IN THE CASE OF:	  

		BOARD DATE:	        4 AUGUST 2009

		DOCKET NUMBER:  AR20090004467 


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 that his separation program designator (SPD) of "JFM" (Disability, Existed Prior to Service, PEB [physical evaluation board]) be corrected to the SPD "JFL" (Disability, Severance Pay).

2.  The applicant states his PEB determined he was injured in line of duty while he was on active duty.  He states the incorrect SPD code is preventing him from receiving his severance pay.

3.  The applicant provides, in support of his application, copies of his Medical Evaluation Board (MEBD) Proceedings, including the Narrative Summary (NARSUM), and 21 pages from his service medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he enlisted in the Regular Army on 29 October 2003.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) of 63B (Wheeled Vehicle Mechanic).

2.  The applicant served in Iraq during the period from 27 January 2005 to 
31 July 2006.

3.  On 16 June 2008, an MEBD referred the applicant to a PEB for left shoulder pain.  The NARSUM  concluded the applicant did not meet retention standards due to his inability to do his MOS and Soldiering activities.  The NARSUM also concluded the applicant's injury was incurred in line of duty and did not exist prior to service.  The applicant indicated that he did not desire to remain on active duty.  

4.  On 25 June 2008, the findings and recommendation of the MEBD were approved.  On 26 June 2008, the applicant agreed with the findings and recommendation of the MEBD.

5.  On 2 July 2008, an informal PEB found the applicant unfit for duty for left shoulder pain secondary to anterior labrum tear, status post slap repair in August 2007, without neurologic abnormality and recommended a disability percentage of 10 percent.  The PEB found that the applicant's medical and physical impairment prevented reasonable performance of duties required by his grade and MOS.  The PEB also found that his injuries were incurred while he was entitled to basic pay.  The PEB found the applicant physically unfit and recommended a combined rating of 10 percent.  The PEB recommended the applicant be separated with severance pay if otherwise qualified.

6.  On 8 July 2008, the applicant concurred with the findings and recommendation of the PEB and waived a formal hearing in his case.

7.  Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, Orders 204-0002, dated 22 July 2008, ordered the applicant to the U.S. Army Transition Center, Fort Stewart to be discharged on 27 September 2008.  These orders did not specify the applicant was being separated by reason of disability nor did they authorize payment of severance pay.

8.  On 27 September 2008, the applicant was discharged.  Item 25 (Separation Authority) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) contains the entry "AR 635-40, PARA 4-24B(4)."  Item 26 (Separation Code) contains the entry "JFM" and item 28 (Narrative Reason for Separation) contains the entry "DISABILITY, EXISTED PRIOR TO SERVICE, PEB."

9.  Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, Orders 089-0008, dated 30 March 2009, revoked Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, Orders 204-0002, dated 22 July 2008.

10.  Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, Orders 089-0008 ordered the applicant to the U.S. Army Transition Center, Fort 


Stewart to be discharged on 27 September 2008.  Additional instructions in these orders indicated the applicant's percentage of disability was 10 percent and that he was authorized disability severance pay in pay grade E-4 based on 4 years, 10 months, and 29 days of service.

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) 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 designators to be used for these stated reasons.  The regulation shows that the SPD code “JFM” as shown on the applicant’s 
DD Form 214 specifies the narrative reason for discharge as “Disability, Existed Prior to Service, PEB” and that the authority for discharge under this SPD code is “AR 635-40, para 4-24b(4).”

12.  Army Regulation 635-5-1 also shows that the SPD code “JFL” specifies the narrative reason for discharge as “Disability, Severance Pay” and that the authority for discharge under this separation program designator is “AR 635-40, para 4-24b(3).”

DISCUSSION AND CONCLUSIONS:

1.  The applicant's PEB recommended the applicant be separated from the service with severance pay and a combined disability rating of 10 percent 
on 2 July 2008.  There is no evidence in the applicant's official military personnel file that there were any changes to the findings and recommendation of the PEB.

2.  The applicant's discharge orders dated 22 July 2008 did not provide for his discharge with severance pay with a 10 percent disability rating.  These orders were subsequently revoked on 30 March 2009.  New discharge orders were issued on 30 March 2009 authorizing the applicant disability severance pay in pay grade E-4 based on 4 years, 10 months, and 29 days of service.

3.  In view of the above, it is clear the applicant's discharge orders dated 22 July 2008 were issued in error.  Based on the applicant's discharge orders dated 
30 March 2009, it is appropriate to change the following entries on the applicant's DD Form 214 to read:  item 25 - "AR 635-40, paragraph 4-24b(3)"; item 26 - "JFL"; and item 28 - "Disability, Severance Pay."



BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the following items of his DD Form 214 to read:  item 25 - "AR 635-40, paragraph 4-24b(3)"; item 26 - "JFL"; and item 28 - "Disability, Severance Pay."

2.  Additionally, the Defense Finance and Accounting Service (DFAS)  should audit the applicant's pay records and provide the applicant any pay and allowances due him based on the above corrections.







      _______ _   XXX_______   ___
       	   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.



ABCMR Record of Proceedings (cont)                                         AR20090004467





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004467



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1