IN THE CASE OF:	  

		BOARD DATE:	  14 July 2015

		DOCKET NUMBER:  AR20140018603 


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 discharged due to disability with severance pay.

2.  The applicant states that:

	a.  On 4 March 2014, while serving in the reserves, he was medically separated from active duty for service-connected disabilities.

	b.  The Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) processes were delayed by more than six years due to administrative mishandlings and because he was improperly transitioned from active duty to the Army Reserves rather than transferred to a Warrior Transition Unit (WTU).

	c.  The MEB Narrative Summary and DA Form 3947 (MEB Proceedings) determined that his medical conditions did not meet the medical retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  The DA Form 199 (Informal PEB Proceedings) considered him unfit for continued military service and determined a disability rating of 20% and compensation with severance pay.   

	d.  He was subsequently separated from the military while serving as a reservist with entitlement with severance pay.  Furthermore, a DA Form 2173 (Statement of Medical Examination and Duty Status) shows his medical conditions were identified, incurred, and aggravated in the line of duty service.  	e.  His active duty medical records, DA Form 2808 (Report of Medical Examination), and DD Form 2807-1 (Report of Medical History) clearly document these medical conditions prior to transition to the Army Reserves.

	f.  Due to no fault of his own and as a wounded veteran medically separated from active duty service, he requests a change to his DD Form 214 “NARRATIVE REASON FOR SEPARATION” to accurately reflect this medical separation/discharge with severance pay. 

3.  The applicant provides copies of –

* DD Form 2808, dated 31 October 2007
* DD Form 2807-1, dated 31 October 2007
* DD Form 214
* DA Form 2173, dated 23 January 2012
* Headquarters, 81st Regional Support Command, Fort Jackson, South Carolina, memorandum:  Subject:  Informal Line of Duty Investigation
* MEB Proceedings, dated 29 November 2012
* U. S. Army Physical Evaluation Board, Fort Sam Houston, Texas, "MEMORANDUM FOR VA," dated 9 January 2013
* Informal PEB Proceedings, dated 13 November 2013
* USAR honorable discharge with 20% disability, effective 4 March 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR as a Senior Reserve Officer Training Program Cadet on 9 March 2000.  He was appointed as a USAR second lieutenant on 11 May 2003.  He was promoted to first lieutenant on 30 November 2004 and to captain (CPT) on 1 July 2006.  

2.  A Report of Medical Examination and a Report of Medical History, dated 
31 October 2007, shows the purpose as "separation."  On the Report of Medical History he indicates he had issues with sinusitis, hay fever, ear, nose or throat trouble, loss of vision in either eye, he wore contact lenses or glasses, foot trouble, impaired use of arms, legs, hands, or feet, a need for corrective devises such as prosthetic devices, knee brace, back support, lifts or orthotics, skin diseases, (e.g., acne, eczema, psoriasis, etc), palpitation, pounding heart or abnormal heartbeat, high or low blood pressure, frequent trouble sleeping, he had been a patient in a hospital, he had been advised to have an operation or surgery, and that he had an illness or injury other than those already listed.  He provided details for each of those issues.

3.  A DD Form 214 shows he was honorably discharged on 9 June 2008.  The Separation Authority is shown as "AR 600-8-24, PARA 3-5," indicating an unqualified resignation.  The Narrative Reason for Separation is shown as "MISCELLANEOUS/GENERAL REASONS."  He apparently affiliated with the USAR, but those details are not available.

4.  A DA Form 2173, dated 23 January 2012, shows he was examined at Fort Drum as an outpatient for complaints of  problems that occurred while he was on active duty on 26 July 2006.

	a.  Item 10 (Nature and Extent of Disease) shows, Sleep Disorders:  Sleep Apnea/Hypersomnia/Narcolepsy. 

	b.  Item 2 (Details of Accident or History of Disease) shows "Soldier stated he is tired, fatigued and sleepy most of the time."  "Unable to think clearly," "lack of motivation and productivity."  Also has "forgetfulness and memory issues."  Diagnosis narcolepsy and hypersomnia. 

	c.  Item 30 (Details of Accident) shows, Dr, M___ J. G_____, Madigan Army Medical Center, Fort Lewis, WA, on 25 March 2002 and 9 July 2002 reported on the Report of Medical Examination, Initial Medical Review, DA Form 7349-R, and Report of Medical History, DA Form 2807-1 that (the applicant) had no reportable medical issues, medications, or allergies; the patient is currently in good health.  His PULHES was rated at 111111.  He entered active duty military service on 
12 May 2003 with a clean bill of health.  He exited active duty on 9 June 2008 in a very different medical state.  "CONTINUED ON ATTACHED ENCLOSURES."  (Any enclosures are neither identified nor available).

	d.  Item 31 indicates a Formal Line of Duty Investigation was required.

	e.  Item 32 indicated the injury was considered to have been incurred in line of duty.

5.  MEB Proceedings, dated 29 November 2012, showing the diagnosis of narcolepsy with hypersomnia, chronic left planta fibromatosis (benign, but usually painful masses in the arch of the foot), and obstructive sleep apnea.  He was referred to a PEB.

6.  Informal PEB proceedings, dated 13 November 2013, showed he was found to be physically unfit.  The PEB recommended a 20% disability rating and the applicant's separation with severance pay.  The applicant indicated he did not concur but waived a formal hearing.  He submitted a written appeal (any appeal 
is not available), and he requested Department of Veterans Affairs (VA) reconsider his disability ratings and he submitted a written request for VA reconsideration.  (Any request submitted is not available.)

7.  Orders D 028-41, U.S. Army Physical Disability Agency, dated 28 January 2014, show he was to be discharged from the USAR effective 4 March 2014 with a 20% disability.

8.  There is no record showing he was referred to an MEB while he was on active duty.

9.  His record contains Orders 290-1325, Headquarters, U.S. Army Training Center and Fort Jackson, dated 17 October 2007, showing he was scheduled to be discharged on 9 June 2008.  These orders also show his Component as the USAR.  An amendment, dated 7 May 2008, shows he was to be further assigned to Headquarters, 2nd Brigade, 98th Training Division, Fort Jackson, South Carolina. 

10.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  Paragraph 2-9 states the ABCMR begins consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was discharged due to disability with severance pay.  He was improperly transitioned from active duty to the Army Reserves rather than transferred to a WTU.

2.  The available evidence shows he was discharged effective 8 June 2008 due to an unqualified resignation.  While his entire separation packet is not available, the available evidence shows he remained in the USAR after his discharge.

3.  He was processed through the MEB/PEB and ultimately discharged with a 20% disability rating while in the USAR.

4.  There is no available evidence supporting his contention he was improperly transitioned to the USAR rather than transferred to a WTU.


5.  The regulation governing the Board's operation begins with the presumption that the separation process was conducted in accordance with applicable laws and regulations unless the applicant can provide evidence to overcome that presumption.

6.  In view of the above, the applicant's request should be denied.  

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)                                         AR20110000082



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ABCMR Record of Proceedings (cont)                                         AR20140018603



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