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ARMY | BCMR | CY2011 | 20110013865
Original file (20110013865.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  2 February 2012

		DOCKET NUMBER:  AR20110013865 


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 "discharge/medical coding" shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was given an honorable medical discharge from the U.S. Army Reserve (USAR) in October 2008.

2.  She states her DD Form 214 reflects coding she received when she was honorably discharged from active duty in August 1999.

3.  She provides:

* a memorandum, subject: Notification of Medical Disqualification
* orders discharging her from the USAR
* a letter from the Department of Veterans Affairs (VA)
* a memorandum, subject: Notification for Medical Disqualification
* a DA Form 3349 (Physical Profile)
* her DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 5 August 1993.  She was honorably released from active duty on 4 August 1999 after completing 6 years of active service and transferred to the USAR Control Group (Reinforcement).  

2.  Her DD Form 214 shows in:

* item 23 (Type of Separation) – "Release from active duty"
* item 24 (Character of service – "Honorable"
* item 25 (Separation Authority) – "[Army Regulation] 635-200 [Personnel Separations – Enlisted Personnel], [Chapter] 4"
* item 26 (Separation Code) – "MBK"
* item 27 (Reentry (RE) Code) – "1"
* item 28 (Narrative Reason for Separation) – "Completion of required active service" 

3.  Her official military personnel file in the interactive Personnel Electronic Records Management System (iPERMS) contains limited records pertaining to her USAR service.  

   a.  On 16 July 2007, she underwent a physical examination for retention as shown on a DD Form 2808 (Report of Medical Examination).  The examining physician found her qualified for service pending review by command authority.  
   
   b.  A DA Form 3349 (Physical Profile), dated 7 August 2007, shows she was given a profile based on several medical conditions:  "anaphylaxis reaction to bee/wasp stings, PCN, typhoid shot, bilateral knee-OA, depression." 
   
   c.  On 11 September 2008, Headquarters, Army Reserve Medical Command, Pinellas Park, FL, issued Orders 08-255-00035 honorably discharging her from the USAR under the authority of Army Regulation 135-178 (Enlisted Administrative Separations) effective 10 October 2008.  The orders show she received a medical discharge with no disability.

4.  She provides a DA Form 3349, dated 24 August 2008, showing she was given a profile based on "chronic pain in both knees" and "chronic abdominal problems."  

5.  She provides a memorandum, subject: Notification for Medical Disqualification, dated 28 August 2008, showing she was notified a review of available medical records indicated she did not meet medical retention standards published in Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, which disqualified her for retention in the USAR.

6.  She provides a letter from the VA showing she was granted a combined 60 percent service-connected disability rating effective 18 June 2009 for:

* endometriosis, status post-hysterectomy
* right knee arthroscopic surgery (claimed as bilateral knee osteoarthritis with pain and instability)
* left knee patellofemoral syndrome (claimed as bilateral knee)
* S/P left wrist scaphoid fracture
* left ankle sprain (claimed as bilateral ankle sprain)
* right ankle sprain (claimed as bilateral ankle sprain)
* abdomen laparoscopy scars
* scars

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 provides that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.  

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The version of the regulation in effect at the time of her release for active duty listed every SPD code applicable to enlisted personnel in an appended table.  The table shows that Soldiers released from active duty under the authority of Army Regulation 635-200, chapter 4, by reason of completion of required active service were to be assigned SPD code "MBK." 

9.  The SPD/Reentry (RE) Code Cross-Reference Table provides instructions for determining the RE code for active Army Soldiers and Reserve Component Soldiers.  This cross-reference table shows the SPD codes and corresponding RE codes.  The table, dated 1 October 1993, in effect at the time of her release from active duty, shows the SPD code of "MBK" has a corresponding RE code of "1."

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states 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.  A DD Form 214 is only issued to members of the USAR if they are being released from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of the "discharge/medical coding" on her DD Form 214 to show she was given an honorable medical discharge from the U.S. Army Reserve (USAR) in October 2008.

2.  The applicant was honorably released from active duty on 4 August 1999 because she had completed her required active service.  Her DD Form 214 shows the proper authority, narrative reason, SPD code, and RE code for the type of separation she received.  

3.  Her medical discharge from the USAR in 2008 is properly documented by orders.  This discharge has no bearing on the DD Form 214 she was issued in 1999.  

4.  In view of the foregoing, there is no basis for granting the 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.



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ABCMR Record of Proceedings (cont)                                         AR20110013865



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