IN THE CASE OF:	  

		BOARD DATE:  16 February 2012

		DOCKET NUMBER:  AR20110016989 


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 be corrected by changing:

* item 26 (Separation Code) from JFL-3 to JFL-1
* item 3 (Net Active Service This Period) to 14 years, 1 month, and 29 days

2.  He states:

* the Fort Lewis/Yakima transition processing paperwork indicated there were permanent changes to his record
* he never received a copy of the changes until this year, when he requested a copy of his military records from National Personnel Records Center
* he wants the Board to correct his DD Form 214 to show his Separation Program Designator (SPD) Code as JFL-1
* he would like the Board to change his years of service from 12 years,
1 months, and 14 days to 14 years, 1 month, and 29 days
* these corrections would be a great help to him and his family because he had no nonjudical punishment during his military service

3.  He provides:

* a separate statement
* three pages of his Physical Disability Information Report, Fort Lewis/Yakima

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows he enlisted in the Regular Army (RA) on 
2 October 1985.  

2.  On 22 November 1996, a formal physical evaluation board (PEB) convened and considered the applicant's condition of:

	a.  chronic low back pain due to a history of two back injuries (1986 and 1991) and a finding of spondylolysis and anterior spondylolisthesis treated with arthrodesis in L5/S1 in November 1995;

	b.  the PEB concluded the applicant was unable to adequately perform his duties due to physical disability prior to the date of his Qualitative Management Program action and therefore overcame the presumption of fitness; and

	c.  the PEB found he was physically unfit due to chronic pain, unable to fulfill his duty as a Fire Support Specialist due to lower back pain limitations that prohibited functional activities and recommended a 20 percent (%) disability rating.  He was recommended for separation with severance pay if he was otherwise qualified.  This PEB is silent on his concurrence or non concurrence.

3.  On 23 January 1997, a revised PEB Proceedings was issued and in accordance with Army Regulation 635-4040 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-22c (3), the U.S. Army Physical Disability Agency (USAPDA) modified the finding and disposition based upon the applicant's:

	a.  personnel records indicating he was scheduled for separation from active duty for reasons other than physical disability;

	b.  personnel and his medical records indicating he continued to reasonably perform in his grade and specialty; therefore, he had not overcome a presumption of fitness;

	c.  disability was not an acute, grave condition, nor was it a serious deterioration of a chronic condition that would have prevented him from performing the preponderance of his duty.

4.  Thus, the USAPDA changed the applicant's formal PEB disposition to fit for duty.  The applicant disagreed and submitted a written appeal.

5.  On 23 April 1997, the Army Physical Disability Appeal Board (APDAB) convened to consider the case of the applicant.  After a careful review of all available information, the majority of the APDAB voted to affirm the decision of the 22 November 1996 formal PEB in finding him physically unfit with a combined rating of 20% with a disposition of separation with severance pay if otherwise qualified.

6.  His DD Form 214 shows he was discharged on 15 November 1997 under the provisions of Army Regulation 635-40, paragraph 4-24b(3).  The DD Form 214 he was issued shows in:

* item 12a (Dated Entered AD [Active Duty] This Period), "1985  10  02"
* item 12b (Separation Date this Period), "1997  11  15"
* item 12c (Net Active Service this Period), "0012  01  14"
* item 26 (Separation Code), “JFL"
* item 27 “3”
* item 28 (Narrative Reason for Separation), “Disability, Severance Pay”

7.  He submitted a Physical Disability Information Report, dated 3 October 1997, which shows his SPD code as “JFL” and his Section1405 and Basic Pay as
“12 years, 1 month, and 14 days.”

8.  He submitted a Physical Disability Information Changing Record, dated the same date that shows his SPD code as “JFL1” and his Section 1405 and basic pay as “14 years, 1 month, and 29 days."  There is no indication why this change report was prepared.

9.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the
U.S. Army Reserve.  Chapter 3 of that regulation prescribes the basic eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes, including RA RE codes.

* RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met
* RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable; they are ineligible for enlistment unless a waiver is granted


10.  Army Regulation 635-5-1 (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.  It states that the SPD code of JFL is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, by reason of disability with severance pay.  The SPD/RE Code Cross Reference Table included in the regulation establishes
RE-3 as the proper code to assign members separated with this SPD code.  

11.  Army Regulation 635-5 (Separation Documents) states to enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 in item 12a for which a DD Form 214 was not previously issued.  The amount of service in item 12c is computed by subtracting item 12a from item 12b, minus time lost.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his RE-3 code be changed was carefully considered.  However, there is an insufficient evidentiary basis to support granting this portion of his requested relief.

2.  His separation processing, to include the SPD and RE code assignments, was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  By regulation, the SPD code of JFL and the RE code of RE-3 are the proper codes to assign members separated under the provisions of Army Regulation 635-40, by reason of physical disability with severance pay.  Therefore, the RE-3 code assignment was and remains valid.  

4.  He has not provided any corroborating evidence nor does his record contain any corroborating evidence to show he completed 14 years, 1 months, and 
29 days of active service.  The available evidence shows he enlisted in the RA on 2 October 1985 and he was honorably discharged on 15 November 1997, which equates to 12 years, 1 month, and 14 days of creditable active service as shown on his DD Form 214.  Therefore, there is no basis for changing item 12c of his DD Form 214 to show any additional active duty service.


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)                                         AR20110016989



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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