IN THE CASE OF:
BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110000194
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 item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was discharged because of a service-connected disability
2. The applicant states:
* Her DD Form 214 does not state she was discharged because of a service-connected disability
* She was injured and had severe constant pain during her time in service
* She needs her DD Form 214 corrected so she can receive proper medical care and tuition assistance for school
3. The applicant provides:
* DD Form 214
* Discharge orders
* Letter of intent for medical board processing
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. She enlisted in the Regular Army on 20 February 2003. She completed training and was awarded military occupational specialty 31B (military police).
3. She was honorably discharged on 15 November 2004 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), for disability with severance pay.
4. Her DD Form 214 shows in:
* Item 25 (Separation Authority) the entry "AR [Army Regulation], 635-40, PARA [paragraph] 4-24b(3)"
* Item 26 (Separation Code) the entry "JFL"
* Item 28 the entry "DISABILITY, SEVERANCE PAY"
5. 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 SPD codes to be used for these stated reasons. The regulation states the reason for discharge based on SPD code "JFL" is "Disability, severance pay" and the regulatory authority is Army Regulation 635-40, paragraph 4-24b(3).
6. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. Under the laws governing the Army Physical Disability Evaluation System, Soldiers who sustain or aggravate physically unfitting disabilities must meet several lines of duty criteria to be eligible to receive retirement and severance pay benefits. The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or was the proximate cause of performing active duty or inactive duty training.
DISCUSSION AND CONCLUSIONS:
1. She contends her narrative reason for separation should be corrected to show she was discharged because of a service-connected disability. However, since she was discharged for disability with severance pay the Army determined she had a service-connected disability.
2. Her narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of her separation. Therefore, there is no basis for granting the applicant's request because, in effect, it already shows she was discharged due to a service connected disability.
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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ABCMR Record of Proceedings (cont) AR20110000194
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