IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130009730
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 code as "JFI" or "JEA."
2. The applicant states he believes the separation code is in error because he was injured in combat. He was discharged with severance pay and should have been assigned a combat-related or combat-related (enhanced) separation code. On 13 March 2008, the Department of Defense provided implementing guidance for members separated for qualifying combat-related conditions and awarded severance pay that would not be subject to offset by the Department of Veterans Affairs based on the enhanced codes.
3. The applicant provides copies of his DD Form 214 and excerpts from the law that implemented enhanced separation codes effective 28 January 2008.
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 was serving in the Washington Army National Guard when he was ordered to active duty on 15 November 2003 in support of Operation Enduring Freedom. He deployed to Iraq during the period 15 March 2004-8 January 2005.
3. On 23 May 2005, he was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), due to disability with severance pay. He completed 1 year, 6 months, and 9 days of active service during this period of and was assigned a separation program designator (SPD) code of "JFL."
4. A review of the available records failed to show any evidence related to the nature of his disabilities.
5. All Army Activities 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 (to include JFI and JEA) for disability-related provisions of the NDAA 2008 and the DES Pilot Program. Sixteen new SPD codes were added.
6. 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 "JFL" is the correct code for Soldiers separating under Army Regulation 635-40, chapter 4, by reason of disability with severance pay. Enhanced separation codes denote combat-related disabilities.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions and supporting documents have been noted.
2. Enhanced separation codes were implemented in 2008, 3 years after the applicant was discharged, and there were no provisions for retroactive changes for members who had previously been separated.
3. The applicant was issued the correct SPD code in effect at the time based on the reason for his separation.
4. In the absence of evidence of an error or injustice in his case, there appears to be no basis to grant his request to change his separation code.
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 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) AR20130009730
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130009730
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090016808
a. SPD code "JFI" for disability, severance pay, combat-related, is used for 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 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 discharge resulting from physical disability...
ARMY | BCMR | CY2013 | 20130004876
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. 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...
ARMY | BCMR | CY2011 | 20110024492
The applicant states his DA Form 199 (Physical Evaluation Board (PEB) Proceedings) shows his disability as combat-related and his separation orders also indicate his disability resulted from a combat-related injury. He was discharged from active duty on 16 August 2011 in the rank of SFC 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). ...
ARMY | BCMR | CY2008 | 20080014935
The applicant requests, in effect, that item 28 (Narrative Reason for Separation), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected to show the entry "Disability, Severance Pay, Combat Related" instead of the entry "Disability, Severance Pay, Non-Combat Related." The evidence of record shows the applicant was honorably discharged, on 13 August 2008, by reason of physical disability, under the provision of Army Regulation 635-40 and IAW NDAA 2008, due...
ARMY | BCMR | CY2009 | 20090016405
IN THE CASE OF: BOARD DATE: 29 April 2010 DOCKET NUMBER: AR20090016405 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. b. SPD Code "JFO" for disability, severance pay, non-combat related, is used for 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 discharge resulting from physical disability with combat-related severance pay and entitlement.
ARMY | BCMR | CY2013 | 20130021752
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 disabled with less than 20 years of active duty if the disability severance pay is for a disability incurred in the line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the Secretary of Defense. The applicant contends items 26 and 28 of his DD Form 214 should...
ARMY | BCMR | CY2009 | 20090021590
The applicant requests, in effect, correction of his discharge orders and item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his disability was combat related. The applicant submits Orders 331-0104, dated 26 November 2008, which state, in pertinent part, his scheduled date of separation is 1 February 2009 and under additional instructions the entries "d. Disability resulted from a combat related injury as defined in...
ARMY | BCMR | CY2011 | 20110024581
Item 10c of the proceedings shows the disability did result from a combat-related injury as defined in Title 26, U.S. Code, section 104. c. Item 10d states the disability was not incurred in a combat zone or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense in accordance with the National Defense Authorization Act (NDAA) 2008, section 1646. b. SPD code JFO for disability, severance pay, noncombat-related, is used for a discharge...
ARMY | BCMR | CY2014 | 20140008737
The applicant provides: * extracts of his military medical records and Department of Veterans Affairs (VA) medical records * VA Form 21-0819 (VA/Department of Defense (DOD) Joint Disability Evaluation Board Claim) * VA Disability Evaluation System (DES) Proposed Rating, dated 26 August 2011 * VA rating letter, dated 29 August 2011 CONSIDERATION OF EVIDENCE: 1. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability...
ARMY | BCMR | CY2014 | 20140001120
Department of Defense Instruction 1332.38, subject: Physical Disability Evaluation, states a physical disability evaluation shall include a determination and supporting documentation on whether the member's physical disability compensation is excluded from Federal gross income under Title 26 USC 104. a. SPD Code of "JFI" is appropriate when the narrative reason for discharge is disability, severance pay, combat-related, and the authority is Army Regulation 635-40, chapter 4; b. SPD Code of...