PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2003
         DOCKET NUMBER: AR2002083344


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Stanley Kelley		Chairperson
Mr. John T. Meixell		Member
Mr. Christopher J. Prosser		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests that item 12d (Total Prior Active Service) and item 12e (Total Prior Inactive Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 30 September 2002, be corrected and that he be entitled to separation pay.

3. The applicant states, in effect, that his DD Form 214, dated 30 September 2002, is incorrect. He was separated after his third knee injury and received compensation; however, his compensation did not cover his full time in active service. He stated that he should have been compensated for 10 years of active service. In support of his application, he submits four DD Forms 214.

4. The applicant’s available military records show that he enlisted for 4 years on 3 January 1990. He was separated from active duty on 2 January 1994 and transferred to the Army Reserve. He reenlisted in the Regular Army for 3 years on 2 June 1994 and was discharged on 1 June 1997. He reenlisted again on 16 March 2000 and continued to serve until 10 April 2001, in order to accept a commission in the Regular Army. He was commissioned on 11 April 2001 in the rank of second lieutenant (2LT/0-1).

5. The facts and circumstances pertaining to the applicant's discharge are unavailable for review. His DD Form 214, dated 30 September 2002, shows that he was honorably discharged, in the rank and pay grade of 2LT/0-1, under the provisions of Army Regulation 635-40, paragraph 4-24b(3), disability with severance pay. He was paid severance pay in the amount of $36,939.00 and was issued a separation code of "JFL."

6. The applicant's military records, except for his DD Form 214, for his period of service from 16 March 2000 to 30 September 2002 are unavailable for review by this Board.

7. Item 12c (Net Active Service This Period) of his DD Form 214, dated 2 January 1994, shows the entry "04 00 00" (4 years).

8. Item 12c of his DD Form 214, dated 1 June 1997, shows the entry "0003 00 00" (3 years). Item 12e (Total Prior Inactive Service) shows the entry " 0000 04 29" (4 months and 29 days).

9. Item 12c of his DD Form 214, dated 10 April 2001, shows the entry "0001 00 25" (1 year and 25 days).

10. Item 12d of his DD Form 214, dated 10 April 2001, shows the entry "0004 00 00" (4 years).

11. Item 12c of his DD Form 214, dated 30 September 2002, shows the entry "0001 05 20" (1 year, 5 months, and 20 days).

12. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that item 12d (Total Prior Active Service) will be completed to show the amount of prior active military service, less lost time, if any. Item 12e (Total Prior Inactive Service) will be completed to show the amount of total prior inactive service, plus the amount of inactive service from previously issued DD Forms 214, less lost time, if any.

13. Army Regulation 635-5-1, in effect at that time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation shows that the separation program designator (SPD) "JFL," as shown on the applicant’s DD Form 214, is appropriate for involuntary discharge when the narrative reason for discharge is "Disability, Severance Pay" and that the authority for discharge under this SPD is Army Regulation 635-40, paragraph 4-24b(3).

14. Paragraph 4-24 of Army Regulation 635-40 pertains to disposition by the Total Army Personnel Command (PERSCOM) upon the final decision of the Physical Disability Agency (PDA). It states that PERSCOM will dispose of the case by publishing orders or issuing proper instructions to subordinate headquarters, or return any disability evaluation case to the United States Army Physical Disability Agency (USADPA) for clarification or reconsiderations when newly discovered evidence becomes available and is not reflected in the findings and recommendations. Subparagraph 4-24b(3) applies to separation for physical disability with severance pay.

15. Title 10, United States Code, section 1174, provides the authorization for separation pay to officers who are involuntarily separated from the service.

CONCLUSIONS:

1. The applicant’s DD Form 214, dated 2 January 1994, which shows in item 12c the entry "04 00 00" (4 years), item 12c of his DD Form 214, dated 1 June 1997, which shows the entry "0003 00 00" (3 years), item 12c of his DD Form 214, dated 10 April 2001, which shows the entry "0001 00 25" (1 years and 25 days) are combined for a total of 8 years and 25 days of total prior active service. Therefore, item 12d (Total Prior Active Service) of his DD Form 214, dated 30 September 2002, should be corrected to show the entry "0008 00 25" (8 years and 25 days).

2. The applicant's DD Form 214, dated 1 June 1997, which shows in item 12e the entry "0000 04 29" (4 months and 29 days) should be transferred to his DD Form 214, dated 30 September 2002, item 12e. Therefore, item 12e of his DD Form 214 should be corrected to show the entry "0000 04 29" (4 months and 29 days).
3. The applicant's total prior active service of 8 years and 25 days, from his previous DD Form 214s plus his net active service of 1 year, 5 months and 20 days, as shown on his DD Form 214, dated 30 September 2002, covers his entire period of active duty service, combined for a total of 9 years, 6 months, and 15 days. Therefore, based on these calculations, the applicant is not entitled to correction of his records to show a period of 10 years of service or more.

4. In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation under the provisions of Army Regulation 635-40, paragraph 4-24b(3) was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights. The applicant was paid severance pay in the amount of $36,939.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected:

a. by showing in item 12d (Total Prior Active Service) of the applicant’s DD Form 214, dated 30 September 2002, the entry "0008 00 25"; and

b. by showing in item 12e (Total Prior Inactive Service) of the applicant’s DD Form 214, dated 30 September 2002, the entry "0000 04 29."

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__sk___ __jm____ ___cp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Stanley Kelley__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002083344
SUFFIX
RECON
DATE BOARDED	20030911
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	30 September 2002
DISCHARGE AUTHORITY	AR635-40 para 4-24b(3)
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	303
2.
3.
4.
5.
6.