinent part, it states that the mere presence of an 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 Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating.  

DISSCUSSION AND CONCLUSIONS:

1.  The Personnel Action, dated 15 December 2002, shows the applicant was advanced to SPC, E-4 with an effective date of 16 December 2002.

2.  The applicant was ordered to active duty on 2 January 2003 and was separated on 27 November 2003.  Although the Personnel Action and his military pay records show he was advanced to SPC, E-4, his DD Form 214 for the period ending 27 November 2003 incorrectly reflects his rank and pay grade as PFC, 
E-3 with an effective date of pay grade as 28 February 2000.  Therefore, it would be appropriate to amend his DD Form 214 for the period ending 27 November 2003 to show his rank and pay grade as SPC, E-4 and to show the effective date of pay grade as 16 December 2002.

3.  The applicant served a period of qualifying service in support of Operation Enduring Freedom and Operation Iraqi Freedom in Baghdad for award of the GWOTEM, the GWOTSM, and the Iraq Campaign Medal.  However, the Military Awards regulation directs that no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.  The applicant stated that he preferred award of the Iraq Campaign Medal in lieu of the GWOTEM for service in Iraq.  Therefore, his DD Form 214 for the period ending 27 November 2003 should be amended to show the GWOTSM and the Iraq Campaign Medal.

4.  Orders were published in December 2002 which reassigned the applicant from duty MOS 31U1O to duty MOS 11B1O with an effective date of 29 December 2002.  In February 2003, orders were published which reassigned the applicant from duty MOS 11C1O to duty MOS 31U1O with an effective date of 11 February 2003.  

5.  Since the applicant served in duty MOS 11B1O for one month while he was on active duty, it would be appropriate to amend item 11 on his DD Form 214 for the period ending 27 November 2003 to add the entry “11B1O COMBAT INFANTRYMAN -- 0 YRS - 1 MOS.”

6.  It appears the applicant voluntarily submitted a request to be discharged under the provisions of Army Regulation 635-200, paragraph 6-3 due to hardship.  He was released from active duty on 27 November 2003 based on his request.  There is no evidence of record to show he was unable to perform duties while on active duty due to physical disability.  His DD Form 214 for the period ending 27 November 2003 appears to properly reflect he was released from active duty with a separation code of “MDB” (Hardship) IAW the governing regulation.  
7.  The applicant was evaluated by a SSMRB in April 2005, subsequent to his active duty service ending on 27 November 2003.  He was discharged from the FLARNG in July 2005 and his NGB Form 22 properly reflects he was discharged under the provisions of NGR 600-200, paragraph 8-26j(1) based on him being medically unfit for retention.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x_____  x______x______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 for the period ending 27 November 2003 of the individual concerned be corrected by:

	a.  amending item 4a to show the entry “SPC”;

	b.  amending item 4b to show the entry “E-4”; 

	c.  amending item 12h to show the entry “2002 12 16”;

	d.  adding award of the GWOTSM and the Iraq Campaign Medal; and 

	e.  adding the entry “11B1O COMBAT INFANTRYMAN -- 0 YRS - 1 MOS” to item 11.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his narrative reason for separation to a medical discharge.  



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          CHAIRPERSON


INDEX

CASE ID
AR20060010472
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070322
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100.0000
2.
107.0137
3.
107.0500
4.
110.0200
5.

6.