| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Mr. Allen L. Raub | Member | |
| Mr. Larry C. Bergquist | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that the separation code in block 28 of his report of separation (DD Form 214) be changed from "SFK" to "JFL."
2. The applicant states that his separation code of "SFK" for temporary disability should be changed to "JFL", to reflect his permanent disability. He further states that the code as currently reflected does not allow him to use his Montgomery G.I. Bill entitlements because it reflects only a temporary disability.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of error which occurred on 8 July 1995. The application submitted in this case is dated 27 April 2003.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. After having served 3 years of prior active service, the applicant again enlisted on 2 May 1988 and remained on active duty through continuous reenlistments. He was promoted to the pay grade of E-5 on 1 May 1990.
4. On 8 July 1995, while stationed in Alaska, he was honorably released from active duty (REFRAD) and was placed on the Temporary Disability Retired List (TDRL) with a temporary disability rating of 30%. He had served 10 years, 2 months and 7 days of total active service and was issued a separation code of "SFK" and was REFRAD under the provisions of Army Regulation 635-40, paragraph 4-24b (2).
5. On 12 December 1996, he was removed from the TDRL and was placed on the Permanent Disability Retired List (PDRL) with a 30% disability rating under the authority of Department of the Army orders number D255-7 dated 12 December 1996.
6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 is a summary of the soldier's most recent period of continuous active duty and provides a brief, clear cut record of active duty service at the time of release from active duty, discharge or retirement. A DD Form 214 will be prepared for each soldier whose active duty service is terminated by reason of physical disability. However, a DD Form 214 is not prepared nor is the previous DD Form 214 amended for personnel removed from the TDRL. The DD Form 214 is not intended to have any legal effect on termination of a soldier's service.
7. Army Regulation 635-5-1 provides the separation codes used on the DD Form 214, based on the authority of the separation. It provides, in pertinent part, that the separation code "SFK" will be used for enlisted personnel who are retired by reason of temporary disability in accordance with Army Regulation 635-40, paragraph 4-24b(2). The separation Code of "SFJ" will be used for enlisted personnel retired by reason of permanent physical disability under the provisions of Army Regulation 635-40, paragraph 4-24b(1) and the separation code of "JFL" will be used to denote personnel who are involuntarily discharged by reason of disability with severance pay under the provisions of Army Regulation 635-40, paragraph 4-24b(3).
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The applicant was properly released from active duty with the proper separation code at the time he was placed on the TDRL.
3. Inasmuch as he was not serving on active duty at the time he was removed from the TDRL and was placed on the PDRL, he was not authorized to have a new DD Form 214 issued or to have his last DD Form 214 changed to reflect his current status, because the DD Form 214 is only issued to reflect the most recent period of continuous active duty.
4. The orders that removed the applicant from the TDRL and placed him on the PDRL serve as the authority/instrument for the applicant's current status. Accordingly, there is no basis to change his DD Form 214 to reflect his current status.
5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 December 1996; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 11 December 1999. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.
BOARD VOTE:
________ ________ ______GRANT RELIEF
________ ________ _____ GRANT FORMAL HEARING
__MM___ __AR__ __LB__ DENY APPLICATION
| CASE ID | AR2003090862 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2004/03/30 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1.191 | 110.0200/RSN/AUTH |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001065073C070421
The applicant states, in effect, that item 28 of her DD Form 214 should show the entry “Temporarily Retired due to Disability” instead of the entry “Disability, Severance Pay.” In support of her application, she submits copies of: her DD Form 214 (Certificate of Release or Discharge from Active Duty); DA Form 3349 (Physical Profile); Standard Form 88 (Report of Medical Examination); Standard Form 93 (Report of Medical History); DA Form 5181-R (Screening Note of Acute Medical Care); Medical...
ARMY | BCMR | CY2008 | 20080001253
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 May 2008 DOCKET NUMBER: AR20080001253 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. Although he was subsequently discharged from the Army, with severance pay on 15 August 2007, his DD Form 214 was appropriately prepared at the time that he was REFRAD and placed on the TDRL. The applicant was not on...
ARMY | BCMR | CY2013 | 20130013846
IN THE CASE OF: BOARD DATE: 3 April 2014 DOCKET NUMBER: AR20130013846 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests the following amendments of his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Item 26 (Separation Code) - to show "SFJ" instead of "SFK" * Item 28 (Narrative Reason for Separation) - to show "Disability, Permanent" instead of "Disability, Temporary" 2. He was issued a DD Form 214 showing he was honorably retired due to a...
ARMY | BCMR | CY2014 | 20140020326
The applicant states: * she was not retired * she was removed from the Temporary Disability Retired List (TDRL) on 12 April 2001 * she is unable to receive credit for her military service because her DD Form 214 lists her as retired * she needs an updated DD Form 214 to show her as separated, not retired * item 26 of her DD Form 214 shows a separation code of SFK with a retired separation status 3. The applicant provides: * DD Form 214 * orders removing her from the TDRL, dated 12 April...
ARMY | BCMR | CY2003 | 2003089809C070403
The applicant states in effect, that his RE code should reflect that he is no longer on the Temporary Disability Retirement List (TDRL) and that he is eligible to reenlist. He states that he would like to reenter the military and therefore needs to have his RE code changed. By regulation, members separated by reason of physical disability with severance pay are assigned an SPD code of JFL and a corresponding RE code of RE-3.
ARMY | BCMR | CY2006 | 20060014289
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that her narrative reason for separation on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show she was permanently retired for disability. The Board denied the portion of her request pertaining to correction of item 23.
ARMY | BCMR | CY2011 | 20120000756
The applicant requests change of his separation code and reentry eligibility (RE) code with the intention of returning to military service. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states the SPD code of "SFK" is the correct code for Soldiers separating under Army Regulation 635-40, paragraph 4-24b(2), for temporary disability. There is no available evidence showing whether or not he is still on the TDRL, or has been removed and permanently separated for...
ARMY | BCMR | CY2005 | 20050016446C070206
William F. Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's military records show he enlisted in the United States Army Reserve (USAR) on 15 February 2000, for 8 years, with an established expiration of term of service (ETS) of 14 February 2008. The regulation shows that the SPD "SFK", as shown on the applicant’s DD Form 214, is appropriate for discharge when the narrative reason for discharge is...
ARMY | BCMR | CY2009 | 20090005465
The SFK SPD is the correct code for Soldiers separating under paragraph 4-24b(2) of Army Regulation 635-40 for temporary disability. The SPD code of SFK was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of paragraph 4-24b(2) of Army Regulation 635-40. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL...
ARMY | BCMR | CY2009 | 20090014116
Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designator codes to be used for these stated reasons. Army Regulation 601-210, paragraph 4-5(b) states any applicant who was last separated or discharged from any Component of the Armed Forces for medical reasons with or without disability will require...