IN THE CASE OF
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130013792
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) for the period ending 31 May 2006 to show the following statements:
* Released from assignment and duty because of physical disability incurred while entitled to basic pay and under conditions that permit your retirement for permanent physical disability
* Disability is based on injury or disease received in LOD [the line of duty] as a direct result of Armed Conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law
2. The applicant states:
a. He was medically retired as a result of an injury incurred during his period of active service for which he was honorably discharged.
b. His separation orders state, "Released from assignment and duty because of physical disability incurred while entitled to basic pay and under conditions that permit your retirement for permanent physical disability" and "disability is based on injury or disease received in LOD as a direct result of Armed Conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law." He was informed that he needed to have this annotated on his DD Form 214 to be eligible for the full benefit of the Post-9/11 GI Bill.
3. The applicant provides:
* DD Form 214 for the period ending 31 May 2006
* physical disability retirement orders, dated 15 January 2013
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty from the U.S. Army Reserve on 25 March 2005 in support of Operation Iraqi Freedom. He served in Iraq from 27 May 2005 to 5 May 2006. On 31 May 2006, he was honorably released from active duty (REFRAD) for completion of required active service.
2. His DD Form 214 for the period ending 31 May 2006 does not show any entries relating to a physical disability incurred while entitled to basic pay and under conditions that permit retirement for permanent physical disability or a disability based on an injury or disease received in the LOD as a direct result of armed conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law.
3. His disability proceedings show he was found physically unfit in December 2012 due to post-traumatic stress disorder and degenerative disc disease of the lumbar spine. The physical evaluation board recommended his permanent retirement with a disability rating of 80 percent.
4. He provided retirement orders, dated 15 January 2013, showing he was released from assignment and duty because of permanent physical disability and he was placed on the Retired List effective 20 February 2013. These orders contain the following entries:
* You are released from assignment and duty because of physical disability incurred while entitled to basic pay and under conditions that permit your retirement for permanent physical disability
* Disability is based on injury or disease received in LOD as a direct result of Armed Conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law
5. 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 preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active duty service at the time of his REFRAD. He was permanently retired in 2013, almost 7 years after his REFRAD. As such, there is no basis for adding the two statements pertaining to his 2013 permanent physical disability determination and placement on the Retired List to his DD Form 214 for the period ending 31 May 2006.
2. Regarding his contention that he was informed that he needed to have the two statements annotated on his DD Form 214 to be eligible for the full benefit of the Post-9/11 GI Bill, he should provide the applicable offices with copies of his retirement orders and this Record of Proceedings to explain why these statements are not noted on his DD Form 214.
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 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) AR20130013792
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130013792
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150000205
A DA Form 199-1 shows, on 5 June 2014, a formal PEB conducted at Joint Base Leis-McChord, WA, found the applicant physically unfit and recommended a rating of 40 percent (%) with permanent disability retirement. The applicant contends that his records should be corrected to show he was permanently retired due to a combat-related physical disability condition (i.e., back injury) that was a direct result of armed conflict during a period of war and is a combat injury as defined by law. g....
ARMY | BCMR | CY2013 | 20130001661
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the proper code to show he was retired due to permanent disability based on an injury or disease received in the line of duty (LOD) as a direct result of armed conflict or caused by an instrumentality of war and resulted from a combat-related injury as defined in Title 26, U.S. Code, section 104. In block 10c of the DA Form 199, the board will record its...
ARMY | BCMR | CY2013 | 20130004657
The applicant requests, in effect, correction of his record to show: * all updates directed as a result of an approved recommendation of the Physical Disability Board of Review (PDBR) * all awards he is authorized * the appropriate entries on his DA Form 199 (Physical Evaluation Board (PEB) Proceedings) to indicate he was retired due to a combat-related disability incurred in the line of duty (LOD) 2. As a matter of equity, it would be appropriate to amend the DA Form 199 to reflect the...
ARMY | BCMR | CY2013 | 20130001611
IN THE CASE OF: BOARD DATE: 26 September 2013 DOCKET NUMBER: AR20130001611 THE BOARD CONSIDERED THE FOLLOWING 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 permanently retired effective 13 January 2010 * Orders D012-74, dated 13 January 2010, to show his disability was based on an injury or disease received in the line of duty (LOD) during a war period as...
ARMY | BCMR | CY2014 | 20140001368
The PEB found although the condition stretched back to 2005, the applicant first reported right shoulder pain during demobilization at Fort Benning in 2010. A physical disability shall be considered combat-related if it makes the member unfit or contributes to unfitness and was incurred a direct result of armed conflict, while engaged in hazardous service, under conditions simulating war, or caused by an instrumentality of war. Without conclusive evidence to establish a direct, causal...
ARMY | BCMR | CY2014 | 20140009392
of his DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 25 October 2005, to show his disease and disability were a direct result of armed conflict or caused by an instrumentality of war and incurred in the LOD during a period of war as defined by law. His asthma condition and back injury were incurred in the LOD while deployed to Iraq during the period 30 May 2003 to 15 July 2003. b. He provided a DA Form 2173, dated 8 July 2004, which states he injured his back when he...
ARMY | BCMR | CY2012 | 20120015772
The applicant states he would like his retirement orders corrected since his injuries occurred in the LOD and his records document this. The applicant provides: * Orders M-017-0227 issued by the 671st Engineer Company (Multi-Role Bridge), Portland, OR, dated 17 January 2003 * Air Force Form 3899 (Aeromedical Evacuation Patient Record), dated 3 September 2003 * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 23 September 2003 * DA Form 2173, dated 11 February 2004 * DD...
ARMY | BCMR | CY2014 | 20140008243
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his separation order to show his disability was based on an injury or disease received in the line of duty (LOD) as a direct result of armed conflict or caused by an instrumentality of war incurred in the LOD during a war period as defined by law during his service in Kosovo not Oklahoma. The DA Form 199 (PEB Proceedings) contains the following entries in item...
ARMY | BCMR | CY2011 | 20110019501
The applicant states: * He disagrees with the CRSC determination that his disability is not combat-related * The Physical Evaluation Board (PEB) proceedings that placed him on the Temporary Disability Retired List (TDRL) and his final PEB show he was granted permanent disability retirement * His PEB clearly states in item 10d that his disability was incurred in a combat zone (Iraq) or incurred during the performance of duty in combat-related operations (Iraq) * Department of Veterans Affairs...
ARMY | BCMR | CY2014 | 20140018082
The applicant requests correction of his retirement orders to show his disability did (instead of did not) result from a combat-related injury. The applicant states: * His Line of Duty (LOD) established that his injuries occurred during deployment to Operation Iraqi Freedom (OIF) from 2005 to 2006 * They occurred in a combat situation and should be considered combat-related and in direct result of armed conflict/war * His retirement orders state that his injuries were not combat-related; he...