(2) The APDAB may:
(a) Concur with the recommendations of the USAPDA.
(b) Concur with the recommendations of the PEB.
(c) Adopt the recommendations made by any member(s) of the PEB when
the PEB recommendations were not unanimous.
(d) Concur with the request contained in the rebuttal submitted by the
member being evaluated.
(e) Specify new findings and recommendations or other action deemed
appropriate for the disposition of the case.
Section VII. DISPOSITION ACTIONS
5-36. ACTIONS BY PERSCOM FOR THE SECRETARY OF THE ARMY
a. The MILPERCEN returns any disability evaluation case to the USAPDA for
clarification or reconsideration when newly discovered evidence becomes available and is
not reflected in the findings or recommendations.
b. If action taken by the APDAB affects disposition of the member or lowers the
rating, the PERSCOM will notify the member (or next-of-kin) by certified mail, return receipt
requested. A copy of the notification is sent to the PEB counsel and the USAPDA. If no
rebuttal or statement is returned by the member within the allotted time or if the member
states that no rebuttal is to be filed, the finding of the APDAB will be binding, unless
otherwise directed by the Secretary of the Army, and the PERSCOM takes action to
finalize the case.
c. If the member or his counsel or next of kin files a rebuttal, it will be returned with
the proceedings to the APDAB for reconsideration.
d. Based upon final decision of the USAPDA or the APDAB, the PERSCOM takes
actions necessary to implement the decision by publishing Department of the Army orders
or by issuing appropriate instructions to subordinate headquarters.
e. Based upon Headquarters, Department of the Army review of the findings and
recommendations of the Physical Evaluation Board, by direction of the Secretary of the
Army, PERSCOM takes one of the following actions: