IN THE CASE OF:	  

		BOARD DATE:	    17 September 2013

		DOCKET NUMBER:  AR20130002570 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change her Separation Program Designator (SPD) code of "SFJ" and her reentry (RE) code of "4."

2.  The applicant states, in effect, she was retired from active duty with a permanent disability; however, she believes her record is in error.  After being seen by a doctor at the Department of Veterans Affairs (VA) it was determined that her condition is non-cardiac related.

3.  The applicant provides:

* DD Form 214
* 2 pages of medical records from the VA, dated 11 October 2011
*  Standard Form (SF) 513 (Medical Record - Consultation Sheet), dated 
16 January 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 12 October 2007 and she held military occupational specialty 92A (Automated Logistical Specialist).  The highest rank/grade she attained while serving on active duty was specialist (SPC)/E-4.

2.  Her record contains a DA Form 199 (Physical Evaluation Board (PEB) Proceedings) that shows on 10 May 2011, a PEB convened, found her medically unfit, and recommended a combined disability rating of 30 percent and permanent retirement for her condition of coronary vasospasm analogous to coronary artery disease.  She concurred with the PEB’s recommendations.

3.  On 23 August 2011, she was retired in accordance with Army Regulation
635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(1), by reason of a permanent disability.  She was issued the SPD code of "SFJ" and RE code of "4."

4.  She provided a 2-page VA medical record, dated 11 October 2011, wherein her physician indicated her cardiac functional capacity was normal.

5.  She provided an SF 513, dated 16 January 2013, wherein her physician stated she passed her physical examination, her laboratory studies were normal, and her electrocardiography and stress tests were normal.  Her physician also stated that her medical condition was thought to be non-cardiac in origin.

6.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply 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.  Separation by reason of disability requires processing through the PDES.

	a.  Chapter 4 contains guidance on processing through the PDES, which includes the convening of an MEB to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  If the MEB determines a Soldier does not meet retention standards, the case will be referred to a PEB.

	b.  The PEB evaluates all cases of physical disability equitably for the Soldier and the Army.  The PEB investigates the nature, cause, degree of severity, and probable permanency of the disability of Soldiers whose cases are referred to the board.  It also evaluates the physical condition of the Soldier against the physical requirements of the Soldier's particular office, grade, rank, or rating.  Finally, it makes findings and recommendations required by law to establish the eligibility of a Soldier to be separated or retired because of physical disability.

7.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code "SFJ" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24B(1), by reason of permanent disability.  The SPD/RE Code Cross Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of SFJ.

8.  Army Regulation 635-200 states, in part, that prior to discharge or release from active duty individuals will be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 (RA and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted. 

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her SPD code and RE code should be changed because a VA doctor determined her medical condition to be non-cardiac related. However, the medical experts who examined her while she was serving on active duty found her medical condition was cardiac related.  It is presumed those medical experts were competent military medical personnel.

2.  She underwent a PEB that found her physically unfit to perform the duties required of her grade and specialty and recommended her permanent retirement. It does not appear that at any time she contested that she was physically fit to perform her duties.  At the time of her retirement, she received a separation code of "SFJ" and an RE code of "4."  The SPD code "SFJ" was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-40, paragraph 4-24b(1). Furthermore, such a discharge requires an RE code of "4."

3.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20130002570



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ABCMR Record of Proceedings (cont)                                         AR20130002570



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