IN THE CASE OF:	  

		BOARD DATE:	        13 JANUARY 2009

		DOCKET NUMBER:  AR20080017101 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that Item 26 (Separation Code) and Item 28 (Narrative Reason for Separation) of his separation document (DD Form 214) be corrected to show he was discharged due to permanent disability.

2.  The applicant states that he was being processed for a medical discharge and that a Physical Evaluation Board (PEB) was initiated.  However, he was released from active duty (REFRAD) prior to completion of the PEB.  He tried to have his DD Form 214 corrected prior to his discharge by using Order D142-01, but he was instructed to have it corrected through the Army Board for Correction of Military Records (ABCMR).

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Order D142-01, dated 21 May 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he enlisted in the U.S. Air Force on 23 August 1974.  He served as a Pavement Maintenance Specialist (55150) until he was released from active duty on 24 August 1978 and transferred to the Air Force Reserve.  He completed 4 years of active service.

2.  He enlisted in the U.S. Army Reserve (USAR) on 17 December 1982 for
2 years and immediately reenlisted for 3 years on 14 October 1984.  He served continuously in the USAR until he was ordered to active duty on 9 December 
2002.  He was promoted to the rank of sergeant major on 1 December 2004.
3.  His DD Form 214 shows that he was released from active duty on 9 March 2007.

4.  Headquarters, National Training Center, Fort Irwin, CA, Orders Number
064-0036, dated 5 March 2007 show that the applicant was released from active duty and assigned to the Human Resources Command, Alexandria, Virginia 22332 effective 9 March 2007.

5.  Item 9 (Command to Which Transferred) of his DD Form 214 shows the entry Human Resources Command, Alexandria, Virginia 22332.

6.  Item 12b (Separation Date This Period) of his DD Form 214 shows the entry 2007 03 09 and Item 12c (Net Active Service This period) shows the entry  
4 years, 3 months, and 1 day.

7.  Item 26 of his DD Form 214 shows the entry "LBK" and Item 27 (Reentry Code) shows NA.

8. Item 28 of his DD Form 214 shows the entry Completion of Required Active Service.

9.  U.S. Army Human Resources Command (USA HRC), St. Louis, Missouri, Orders Number D-05-710387 dated 8 May 2007 shows that the applicant was honorably discharged from the USAR effective 8 May 2007.

10.  A DA Form 199 (PEB Proceedings) dated 16 May 2007 shows that the applicant was a Reservist who was an active drilling member of a troop program unit.

11.  U.S. Army Physical Disability Agency (USAPDA) Orders Number D142-01 dated 21 May 2007 show that the applicant was released from active duty because of permanent disability and placed on the retired list on 21 May 2007.

12.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the US Army Reserve.  Chapter 3 of this 
regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces reentry (RE) codes, including Regular Army RE codes.  

13.  Table 3-1 (U.S. Army reentry eligibility codes) of Army Regulation  
601-210 provides that an RE code of RE-4 applies to persons separated from the last period of service with a non-waivable disqualification.
14.  Army Regulation 635-5-1 (Separation Program Designated (SPD) Codes), Table 2-3, provided at the time that the SPD code of SFJ denoted disability, permanent.

15.  The Army Human Resources Command publishes a cross-reference table of SPD and RE codes.  This cross-reference table shows that an SPD code of SFJ is assigned an RE code of RE-4.

16.  Army Regulation 635-40 (Physical 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that Item 26 and Item 28 of his DD Form 214 be corrected to show he was discharged due to permanent disability.

2.  After considering the evidence of the applicant's case, it is reasonable to conclude that an administrative error was made during the publishing of Orders Number 064-0036 and Orders Number D-05-710387. 

3.  The evidence shows that the applicant was pending final disposition of his PEB prior to being released from active duty.  Since the applicant was not being separated as an operation of law or because of inefficiency or misconduct, he should have remained on active duty until final action was taken on his PEB.

4.  Orders Number D142-01 dated 21 May 2007 shows that the applicant was released from duty because of permanent disability and placed on the retired list on 21 May 2007.

5.  Therefore, Orders Number 064-0036 and D-05-710387 should be voided and the applicant's DD Form 214 be corrected to show in Item 9, Retired Reserve; in Item 12b, 2007 05 21; in Item 12c, 4 years, 5 months, 13 days; in Item 23, Retirement; in Item 25, Army Regulation 635-40; in Item 26, SFJ; in Item 27,
RE-4; and in item 28, disability, permanent. 







BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by;

	a.  voiding Orders Number 064-0036 and D-05-710387; and showing

	b.  in Item 9 of his DD Form 214, Retired Reserve;

	c.  in Item 12b of his DD Form 214, 2007 05 21;

	d.  in Item 12c of his DD Form 214, 4 years, 5 months, and 13 days;

	e.  in Item 23 of his DD Form 214, Retirement;

	f.  in Item 25 of his DD Form 214, Army Regulation 635-40;

	g.  in Item 26 of his DD Form 214, SFJ;

	h.  in Item 27 of his DD Form 214, RE-4; and

	i.  in Item 28 of his DD Form 214, disability, permanent.



      _______XXX_______________
       	    CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080017101



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ABCMR Record of Proceedings (cont)                                         AR20080017101



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