IN THE CASE OF:
BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130001799
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 show he was medically retired.
2. The applicant states he was issued a DD Form 214 on 18 September 2006; however, his Physical Evaluation Board (PEB) processing was not completed until 2012.
3. The applicant provides copies of his DD Forms 214, DA Form 199 (PEB Proceedings), and retirement documents.
CONSIDERATION OF EVIDENCE:
1. The applicant had prior honorable active duty enlisted service in the Regular Army from 24 April 1978 through 23 April 1981.
2. He enlisted in the U.S. Army Reserve (USAR) on 3 August 1998.
3. A DD Form 214 shows the applicant was ordered to active duty in support of Operations Enduring/Iraqi Freedom on 21 January 2003 and he served in Iraq from 23 March through 19 May 2003. He was honorably released from active duty (REFRAD) on 25 January 2004 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, based on completion of required active service and transferred to his Reserve unit.
4. A DD Form 214 shows the applicant was ordered to active duty in support of Operation Iraqi Freedom on 23 August 2005 and he served in Kuwait/Iraq from 23 August 2005 through 18 September 2006. He was honorably REFRAD on
18 September 2006 under the provisions of Army Regulation 635-200, chapter 4, based on completion of required active service and transferred to his Reserve unit.
5. A DA Form 199 shows a PEB convened on 27 December 2011 and that the applicant's permanent disability retirement with a combined rating of 70 percent was approved on 2 February 2012.
a. Item 6 (Branch/Component) shows "USAR - Troop unit/active drilling member."
b. The Disability Description section shows the applicant was psychiatrically injured while deployed to Kuwait and Iraq during a period of war.
6. Orders D 033-03, issued by the U.S. Army Physical Disability Agency (USAPDA), Arlington, VA, dated 2 February 2012, released the applicant from assignment and duty with the 304th Transportation Company, Chicopee, MA, because of physical disability incurred while entitled to basic pay under conditions that permit his retirement for permanent physical disability. He was placed on the Retired List on 8 March 2012 in pay grade E-6. The authority cited was Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).
7. Army Regulation 635-40 sets forth policies, responsibilities, and procedures 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. Chapter 4 (Procedures) provides in paragraph 4-24 that the USAPDA will dispose of the case by publishing orders or issuing proper instructions for permanent retirement for physical disability.
8. Army Regulation 635-5 (Personnel Separations - 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. Chapter 2 (Preparing and Distributing Separation Documents), paragraph 2-1, shows that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added). It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his 18 September 2006 DD Form 214 should be corrected to show he was medically retired.
2. The applicant's DD Form 214 shows he was REFRAD on 18 September 2006 under the provisions of Army Regulation 635-200, chapter 4, based on completion of required active service and he was transferred to his Reserve unit.
3. Records show the applicant's permanent disability retirement was approved on 2 February 2011 under the provisions of Army Regulation 635-40. The USAPDA issued orders releasing him from assignment and duty with his USAR unit and placed him on the Retired List effective 8 March 2012.
4. The evidence of record shows the appropriate separation documents were issued at the time the applicant was REFRAD on 18 September 2006 and when he was placed on the Retired List based on permanent physical disability effective 8 March 2012.
5. There is no evidence that the applicant was permanently retired from active duty on 18 September 2006 under the provisions of Army Regulation 635-40.
Thus, there is no basis for correcting the authority and narrative reason for separation that are shown on the DD Form 214 for the period ending
18 September 2006.
6. 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.
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