IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100021482 


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 the narrative reason for separation shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states he retired from the Army on 14 January 2010, his 60th birthday, and began receiving retired pay.  He previously served on active duty from 17 December 2003 to 12 August 2005.  His DD Form 214 does not show he was retired.  This error is preventing him from obtaining a Tennessee retired Army license plate. 

3.  The applicant provides his DD Form 214 (Certificate of Release from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 8 December 1969.  He further enlisted in the Regular Army (RA) on 6 April 1970 and served until he was honorably released from active duty on 22 February 1972.

2.  He enlisted in the RA on 19 December 1973, and he was honorably released on 9 June 1977 for immediate reenlistment.

3.  On 10 June 1977, he reenlisted and served until he was honorably discharged on 7 June 1980.

4.  He enlisted in the USAR on 12 April 1989 and he served through two 6-year reenlistments on 4 March 1990 and 10 February 1996.  He attained the rank of sergeant first class (SFC)/E-7 on 1 July 1997.

5.  On 26 November 2003, the U.S. Army Reserve (USAR) Personnel Command, St. Louis, MO, issued the applicant his Notification of Eligibility for Retired Pay at Age 60.  

6.  On 7 December 2003, he was ordered to active duty in support of Operation Iraqi Freedom.  He was assigned to the 655th Transportation Company and served with this unit in Iraq from 28 February 2004 through 22 December 2005. 

7.  The facts and circumstances of the applicant's illness or injury are not available for review with this case.  However, on 23 February 2005, he was ordered to be retained on active duty for a period of 179 days to voluntarily participate in the Reserve Components Medical Retention Processing Program for completion of medical care.  

8.  On 12 August 2005, he was honorably released from active duty to the control of his USAR unit.  The DD Form 214 he was issued shows he was released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service.

9.  It appears that subsequent to his honorable release from active duty, he underwent a physical examination.  It also appears his medical records were reviewed by a command surgeon who apparently determined the applicant no longer met the standards for retention based on his chronic low back pain and right knee pain arthritis, in accordance with paragraphs 14b and 39h of Army Regulation 40-501 (Standards of Medical Fitness).

10.  It also appears he was counseled regarding his options as follows:

* Discharge from the USAR
* Transfer to the Retired Reserve
* Request a non-duty related physical evaluation board (NDR-PEB)

11.  He appears to have elected to transfer to the Retired Reserve.  Accordingly, on 7 March 2006, Headquarters, 81st Regional Support Command, Birmingham, AL, published Orders 06-066-00048 transferring him to the Retired Reserve effective 7 April 2006 by reason of being medically disqualified.  

12.  On 1 July 2009, the U.S. Army Human Resources Command, St. Louis, MO, published Orders P07-907714, announcing his retirement and placement on the retired list in his retired grade of SFC/E-7, effective 14 January 2010, his 60th birthday.

13.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) 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 or her office, grade, rank, or rating.  It provides for medical evaluation boards (MEB), which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria in chapter 3 of Army Regulation 40-501.  If the MEB determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a physical evaluation board:

	a.  Paragraph 8-2 states Soldiers of the Reserve Components (RC) are eligible for disability processing from an injury determined to be the proximate result of performing annual training, active duty special work, active duty for training, or inactive duty training.  

	b.  Paragraph 8-6 states when a commander believes that a Soldier not on extended active duty is unable to perform his or her duties because of physical disability, the commander will refer the Soldier for medical evaluation.

	c.  Paragraph 8-9 states a Soldier not on extended active duty who is unfit because of physical disability will be separated without benefits if the disability was not incurred or aggravated as the proximate result of performing annual training, active duty special work, active duty for training, inactive duty training, etc.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  RC Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability, regardless of the length of time served on active duty;

	c.  Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision; and

	d.  RC Soldiers completing initial ADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or the USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he was mobilized and entered active duty on 7 December 2003.  He served in Iraq from 28 February to 22 December 2004.  He was honorably released from active duty on 12 August 2005 upon completion of his required period of active service.  He did not retire from active duty.  His active service was not terminated because of any physical condition.  At the time he was released from active duty he had no physical condition that impaired his performance of duty or warranted processing through the PDES.  

2.  The applicant may have undergone a medical examination after his release from active duty which may have led to his medical disqualification and subsequent transfer to the Retired Reserve.  He was ultimately retired in January 2010 on his 60th birthday.

3.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  When the applicant retired on his 60th birthday he was not on active duty and at the time of his honorable release from active duty, he was not retired.  


4.  The Army Board for Correction of Military Records does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In view of the foregoing evidence, there is no basis for granting the applicant's requested relief.

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)                                         AR20100021482



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ABCMR Record of Proceedings (cont)                                         AR20100021482



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