IN THE CASE OF:	  

		BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20130004876 


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 item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* the reason for separation should be "Disability, Severance Pay, Combat Related" not "Disability, Severance Pay, Non-Combat (Enhanced)"
* his DD Form 199 (Informal Physical Evaluation Board (PEB) Proceedings) shows his disability did result from a combat-related injury 

3.  The applicant provides:

* DD Form 199
* DD Form 214 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 May 2010 and trained as an infantryman.  

2.  His Medical Evaluation Board proceedings are not available. 


3.  On 13 December 2012, an informal PEB found him physically unfit due to lumbar disc degeneration.  The DA Form 199 states he has a history of back pain with the first treatment record in February 2011 as a result of an injury received during live fire training.  The PEB recommended a 20 percent disability rating and separation from the service with severance pay.  On 19 December 2012, the applicant concurred with the PEB's findings and recommendations and waived a formal hearing.

4.  Section V (Administrative Determinations) of his DA Form 199 states, in pertinent part:

* the disability disposition is based on disease or injury incurred in the line of duty in combat with an enemy of the United States and as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war 
* the disability did result from a combat-related injury under the provisions of 26 USC (U. S. Code) 104 or 10 USC 10216
* the disability severance pay was not awarded for disability incurred in a combat zone or incurred while performing combat-related operations as designated by the Secretary of Defense under the provisions of 10 USC 1212

5.  He was honorably discharged from active duty on 5 February 2013 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability, severance pay, non-combat (enhanced).  He completed 2 years, 8 months, and 18 days of creditable active service.

6.  His DD Form 214 shows in:

* Item 25 (Separation Authority) the entry "AR (Army Regulation) 635-40, CHAP (Chapter) 4
* Item 26 (Separation Code) the entry "JEB"
* Item 28 the entry "DISABILITY, SEVERANCE PAY, NON-COMBAT (ENHANCED)"

7.  The Under Secretary of Defense memorandum, dated 13 March 2008, established four new separation program designator (SPD) codes, one for standard use and one for use by the Disability Evaluation System (DES) Pilot "Enhanced" Program.  The new SPD codes reflect the categorization of combat-related disability directed by Public Law 101-181 and will be utilized on the

DD Form 214 of all service members with disabilities incurred in a combat-related operation.

8.  All Army Activities Message 147/2008, dated 13 June 2008, subject:  Implementation of New SPD Codes for the Disability-Related Provisions of National Defense Authorization Act (NDAA) 2008 and the DES Pilot Program, Implements new SPD codes for the disability-related provisions of the fiscal year 2008 NDAA and the DES Pilot Program.  It directed that the SPD codes of "JFI" and "JFO" would replace the SPD code of "JFL" and the SPD codes of "JEA" and "JEB" would replace the SPD code of "JEL."

	a.  SPD code "JFI" for disability, severance pay, combat-related, is used for a discharge resulting from physical disability with combat-related severance pay and entitlement.

	b.  SPD code "JFO" for disability, severance pay, non-combat related, is used for a discharge resulting from physical disability with non-combat related severance pay and entitlement.

	c.  SPD code "JEA" for disability, severance pay, non-combat related (enhanced), is used for a discharge resulting from physical disability with combat-related severance pay and entitlement.

	d.  SPD code "JEB" for disability, severance pay, non-combat related, is used for a discharge resulting from physical disability with non-combat related severance pay and entitlement.

9.  NDAA 2008, section 1646 (Enhancement of Disability Severance Pay) provides that no deductions may be made from severance pay of service members rated less than 30 percent disability with less than 20 years of active duty, if the disability severance pay is for a disability incurred in line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the Secretary of Defense.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he was discharged by reason of "Disability, Severance Pay, Combat-Related" was carefully considered.




2.  The PEB determined:

* his disability was the result of an injury received during live fire training 
* the disability disposition is caused by an instrumentality of war and incurred in the line of duty during a period of war 
* the disability did result from a combat-related injury
* the disability was not incurred in a combat zone or incurred while performing combat-related operations as designated by the Secretary of Defense

3.  In view of the foregoing, he was assigned the appropriate SPD code and narrative reason for separation and is not entitled to the 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.

ABCMR Record of Proceedings (cont)                                         AR20130004876



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ABCMR Record of Proceedings (cont)                                         AR20130004876



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