IN THE CASE OF:
BOARD DATE: 27 August 2009
DOCKET NUMBER: AR20090003627
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, the Separation Program Designator (SPD) Code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected from JFL to either JFI or JEA.
2. The applicant states all of his conditions and disabilities are combat-related; therefore, his SPD Code is incorrect.
3. The applicant provides:
a. a copy of DA Form 5889-R (PEB [Physical Evaluation Board] Referral Transmittal Document);
b. a copy of DA Form 3947 (Medical Evaluation Board [MEBD] Proceedings);
c. a copy of a Narrative Summary (NARSUM);
d. copies of miscellaneous military medical documents;
e. a copy of DA Form 3349 (Physical Profile) showing a permanent profile for panic disorder without agoraphobia and posttraumatic stress disorder;
f. a copy of a memorandum from his company commander requesting the applicants reassignment to the Medical Processing Company, Warrior Transition Brigade; and
g. copies of 106 pages of Department of Veterans Affairs (DVA) VISTA [Veterans Health Information Systems and Technology Architecture] Electronic Medical Documentation records.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 24 May 2005. He was trained in, awarded, and served in military occupational specialty (MOS) 19D (Cavalry Scout). He served with C Troop, 4th Squadron, 7th Cavalry, 2nd Infantry Division, and he served in Iraq from 15 December 2005 - 15 December 2006.
2. On 22 October 2007, the applicants Troop Commander requested his transfer to the Medical Processing Company of the Warrior Transition Brigade because of posttraumatic stress disorder (PTSD) and panic disorder which led to a permanent profile.
3. The applicant entered the Physical Disability Evaluation System (PDES) and underwent an MEBD proceeding on 13 December 2007. He was referred to a PEB for panic disorder and PTSD.
4. On 14 January 2008, the applicant underwent a PEB proceeding at Fort Lewis, WA. He was evaluated as being 10 percent disabled under DVA Schedule for Rating Disabilities Code 9411 (PTSD) and determined to be physically unfit. It was recommended he be separated with severance pay. On 9 April 2008, a revised PEB Proceedings was completed based upon changes to the disability rating guidance under the National Defense Authorization Act (NDAA) of 2008. The end result was the same; however, the statement The disability was incurred in a combat zone or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense (NDAA 08, Sec 1646) was added to his DA Form 18 (Physical Evaluation Board (PEB) Proceedings).
5. The applicant was honorably discharged on 17 March 2008. His DD Form 214 shows he served 2 years, 9 months, and 24 days of creditable service with
1 year, 5 months, and 4 days of foreign service. He was paid disability severance pay in the amount of $11,093.40. It also shows:
a. in Item 25 (Separation Authority), AR [Army Regulation] 635-40 [Physical Evaluation for Retention, Retirement, or Separation], PARA 4-24B(3);
b. in Item 26 (Separation Code), JFL;
c. in Item 27 (Reentry Code), 3; and
d. in Item 28 (Narrative Reason for Separation), DISABILITY, SEVERANCE PAY.
6. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214. Table 2-3 lists every SPD code applicable to enlisted personnel. It shows that Soldiers involuntarily discharged under the authority of Army Regulation 635-40, paragraph 4-24b(3) by reason of disability with severance pay will be assigned SPD Code JFL. Furthermore, Army Regulation 635-5-1 does not contain SPD Codes JFI or JEA.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his SPD Code should be changed from JFL to either JFI or JEA.
2. SPD Codes are assigned in accordance with Army Regulation 635-5-1 and are based on the specific regulatory separation authority. The applicants SPD Code is correct, given his separation authority and narrative reason for separation.
3. The applicants SPD Code has nothing to do with whether or not his disabilities are combat-related. His DA Form 18 links his disabilities to combat per NDAA 08, Section 1646.
4. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X _ ____X___ __X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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