IN THE CASE OF:	  

		BOARD DATE:  29 May 2012

		DOCKET NUMBER:  AR20110022246 


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 item 25 (Separation Authority) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show "chapter 61."

2.  The applicant states his separation orders state he was being discharged because of a physical disability.

3.  The applicant provides:

* Orders Number 210-0033, Headquarters, Third Infantry Division and Fort Stewart, Fort Stewart, GA, dated 29 July 2011
* DD Form 214
* Department of Veterans Affairs (VA) rating decisional documents

CONSIDERATION OF EVIDENCE:

1.  After having had prior service, the applicant reenlisted in the Regular Army on 9 August 1998.  His military occupational specialty was 19K (Armor Crewman).  The highest rank/grade he attained while on active duty was staff sergeant/E-6.

2.  The applicant's medical records, to include his medical evaluation board (MEB) and physical evaluation board (PEB) results, are unavailable for review.



3.  Pertinent portions of the applicant's DD Form 214 show:

* item 23 (Type of Separation) – RETIREMENT
* item 24 (Character of Service) – HONORABLE
* item 25 (Separation Authority) – AR [ARMY REGULATION] 635-40, CHAP [CHAPTER] 4
* item 26 (Separation Code) – SEJ
* item 27 (Reentry Code) – 4
* item 28 (Narrative Reason for Separation) – DISABILITY, PERMANENT (ENHANCED)

4.  AR 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It provides:

	a.  Type of Separation – enter the appropriate term listed below:

* Release from active duty
* Discharge
* Retirement
* Release from active duty and order to active duty in another status
* Release from ADT
* Release from custody and control of the Army
* Release from ADT and discharge from the Reserve of the Army and return to the ARNG

	b.  Character of Service – correct entry is vital since it affects a Soldiers' eligibility for post-service benefits.  Characterization or description of service is determined by directives authorizing separation.  For a Soldier being released from custody and control of the Army due to a void or voided enlistment, enter "hyphens."  Otherwise, the entry must be one of the following:

* Honorable
* Under Honorable Conditions (General)
* Under Other Than Honorable Conditions
* Bad Conduct
* Dishonorable
* Uncharacterized



	c.  Separation Authority – to be completed for copies 2, 4, 7, and 8 only.  Obtain correct entry from regulatory or directives authorizing the separation.

	d.  Separation Code – to be completed for copies 2, 4, 7, and 8 only.  Obtain correct entry from AR 635-5, which provides the corresponding separation program designator code for the regulatory authority and reason for separation.

	e.  Reentry Code – AR 601-210 determines Regular Army and U.S. Army Reserve reentry eligibility and provides regulatory guidance on the RE codes.

	f.  Narrative Reason for Separation – this is based on regulatory or other authority and can be checked against the cross reference in AR 635-5.

5.  Orders Number 210-0033, dated 29 July 2011, show the following:

   a. The applicant was released from assignment and duty because of a physical disability incurred while entitled to basic pay and under conditions that permitted his retirement for a permanent physical disability.

b. He was honorably released from active duty on 13 September 2011.

   c. He was 100% permanent-disability retired effective 14 December 2011.

d. The statute authorizing his retirement was 10 U.S.C. §1201.

e. He completed 13 years, 3 months, and 23 days of active military service.

f. The "PEBD" (Physical Evaluation Board Date) shows "NA."

6.  On 4 October 2011, the VA notified the applicant that his VA disability rating was rated at 100% effective 14 September 2011.

7.  On 10 December 6, 2011, the U.S. Human Resources Command, Combat-Related Special Compensation (CRSC) Branch, Fort Knox, KY, awarded the applicant a 100% rating for CRSC. 

8.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation and disposition for Soldiers who may be unfit to perform their military duties because of physical disability.



9.  Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30%.  Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating at less than 30%.

10.  Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his/her office, rank, grade, or rating because of disability incurred while entitled to basic pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change of his separation authority on his DD Form 214 to indicate he was discharged by reason of physical disability “chapter 61” was carefully considered and found to be insufficient in merit.

2.  AR 635-5 provides strict rules for the completion of DD Form 214.  Based on that regulation, items 23-28 are correct as written.  The applicant's DD Form 214 clearly shows he was discharged for physical disability in accordance with AR 635-40, chapter 4.  No other entry is authorized.

3.  In view of the foregoing, 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)                                         AR20110022246



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110022246



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1