IN THE CASE OF:	 

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090016808 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by changing:

* item 28 (Narrative Reason for Separation) to add "combat related"
* item 26 (Separation Code) from "JFL" to "JFI"
* item 18 (Remarks) from "$11,268.60" to "$23,389.20"

2.  The applicant states the transition center messed up his paperwork and told him these were the items that needed to be corrected.

3.  The applicant provides a memorandum, dated 17 February 2009, and Orders 048-0605, dated 17 February 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 29 November 2004, was awarded the military occupational specialty of cannon crewmember, and was promoted to pay grade E-4.

2.  The applicant served in Iraq from 18 September 2005 to 10 September 2006.

3.  On 5 September 2007, a medical evaluation board (MEBD) convened and determined the applicant was medically disqualified due to continued ankle pain status post revision nonunion surgery for medial malleolus fracture.  In the MEBD's Narrative Summary it was stated that the applicant sustained an inversion type injury to his left ankle while he was deployed to Iraq.

4.  On 17 October 2007 an informal physical evaluation board (PEB) convened and determined that the applicant was physically unfit and recommended that he be discharged with severance pay.  The PEB determined that the applicant's disability was not a result of armed conflict or caused by an instrumentality of war and was not the result of a combat-related injury.

5.  On 11 February 2008, the applicant was honorably discharged for physical unfitness with severance pay.

6.  The DD Form 214 issued to the applicant shows that he received $11,268.60 in disability severance pay in item 18; that he was assigned a separation code of "JFL" in item 26; and that the narrative reason for his separation was disability, severance pay, in item 28.

7.  On 19 February 2009, a second PEB was convened which determined the applicant was physically unfit and recommended his discharge with severance pay.  The DA Form 18 (Revised PEB Proceedings) states that "this administrative correction reflects change in item 8b, addition of 10d, and supersedes DA Form 199 pertaining to your 17 October 2007 informal PEB."  This form shows that the applicant's 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 (Fiscal Year (FY) 2008 National Defense Authorization Act (NDAA), section 1646).

8.  On 17 February 2009, the transition center which processed the applicant for discharge submitted a request to amend his DD Form 214, item 26, to read "JFI"; to amend item 28 to read "DISABILITY, SEVERANCE PAY, COMBAT RELATED"; and to amend item 18 to read "DISABILITY SEVERANCE PAY - $23,389.20."

9.  The FY 2008 NDAA, which became Public Law 110-181 on 28 January 2008, authorized an enhancement of disability severance pay for members of the Armed Forces.  Military Departments shall ensure the appropriate severance pay is calculated in accordance with Title 10, U.S. Code, section 1212.

10.  Title 10, U.S. Code, section 1212(a)(1), states a member separated for disability with entitlement to severance pay shall have his pay computed by multiplying the member's years of service using a number of calculations.

11.  Title 10, U.S. Code, section 1212(c)(1), states the minimum years of services of a member for purposes of subsection 1212(a)(1) shall be as follows:

	a.  6 years in the case of a member separated for a disability incurred in line of duty in a combat zone (as designated by the Secretary of Defense) or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense or

	b.  3 years in the case of any other member.

12.  The Under Secretary of Defense memorandum, dated 13 March 2008, established four new separation program designator (SPD) codes, one for standard use and one for use by the Disability Evaluation System (DES) "Enhanced" Pilot Program.  The new SPD codes reflect the categorization of combat-related disability directed by Public Law 101-181 and will be utilized on the DD Form 214 of all service members with disabilities incurred in a combat-related operation.

13.  All Army Activities Message 147/2008, dated 13 June 2008, subject:  Implementation of New SPD Codes for the Disability-Related Provisions of NDAA 2008 and the DES Pilot Program, implements new SPD codes for the disability related provisions of the FY 2008 NDAA and the DES Pilot Program.  It directed that SPD codes JFI and JFO would replace SPD codes JFL and JEA.  The SPD code JEB would also replace the SPD code JEL.

	a.  SPD code "JFI" for disability, severance pay, combat-related, is used for discharge resulting from physical disability with combat-related severance pay and entitlement.

	b.  SPD code "JFO" for disability, severance pay, non-combat related, is used for discharge resulting from physical disability with non-combat related severance pay and entitlement.

	c.  SPD code "JEA" for disability, severance pay, non-combat related (enhanced), is used for discharge resulting from physical disability with combat-related severance pay and entitlement.

	d.  SPD code "JEB" for disability, severance pay, non-combat related, is used for discharge resulting from physical disability with non-combat related severance pay and entitlement.


DISCUSSION AND CONCLUSIONS:

1.  Since the applicant's disability occurred in Iraq and he was on active duty on the effective date of the FY 2008 NDAA, he was authorized the enhanced disability severance pay.  This enhanced severance pay was to be reflected by the assignment of one of the newly created SPDs, in this case "JFI."

2.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 as follows:

	a.  amend item 26 to read "JFI";

	b.   amend item 28 to read "DISABILITY, SEVERANCE PAY, COMBAT RELATED"; and

	c.  amend item 18 to read "DISABILITY SEVERANCE PAY - $23,389.20."

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected to:

	a.  amend item 26 to read "JFI";

	b.  amend Item 28 to read DISABILITY, SEVERANCE PAY, COMBAT RELATED"; and


	c.  amend item 18 to read "DISABILITY SEVERANCE PAY - $23,389.20."



      __________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)                                         AR20090016808



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ABCMR Record of Proceedings (cont)                                         AR20090016808



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