PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:            26 May 1999       
	DOCKET NUMBER:   AR1999023512

	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	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Barbara J. Ellis		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 that his SPD (separation program designator) Code be changed from “JFQ” to “JFL” so that he can collect his disability severance pay.

3.  Records available to the Board indicate the applicant entered active duty on 
1 June 1993 and served continuously until his separation by reason of physical disability on 2 September 1997.

4.  His 2 May 1997 Physical Evaluation Board (PEB) notes the applicant was found unfit for continued service because of asthma and recommended separation with a 10 percent disability rating.  The applicant’s record contains copies of the message approving his separation with severance pay and copies of orders assigning him the transition point in Hanau, Germany for separation processing.  The orders also confirm his entitlement to severance pay.

5.  When preparing the applicant’s DD Form 214,officials at the Hanau transition office assigned a SPD code of “JFQ” to item 26 (separation code) and indicated in item 28 (narrative reason for separation) that the basis for his separation was “disability, aggravation.”  The authority for separation, listed in item 25, was AR 635-40, paragraph 4-24b(3).

6.  Paragraph 4-24b(3) of Army Regulation 635-40 states that upon final decision of the PEB, officials will issue retirement orders or other disposition instructions indicating “separation for physical disability with severance pay.”

7.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In spite of the fact that Army Regulation 635-40, paragraph 4-24b(3) pertains to separation with disability severance pay Army Regulation 635-5 shows two difference reason for separation based on that particular paragraph.  It notes that SPD code “JFL” applies to individuals separated by reason of “disability, severance pay” while code “JFQ” applies to individuals separated by reason of “disability, aggravation.”  The “JFQ” code is used for involuntary discharge of prior service soldiers who, during current period of service aggravates a former disability for which previously separated.

CONCLUSIONS:

1.  The evidence confirms the applicant was not separated from an earlier period of military service by reason of disability and as such the narrative reason “disability, aggravated” contained in item 28 is incorrect which makes the SPD Code in item 26 also incorrect.

2.  The evidence confirms the applicant was separated by reason of disability and authorized severance pay.  His narrative reason for separation should be “disability, severance pay” and his SPD Code should be “JFL.”

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:

a.  by showing in item 26 that his SPD Code is “JFL” and;

b.  by showing in item 28 that his narrative reason for separation is “disability, severance pay.”

BOARD VOTE:  

__mdm___  __aao___  ___bje__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999023512	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990526	
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. 110.00		
2.		
3.		
4.		
5.		
6.