AR 635-40 — Disability Evaluation For Retention, Retirement, Or Separation
AR 635-40 governs the Army Disability Evaluation System and determinations of whether Soldiers are unfit because of physical disability.
- Publication number: AR 635-40
- Title: DISABILITY EVALUATION FOR RETENTION, RETIREMENT, OR SEPARATION
- Date: 01/19/2017
- Proponent: G-1
- Status: ACTIVE
View AR 635-40 on armypubs.army.mil
Related publications
AR 635-40 covers MAR2, Medical Evaluation Boards, Physical Evaluation Boards, disability ratings, compensability, and continuation on active duty or active Reserve status. It requires procedures for evaluation, review, counseling, representation, and disposition of Soldiers found unfit.
Applies to: It 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.
Topics covered
- Military Occupational Specialty Administrative Retention Review
- Medical Evaluation Boards
- Physical Evaluation Boards
- Disability ratings and compensability
- Temporary disability retired list
- Continuation on active duty
- Continuation on active Reserve status
Questions and answers
When is a Soldier considered unfit because of disability?
A Soldier will be considered unfit when the preponderance of evidence establishes that the Soldier, due to disability, is unable to reasonably perform the duties of their office, grade, rank, or rating (hereafter call duties) to include duties during a remaining period of Reserve obligation. (paragraph 4-18)
What does a formal Physical Evaluation Board hearing provide?
In accordance with the provisions of 10 USC 1214, no Soldier may be retired or separated for disability without a full and fair hearing if they demand it. (paragraph 6-1)
Can Soldiers waive referral to the Disability Evaluation System?
In certain circumstances, Soldiers may waive referral to the DES process. (paragraph 4-4)
What must a Soldier do to request a Disability Evaluation System waiver?
The Soldier must request a waiver in writing and such request, or an affidavit, must attest that the Soldier has received the information described above and declines referral to the PEB. (paragraph 4-4)
How often are Soldiers on the temporary disability retired list re-evaluated?
In accordance with 10 USC 1210, the Army DES will re-evaluate each Soldier placed on the TDRL at least once every 18 months. (paragraph 4-18)