IN THE CASE OF:	  

		BOARD DATE:	18 December 2012

		DOCKET NUMBER:  AR20120008649 


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 item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged by reason of medical disability versus by reason of non-retention on active duty. 

2.  The applicant states:

* on 15 December 2011, he was referred to a medical evaluation board (MEB) for an injury he received in Afghanistan
* he was never counseled regarding the referral to an MEB prior to his discharge in March 2012
* he should not have been discharged if he was referred to an MEB
* as a result of his decision to accept a discharge he had to pay back a portion of his enlistment bonus – this would not have been the case if he had been granted a medical discharge
* his chain of command and Army doctors failed to counsel him regarding his referral to an MEB

3.  The applicant provides:

* his previously-submitted DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 5 April 2012, submitted to the Army Discharge Review Board (ADRB)
* Standard Form (SF) 600 (Chronological Record of Medical Care), dated 15 December 2011
* SF 600, dated 31 January 2012
* DD Form 214, for the period ending 20 March 2012 (Copies 2 and 4)

CONSIDERATION OF EVIDENCE:

1.  On 9 September 2003, the applicant enlisted in the Regular Army.  He completed his initial entry training and was awarded military occupational specialty (MOS) 13P (Multiple Launch Rocket System Fire Direction Specialist).  

2.  On 1 October 2006, he was honorably released from active duty, at the completion of his required period of active service, and transferred to the U.S. Army Reserve.  His DD Form 214 shows he deployed to Iraq, in support of Operation Iraqi Freedom, during the period 4 September 2005 to 8 August 2006.

3.  On 24 July 2007, he again enlisted in the Regular Army.  He completed additional MOS training at Redstone Arsenal, Huntsville, AL, and was awarded MOS 89B (Ammunition Specialist).  Upon completion of MOS training, he was assigned to 1st Battalion, 101st Aviation Regiment, Fort Campbell, KY.

4.  He deployed to Afghanistan in support of Operation Enduring Freedom on two occasions, from 26 December 2007 to 23 December 2008 and from 17 March 2010 to 12 March 2011.

5.  On 9 December 2011, he signed a DA Form 4991-R (Declination of Continued Service Statement (DCSS)), wherein he refused to reenlist or extend his current enlistment to meet the 24-month service obligation incurred upon reclassification into MOS 42A (Human Resources Specialist) and reassignment to Fort Polk, LA.  

6.  On 24 January 2012, he underwent a separation physical at Fort Campbell, KY.  His DD Form 2808 (Report of Medical Examination) contains the following entries in:

* item 74a (Examinee/Applicant) – a checkmark in the "is qualified for service" block
* item 74b (Physical Profile) – a "3" in "U" (Upper) portion of his PULHES factor (Military Physical Profile Serial System), identifying a potential medical issue within his upper extremities
* item 77 (Summary of Defects and Diagnoses) – contains the statement "74B – P3 under "U" – Meet MRZ Program – Meets Retention Standards"


7.  None of the documents that comprise his separation physical packet indicate he was further referred to an MEB.

8.  On 29 February 2012, he completed a DA Form 4187 (Personnel Action), wherein he requested voluntary separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 16-4.  On this form, he indicated he had completed a DCSS in lieu of reassignment to Vilseck, Germany.  His immediate commander recommended approval of his request.

9.  On 1 March 2012, his battalion commander approved his request for voluntary separation under the provisions of Army Regulation 635-200, paragraph 16-4, and directed he receive an honorable discharge no later than 20 March 2012.

10.  On 20 March 2012, he was honorably discharged from the Army in the rank/grade of specialist/E-4, following the completion of 4 years, 7 months, and 27 days of net active service during this period of enlistment and 3 years and    23 days of prior active service.  His DD Form 214 contains the following entries:

* in item 23 (Type of Separation) – Discharge
* in item 24 (Character of Service) – Honorable
* in item 25 (Separation Authority) – Army Regulation 635-200, Paragraph 16-4A
* in item 28 – "Non-Retention on Active Duty"

11.  His available record contains no documentation that indicates he was referred to an MEB.

12.  He provides two SF 600s, submitted with his DD Form 293 to the ADRB, which document numerous medical conditions for which he sought treatment.  

* his SF 600, dated 15 December 2011, references his referral to an MEB; however, this form pre-dates his separation physical, during which time the attending physician found he met retention standards and he was fit for further service
* his SF 600, dated 31 January 2012, references numerous medical conditions for which he sought treatment; however, this form does not mention further referral to an MEB

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligation.  Paragraph 16-4(b) pertains to separations resulting from a Soldier's declination of continued service.  It states that Regular Army Soldiers, serving on a second or subsequent enlistment, who refuse to take action to meet the remaining military service requirements by signing DA Form 4991–R (pursuant to Army Regulation 601–280 (Army Retention Program)), may request a voluntary separation.  The service of Soldiers separated under this paragraph will be characterized as honorable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been medically discharged.

2.  The evidence of record confirms he received assignment instructions to Fort Polk, LA, which would have required him to extend or reenlist to meet the service remaining requirements for reassignment. 

3.  He elected not to extend or reenlist and signed a DCSS instead.  This action voided or deleted his reassignment instructions, but it also made him ineligible to extend or reenlist.  He then requested voluntarily separation, and his request was approved.

4.  In anticipation of his upcoming separation, he underwent a physical examination that found he met retention standards and was fit for further service. His record is void of documentation, and he did not submit any documentation, that shows he was actually considered by an MEB despite being referred during an earlier examination.  

5.  Regardless, the applicant incorrectly contends his examination by an MEB would have resulted in a medical discharge.  This contention is not supported by any facts, and the Board cannot determine whether an MEB, or a subsequent physical evaluation board, would have found his injury(ies) sufficient to warrant his medical discharge or retirement.

6.  In view of the foregoing, there is an insufficient basis to grant relief in this case.

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)                                         AR20100015373



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ABCMR Record of Proceedings (cont)                                         AR20120008649



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