IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110005472
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 his narrative reason for separation be deleted from his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* The Army found sufficient evidence to change his character of service from general to honorable on 5 June 1998
* Item 28 (Narrative Reason for Separation) of his DD Form 214 still states "Disability not in the line of duty"
* He was never charged in civilian or military court and no willful misconduct took place
3. The applicant provides his DD Form 214.
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. He enlisted in the Regular Army on 16 July 1986 for a period of 4 years. He completed his training and was awarded military occupational specialty 31V (tactical communications systems operator).
3. All the facts and circumstances surrounding the applicants discharge are not contained in the available records. However, his records contain a memorandum, dated 19 June 1990, which shows a request for retention was submitted for continued hospitalization/physical disability proceedings. His medical reason for retention was status post closed head injury with left parietotemporal contusion and diffuse brain insult.
4. On 20 June 1990, the request for retention was approved. His disability proceedings are not available.
5. Department of the Army Brooke Army Medical Center Orders, dated 17 May 1991, show he was discharged from the Army effective 20 May 1991 and his disability rating was none.
6. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(6), for disability, not in the line of duty, with a general discharge on 20 May 1991.
7. On 5 June 1998, the Army Discharge Review Board upgraded his general discharge to honorable.
8. He was issued a new DD Form 214 reflecting his honorable characterization of service. Item 25 (Separation Authority) of this DD Form 214 shows the entry "AR [Army Regulation] 635-40, PARA [paragraph] 4-24B(6)." Item 26 (Separation Code) shows the entry "JFP." Item 28 shows the entry, "DISABILITY, NOT IN THE LINE OF DUTY."
9. Army Regulation 635-5-1 (Separation Program Designator 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 states the reason for discharge based on separation code JFP is Disability, Not in the Line of Duty and the regulatory authority is Army Regulation 635-40, paragraph 4-24b(6).
DISCUSSION AND CONCLUSIONS:
Unfortunately, without the applicant's complete discharge packet/medical records/line of duty determination and in the absence of evidence to the contrary, it must be presumed the applicants narrative reason for separation was administratively correct and in conformance with applicable regulations.
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) AR20110005472
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110005472
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120018457
The applicant requests, in effect, correction of his Reenlistment Eligibility Data Display (REDD) Report: * to change his reenlistment eligibility code (RE code) "ZZ" to a more favorable RE code * to change his Separation Program Designator (SPD) "JFP" to a more favorable SPD code 2. His record contains a DD Form 2808 (Report of Medical Examination), dated 9 July 2010. He provided a REDD report, dated 17 May 2012, which shows he received the SPD code "JFP" and the RE code "ZZ."
ARMY | BCMR | CY2006 | 20060014005C071108
The applicant states, in effect, that his narrative reason for separation incorrectly states that he was discharged for a disability that existed prior to service, but he received his injuries three years after he entered into the service. The applicant's VA Form 10-1000 (Discharge Summary) transcribed on 25 October 2005, show that the applicant was transferred to the Minneapolis VA Medical Center Traumatic Brain Injury (TBI) rehab program from the University of Missouri Medical Center...
ARMY | BCMR | CY2002 | 2002075362C070403
The applicant requests that his military records be corrected to delete his period of AWOL (absent without leave) between 1 July and 18 July 1999, that his line of duty investigation results be changed to “line of duty – yes” and that the reason for his separation be changed from “disability, existed prior to service” to “service connected.” The findings and conclusions of the line of duty investigation were approved and on 20 June 2001 the applicant appealed the determination. The Board...
ARMY | BCMR | CY2014 | 20140007838
He provided a Certificate of Training, dated 28 April 2000, which shows he completed the 40-hour Total Army Retention Course. His DD Form 214 shows in: * item 19a XXX L____ Drive, Fayetteville, NC * item 25 (Separation Authority) Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2) * item 26 (Separation Code) SFK * item 28 Disability, Temporary 8. Therefore, item 14 of his DD Form 214 should be corrected to show completion of...
ARMY | BCMR | CY2013 | 20130013846
IN THE CASE OF: BOARD DATE: 3 April 2014 DOCKET NUMBER: AR20130013846 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests the following amendments of his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Item 26 (Separation Code) - to show "SFJ" instead of "SFK" * Item 28 (Narrative Reason for Separation) - to show "Disability, Permanent" instead of "Disability, Temporary" 2. He was issued a DD Form 214 showing he was honorably retired due to a...
ARMY | BCMR | CY2009 | 20090004467
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). The PEB recommended the applicant be separated with severance pay if otherwise qualified. The applicant's discharge orders dated 22 July 2008 did not provide for his discharge with severance pay with a 10 percent disability rating.
ARMY | BCMR | CY2010 | 20100024660
He states his records show his asthma was a not a pre-existing condition. He did have asthma, but he did not have it prior to service. There is also no evidence of record and he provided insufficient evidence to show his asthma did not exist prior to his entry on active duty in 2004.
ARMY | BCMR | CY2011 | 20110004017
The DD Form 214 he was issued shows he was discharged under the provisions of paragraph 4-24b(4) of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of disability, EPTS. The SPD code "JFM" is the correct code for Soldiers separating under Army Regulation 635-40, paragraph 4-24b (physical disability existing prior to entry on active duty established by PEB proceedings; not entitled to severance pay). Accordingly, the PEB recommended separation...
ARMY | BCMR | CY2013 | 20130010064
When he completed the task CPT JFP gave him another assignment and CPT AC said he did an incredible job. During this time, he and CPT JFP seemed at odds. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2010 | 20100021017
He provides: * a DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated 2 August 1996 * a DA Form 3349 (Physical Profile), dated 5 May 1994 * an addendum addressed to the President, Physical Evaluation Board (PEB), dated 23 September 1994 * a DA Form 199 (PEB Proceedings), dated 18 October 1994 * Orders D220-9, issued by U.S. Total Army Personnel Command, Alexandria, VA, dated 15 November 1994, retiring him by reason of permanent physical disability, effective 13 December 1994 *...