BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130002663
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his separation program designator (SPD) code as "SFJ" instead of "SEJ."
2. The applicant states his SPD should be "SFJ."
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 26 November 2007 for a period of 4 years and a cash enlistment bonus under the civilian acquired skills program for duty as a translator aide.
2. He completed his basic training at Fort Jackson, SC and his advanced individual training at Fort Huachuca, AZ before being transferred to Fort Polk, LA for his first and only duty assignment.
3. He deployed to Iraq during the period 15 October 2008 to 15 October 2009 and he was returned to Fort Polk. He was promoted to pay grade E-5 on
1 March 2011.
4. On 24 July 2012, a Physical Evaluation Board (PEB) found the applicant unfit for retention and recommended his retirement by reason of permanent disability with a 40 percent disability rating. The applicant concurred with the findings and recommendations of the PEB.
5. On 27 October 2012, he was retired under the provisions of Army Regulation 635-40, chapter 4, due to disability, permanent (enhanced). He served 4 years, 11 months, and 2 days of creditable active service. His DD Form 214 shows he was assigned the SPD Code of "SEJ" to denote "Disability, Permanent (Enhanced)."
6. All Army Activities (ALARACT) Message 147/2008, 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, dated `13 June 2008, implemented new SPD codes for disability-related provisions of the NDAA 2008 and the DES pilot program. Sixteen new SPD codes were added, including SPD Code "SEJ Disability, Permanent (Enhanced), Army Regulation 635-40, chapter 4."
7. Army Regulation 635-5-1 (SPD Codes) states that SPD codes are three-character alphabetic combinations that identify reasons for and types of separation from active duty. The SPD code of "SEJ" is the correct code for Soldiers separating under Army Regulation 635-40, chapter 4 by reason of permanent disability (enhanced). Enhanced separation codes denote combat-related disabilities. The SPD code of "SFJ" is the correct code for Soldiers separating under Army Regulation 635-40, chapter 4 by reason of permanent disability that is non-combat related.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his separation code should be changed from "SEJ" to "SFJ" has been noted and appears to lack merit.
2. The applicant was discharged by reason of permanent disability (enhanced) and the correct separation code for a combat-related disability that results in permanent disability retirement is "SEJ."
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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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