IN THE CASE OF:	  

		BOARD DATE:	 2 February 2012 

		DOCKET NUMBER:  AR20110008417 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:

* Block 11 (Primary Specialty) the entry "24 YRS 7 MOS"
* Block 12b (Separation Date this Period) the entry "2010  04  27"
* Block 12c (Net Active Service This Period) the entry "0024  07  24"
* Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Legion of Merit
* Block 16 (Days Accrued Leave Paid) the entry "8.5"
* Block 18 (Remarks) the entry “Continuous honorable service 19850904 – 20100427"
* Block 26 (Separation Code) the entry "SEK"

2.  The applicant states her orders were amended and changed her separation date; however, her DD Form 214 was not correctly accordingly.  She further states her separation code should be corrected to prevent her from having her pay recouped by the Defense Finance and Accounting Service (DFAS).

3.  The applicant provides:

* her DD Form 214
* a memorandum from the Transition Center at Walter Reed Army Medical Center (WRAMC)


* her retirement orders and amendment
* her award of the Legion of Merit
* a letter from DFAS regarding her debt
* a Memorandum from the Office of the Under Secretary of Defense
* her debt statement
* a letter from DFAS regarding her debt

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a U.S. Army Reserve (USAR) second lieutenant in the Army Nurse Corps on 10 May 1985.  She entered active duty on 4 September 1985 and continued to serve in a variety of assignments.  She was promoted to the rank of colonel on 1 May 2007.

2.  On 28 March 2008, the applicant submitted a request to renegotiate her Registered Nurse Incentive Special Pay contract of $20,000.00.  The contract specified that failure to complete the contract would result in recoupment on a pro rata basis unless the failure to complete the contract was due to death or disability that was not the result of misconduct or willful neglect.

3.  On 13 August 2009, a Physical Evaluation Board (PEB) convened in Washington, D.C. and determined she was not fit for duty and recommended her retirement with a 90 percent (%) disability rating percentage.  The applicant concurred and waived a formal hearing of her case.

4.  The applicant was originally scheduled for retirement on 20 January 2010 and placement on the Retired List effective 21 January 2010; however, on 19 January 2010 her orders were amended to change her date of retirement to 27 April 2010 and placement on the Retired List effective 28 April 2010.

5.  Accordingly, she was retired by reason of permanent disability on 27 April 2010 and placed on the Retired List effective 28 April 2010.  She completed
24 year, 7 months, and 24 days of creditable active service; however, the
DD Form 214 she was issued at the time of her retirement shows she was retired on 20 January 2010.  It also shows she served 24 years, 4 months, and 17 days of net active service this period and she was paid for 59 days of accrued leave.  She was issued a separation code of “SEJ.”

6.  Permanent Orders Number 356-10, issued by Headquarters, U.S. Army Medical command, Fort Sam Houston, TX, dated 22 December 2009 awarded 


the applicant the LOM for meritorious service during the period 30 November 1999 to 30 November 2009.

7.  Information verified by the Chief, Transition Center, WRAMC indicates that the applicant was paid for 8.5 days of accrued leave.

8.  All Army Activities (ALARACT) Message 147/2008, dated 13 June 2008, subject:  Implementation of New SPD Codes for the Disability-Related Provisions of the National Defense Authorization Act (NDAA) 2008 and the Disability Evaluation System (DES) Pilot Program, implemented new SPD codes for the disability-related provisions of the NDAA 2008 and the DES Pilot Program.  This message states the Department of Defense memorandum, dated 13 March 2008, directed in part the implementation of the following applicable separation program designator (SPD) codes:

	a.  SPD code "SEJ" is the appropriate code when the narrative reason for separation is "Disability, Permanent (Enhanced)" and the authority is Army Regulation 635-40, chapter 4.

	b.  SPD code "SEK" is the appropriate code when the narrative reason for separation is "Disability, Temporary (Enhanced)" and the authority is Army Regulation 635-40, chapter 4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant continuously served on active duty from 4 September 1995 through 27 April 2010.  Therefore, her DD Form 214 should be corrected to reflect all of her service.

2.  She was also paid for only 8.5 days of accrued leave, not the 59 days as currently reflected on her DD Form 214.  Therefore, her DD Form 214 should be corrected accordingly.

3.  The referenced ALARACT message was disseminated to announce the implementation of SPD code changes, including those for temporary and permanent disability separation under Army Regulation 635-40, chapter 4.  Based on the applicant's permanent disability, the SPD code of "SEJ" as reflected on her DD Form 214 is correct.  Therefore, there is no basis for changing her SPD code.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Deleting from block 11 of her DD Form 214 the entry "24 YRS 4 MOS" and replacing it with the entry “24 YRS 7 MO”;

	b.  Deleting from block 12b of her DD Form 214 the entry “2010  01  20” and replacing it with the entry “2010  04  27”;

	c.  Deleting from block 12c of her DD Form 214 the entry “0024  04  17” and replacing it with the entry “0024  07  24”;

	d.  Adding to item 13 of her DD Form 214 the Legion of Merit;

	e.  Deleting from block 16 of her DD Form 214 the entry "59" and replacing it with the entry “8.5”; and

	f.  Deleting from item 18 of her DD Form 214 the entry “Continuous Honorable Active Service:  19850904 - 20100120” and replacing it with the entry “Continuous Honorable Active Service:  19850904 - 20100427.”

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing her separation code.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are 


deeply appreciated.  The applicant and all Americans should be justifiably proud of her service in arms.



      ___________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)                                         AR20110008417



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ABCMR Record of Proceedings (cont)                                         AR20110008417



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