IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110013029
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to change the reason for separation to physically unfit.
2. The applicant states, in effect, he believes his record is in error based on the determination by the U.S. Army Physical Disability Agency.
3. The applicant provides copies of his DD Form 214; DD Form 214C (Continuation Sheet); and a memorandum from the U.S. Army Physical Disability Agency, dated 19 July 2010.
CONSIDERATION OF EVIDENCE:
1. On 14 September 2003, the applicant entered active duty as a mobilized U.S. Army Reserve (USAR) Soldier in the rank of staff sergeant/pay grade E-6.
2. In a memorandum, dated 17 December 2009, the U.S. Army Human Resources Command, St. Louis (HRC-STL), Missouri, notified the applicant of his eligibility to receive retired pay at age 60 [20-year letter].
3. On 16 June 2010, a physical evaluation board (PEB) convened to consider the applicant's physical condition.
a. The PEB found the applicant unfit for further military duty based on his right and left knee chrondromalacia resulting from striking them into a dashboard during an improvised explosive device blast, each rated at 10 percent disabling with a combined disability rating of 20 percent.
b. The disability was incurred as a result of a combat-related injury in a combat zone.
c. The applicant was informed that with a disability rating of less than 30 percent, and having at least 20 qualifying years for non-regular retirement, he had the option of accepting disability severance pay and forfeiting his Reserve retirement pay or requesting transfer to an inactive Reserve status and receiving Reserve retired pay at age 60.
d. The applicant concurred with the PEB findings and waived a formal hearing.
4. In a memorandum to the Commander, HRC-STL, dated 19 July 2010, the U.S. Army Physical Disability Agency determined the applicant was to be transferred to the Retired Reserve and was eligible to apply for retirement benefits upon reaching 60 years of age.
5. Orders 031-0004, Redstone Arsenal, Alabama, dated 31 January 2011, released the applicant not by reason of physical disability and assigned him to the USAR Control Group (Retired Reserve) effective 15 February 2011. The additional instructions further stated he returned from deployment and completed his required active duty.
6. The applicant's DD Form 214 for the period ending 15 February 2011 indicates:
a. in item 26 (Separation Code) "MBK" [completion of required active service] and
b. in item 28 (Narrative Reason for Separation) "Completion of Required Active Service."
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It states:
a. the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty;
b. it is a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge;
c. it is not intended to have any legal effect on termination of a Soldier's service; and
d. it requires an entry in items 26 and 28 showing the separation program designator code and narrative reason for the Soldier's separation from active duty based on regulatory or other authority.
8. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has an impairment rated at less than 30-percent disabling. It further provides in section 1201 for the physical disability retirement of a member who has an impairment rated at least 30-percent disabling.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he was separated due to a physical disability.
2. On 16 June 2010, a PEB found the applicant unfit for further military duty based on his right and left knee chrondromalacia resulting from striking them into a dashboard during an improvised explosive device blast, each rated at 10 percent disabling with a combined disability rating of 20 percent. The applicant was informed that with a disability rating of less than 30 percent, and having at least 20 qualifying years for non-regular retirement, he had the option of accepting disability severance pay and forfeiting his Reserve retirement pay or requesting transfer to an inactive Reserve status and receiving Reserve retired pay at age 60. The evidence of record clearly shows the applicant was advised of his options with regard to receiving disability severance pay or applying for retired pay at age 60.
3. The evidence of record clearly shows the applicant returned from deployment and completed his required period of active duty on 15 February 2011. Accordingly, he was released from active duty and transferred to the Retired Reserve.
4. There is no apparent error or injustice.
5. In view of the above, the applicant's request should be denied.
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 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) AR20110013029
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ABCMR Record of Proceedings (cont) AR20110013029
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