IN THE CASE OF:
BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100007012
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 correction of his reentry and separation codes to allow him to reenter active duty as an officer.
2. The applicant states an optometrist has verified that the medical conditions that disqualified him from serving in the military no longer exist. He states that his eyes were extremely dry, sensitive to bright light, wind and dust. But he underwent some surgeries and he has recovered. He further states that he would like to be cleared by Army doctors so he can continue to serve his country.
3. The applicant provides:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 July 2009
* DA Form 199 (Physical Evaluation Board (PEB) Proceedings)
* his DD Form 214 for the period ending 2 May 2007
* an extract of a computer generated Standard Form (SF) 502 (Medical Record)
* ten additional pages of medical documentation related to his eyes
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he:
* enlisted in the Regular Army (RA) on 27 July 2000
* reenlisted in the RA in July 2005
* was discharged to accept an appointment in the RA, Military Intelligence, in the rank of second lieutenant on 3 May 2007
* was promoted to the rank of first lieutenant effective 26 November 2008
* was separated from the RA on 16 July 2009 for a non-combat related disability with severance pay
2. An extract of a computer generated SF 502, signed by a doctor on 25 August 2008, states that although the applicant met retention standards in accordance with Army Regulation 40-501, paragraph 3-15 and 3-16, the applicant felt he was unable to perform his duties within the military intelligence, and was being referred to a Medical Board in accordance with Army Regulation 40-501, paragraph 3-41e(1).
3. The applicant's DA Form 199 shows a PEB convened on 15 April 2009 and the applicant was determined to suffer from bilateral photophobia and glare sensitivity. He had high astigmatism and underwent a series of corneal revisions to include bilateral keratotomy and photorefractive keratotomy (PRK) from July 2005 to March 2008. He continued to have correctable vision that would meet retention standards but suffered from severe photophobia and sensitivity to dust, glare, and eye dryness that would prevent operating in the field in most tactical environments.
4. The PEB found the applicant physically unfit and awarded him a physical disability rating of 10 percent for each eye for a combined rating of 20 percent. The PEB recommended that he be separated with severance pay if otherwise qualified.
5. The applicant concurred with the PEB's findings and recommendations and waived his right to a formal hearing. A counselor explained to the applicant the results of the PEB findings and recommendations.
6. Accordingly, on 16 July 2009, the applicant was discharged with an honorable characterization of service in the rank of first lieutenant under the provisions of chapter 4, Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). He had completed 8 years, 11 months, and 20 days of combined enlisted and commissioned active military service. He was assigned a separation program designator (SPD) code of JFO and no reentry code. His narrative reason for separation was disability with severance pay (non-combat related). The percentage of disability was 20 percent.
7. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. It states that reentry codes are not applicable to officers.
8. All Army Activities (ALARACT) Message 147/2008 states the SPD code of JFO replaced the SPD code of JFL. Army Regulation 635-5-1 (SPD Codes), table 2-3, states that the SPD code of JFL denotes disability, severance pay under the provisions of Army Regulation 635-40. Therefore, the SPD code of JFO denotes disability, severance pay.
DISCUSSION AND CONCLUSIONS:
1. The reentry codes designated for entry in item 27 of the applicant's DD Form 214 are not applicable to officers. As such, this item is correct as shown.
2. A PEB found the applicant's medical and physical impairment prevented reasonable performance of duties required by his grade and military specialty. He was found unfit and awarded a 20 percent disability rating with severance pay. He was informed of the findings and recommendations and he concurred.
3. The applicant contends his disqualifying medical conditions no longer exist and he wants his record changed to show he is eligible to reenter the military as an officer. However, he has provided no evidence to show his SPD code was assigned in error. As such, his SPD code was administratively correct and in conformance with applicable regulations at the time of his discharge.
4. While it is commendable that the applicant wants to serve on active duty again as a commissioned officer there is no basis for granting his request.
BOARD VOTE:
________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x_______ ___
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) AR20100007012
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ABCMR Record of Proceedings (cont) AR20100007012
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