PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            21 July 1999                  
	DOCKET NUMBER:   AR1999022288

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. David E. Weightman		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his disability was in the line of duty.

3.  The applicant states that his Physical Evaluation Board (PEB) shows his injury was in the line of duty.

4.  The applicant’s military records show that he was enlisted in the Regular Army on 5 June 1990 and served until 7 October 1994.

5.  The PEB recommendation/findings on 31 August 1994 of an injury he received “IN LINE OF DUTY – NOT DUE TO OWN MISCONDUCT” were approved by appropriate authority, and accepted by the applicant on 
7 September 1994.

6.  He was discharged on 7 October 1994 with a 10 percent disability rating with severance pay.  His DD Form 214 shows the separation code as “JFP” and the narrative reason for separation (Item 28) as “DISABILITY, NOT IN LINE OF DUTY”.

7.  The specified separation code (Item 26) and narrative reason for separation (Item 28) for this separation is “JFL”, “Disability – Severance Pay”.

CONCLUSIONS:

1.  The applicant is entitled to correction of his DD Form 214 to show the reason for his separation as “Disability – Severance Pay”.  His injury was in the line of duty and this is the reason he was separated.

2.  This is confirmed by the PEB in his case showing his injury was in line of duty, with the approved recommendation for his separation based on 10 percent disability with severance pay.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing “JFL” in Item 26, Separation Code, and “Disability – Severance Pay” in Item 28, Narrative Reason For Separation, of the DD Form 214 of the individual concerned.

BOARD VOTE:  

cwb_____  jma_____  rgh_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999022288	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	208.00	
2.	100.00	
3.		
4.		
5.		
6.