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AR 635-40 Disability Evaluation for Retention, Retirement, or Separation (19 Jan 2017)

Comments: To view or download the complete regulation, click on the link to it in the box above these comments.

Chapter 4
Section III
Medical Processing Related to Disability Evaluation

4-9. Medical examination

The MTF commander having primary medical care responsibility will conduct an examination of a Soldier referred for evaluation. The commander will advise the Soldier's commanding officer of the results of the evaluation and the proposed disposition. If it appears the Soldier is not medically qualified to perform duty, the MTF commander will refer the Soldier to a MEBD.

Comments: "MTF" is Medical Treatment Facility ."MEBD" is Medical Evaluation Board, also referred to as "MEB".

4-10. The medical evaluation board

The MEB are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status. A decision is made as to the Soldier's medical qualification for retention based on the criteria in AR 40-501, chapter 3. If the MEBD determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a PEB.  For  MEB’s  rules  for  documentation,  recommendations,  and  disposition  of  the
evaluated  Soldier,  see  AR  40–400,  chapter  7.

Comments: "PEB" is Physical Evaluation Board.

4-12. Counseling Soldiers who have been evaluated by a medical evaluation board

a. The PEBLO will advise the Soldier of the results of the MEBD. The Soldier will be given the opportunity to read and sign the MEB proceedings. If the Soldier does not agree with any item in the medical board report or NARSUM, he or she will be advised of appeal procedures.

Comments: "PEBLO" is Physical Evaluation Board Liaison officer.  "NARSUM" is the The Narrative Summary of the Soldier's condition.

b. The decisions below are exclusively within the province of adjudicative bodies. Neither the PEBLO nor the attending medical personnel will tell the Soldier that

(1) The Soldier is medically or physically unfit for further military service.

(2) The Soldier will be discharged or retired from the Army because of physical disability.

(3) A given percentage rating appears proper.

(4) A LD decision is final (unless final approval has been obtained according to AR 600-8-4).

Comments: "LD" is Line of Duty; an "LD decision" is a decision as to whether the Soldier's condition was incurred in the Line of Duty.

4-13. Referral to a physical evaluation board

a. The MEBD will recommend referral to a PEB those Soldiers who do not meet medical retention standards. Those who apply for COAD under the provisions of chapter 6 will be included. Do not refer Soldiers to a PEB who request discharge under the provisions of chapter 5. A Soldier being processed for nondisability separation will not be referred to a PEB unless the Soldier has medical impairments that raise substantial doubt as to his or her ability to continue to perform the duties of his or her office, grade, rank, or rating. Soldiers previously found unfit and retained in limited assignment duty status under chapter 6, or a previous authority, will be referred to a PEB.

Comments: "COAD" is continuation on active duty.

b. A Soldier may provide additional information to the MTF commander to forward to the PEB. The information may be from the unit commander, supervisor, or other persons who have knowledge regarding the effect the condition has on the Soldier's ability to perform the duties of the office, grade, rank, or rating.