IN THE CASE OF:	  

		BOARD DATE:  26 September 2013

		DOCKET NUMBER:  AR20130002429 


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 corrections of her separation program designator (SPD) and reentry (RE) codes.

2.  The applicant states the medical reason and injury related to her discharge is now completely healed.  She now wants to enlist in the U.S. Air Force.

3.  The applicant provides a copy of her U.S. Army Physical Disability Agency (PDA) Scanning Record which includes the following:

* DA Form 199 (Physical Evaluation Board (PEB) Proceedings)
* Physical Disability Information Report

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant’s military records show she enlisted in the Regular Army (RA) on 26 February 2009.  Her records show she was not awarded a military occupational specialty.

3.  On 5 March 2010, a PEB at Fort Sam Houston, Texas, considered the applicant’s case.  The PEB rated the applicant's "navicular stress fracture, left foot" pain at 10 percent (%) under Department of Veterans Affairs (VA) disability code 5284.

4.  The PEB found that the applicant’s medical condition prevented her from performing the duties of her grade and specialty and recommended her separation with severance pay based on a 10% disability rating.  The PEB also determined the applicant's two additional diagnoses met retention standards.

5.  On 18 March 2010, the applicant concurred with the PEB findings.  She also waived her right to a formal hearing.

6.  On 30 March 2010, the applicant was discharged after completing 1 year and 18 days of creditable active military service.  At the time of her separation she held the rank/grade of private (PV1)/E-1.

7.  The DD Form 214 issued to the applicant confirms she was discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability with severance pay, non-combat (enhanced).  Item 26 (Separation Code) contains the entry “JEB” and item 27 (Reentry Code) contains the entry 3.

8.  Army Regulation  635-5-1 (Separation Program Designator (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. This regulation identifies the SPD code of JFL as the code to assign to members separating by reason of “disability with severance pay” under the provisions of chapter 4, paragraph 4-24b(3), Army Regulation 635-40.

9.  U.S. Army Human Resources Command (AHRC) Message Number (#) 132138Z June 2008 implemented new SPD codes for the disability-related provisions of the National Defense Authorization Act of 2008 and Disability Evaluation System (DES) Pilot Program.  It shows the SPD code of “JEB” was implemented to replace the SPD code of “JFL” and that it was assigned to those Soldiers who were discharged under the provisions of Army Regulation 635-40, chapter 4, by reason of disability with severance pay, non-combat (enhanced).  Army Regulation 635-5-1 will be updated to include the new SPD codes and to delete the old SPD codes.
10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) 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 basic eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes, including RA RE codes.  An RE code of "3" applies to persons who have a waivable disqualification.  Chapter 4 states recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are responsible for processing waivers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her SPD and RE codes should be corrected to allow her to reenlist in the Air Force because she is completely healed has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. While the applicant's medical condition may have improved since her discharge from the Army, there are no regulatory provisions that allow for changing or altering the DD Form 214 to document events that occur subsequent to a discharge action.

3.  Prior to the implementation of new policy guidance, the SPD code of "JFL" was the proper code to assign members discharged by reason of disability with severance pay under the provisions of Army Regulation 635-40, chapter 4.  However, the SPD code of "JFL" was subsequently replaced by the SPD code of "JEB" as evidenced in AHRC Message # 132138Z June 2008.  Thus, Item 26 of the applicant’s DD Form 214 correctly lists the proper SPD code based on the reason and authority for her discharge action.

4.  By regulation, an RE code of 3 is the proper code to assign members separated under these provisions of the regulation.  As such, her assigned RE code of 3 was and still is appropriate based on the authority and reason for her discharge action.

5.  Absent any evidence of an error or injustice this document carries with it a presumption of government regularity in the separation process.  Accordingly, there is no basis upon which to support the requested relief in this case.


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)                                         AR20130002429



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ABCMR Record of Proceedings (cont)                                         AR20130002429



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