BOARD DATE: 23 March 2010
DOCKET NUMBER: AR20090014968
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, correction of the separation code entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he was discharged from service due to a service-connected disability and that he received severance pay. He also states that he was injured while serving on active duty and that his condition did not exist prior to his military service. He indicates the separation code of JFO he was assigned is incorrect.
3. The applicant provides a copy of his DD Form 214 in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show he enlisted in the Regular Army (RA) on 19 November 2008. It also shows that he injured his left shoulder from a fall during basic training in December 2008.
2. On 17 April 2009, a Physical Evaluation Board (PEB) at Fort Lewis, WA, considered the applicants case. The PEB rated the applicant's shoulder pain at 10 percent (%) under VA disability codes 5099 and 5003.
3. The PEB found that the applicants medical conditions prevented his performance of duty in his grade and specialty and recommended his separation with severance pay based on a 10% disability rating.
4. On 1 May 2009, the applicant was discharged after completing 5 months and 13 days of creditable active military service. At the time of his separation he held the rank/grade of private (PV2)/E-2.
5. The DD Form 214 issued to the applicant on the date of his separation confirms that he was separated under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability with severance pay. Item 26 (Separation Code) contains the entry JFO.
6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. This regulation identifies the SPD code of JFL as the code to assign to members separating by reason of disability with severance pay under the provisions of paragraph 4-24(3)b, Army Regulation 635-40.
7. Army Human Resources Command (AHRC) Message Number (#) 132138Z JUN 08 implemented new SPD codes for the disability-related provisions of the National Defense Authorization Act (NDAA) of 2008 and Disability Evaluation System (DES) Pilot Program. It shows, in pertinent part, that SPD code JFO was implemented to replace SPD code JFL and that it was assigned to those Soldiers who were discharged under the provisions of Army Regulation 635-40 by reason of disability with severance pay (non-combat related). Army Regulation 635-5-1 will be updated to include the new SPD codes and to delete the old SPD codes.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that Item 26 of his DD Form 214 should be corrected was carefully considered. Prior to the implementation of new policy guidance, SPD code "JFL" was the proper code to assign to members discharged by reason of disability with severance pay under the provisions of Army Regulation 635-40, chapter 4. However, SPD code "JFL" was subsequently replaced by SPD code "JFO" as evidenced in AHRC Message # 132138Z JUN 08. Thus, Item 26 of the applicants DD Form 214 correctly lists the proper SPD code based on the reason and authority for his separation.
2. 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.
ABCMR Record of Proceedings (cont) AR20090014968
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