PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            12 January 2000
	DOCKET NUMBER:   AR1999025398

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Luther L. Santiful		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, in effect, that the separation program designator (SPD) code contained on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.

3.  The applicant states, in effect, that block 26 of his DD Form 214 is incorrect and should contain a code which supports the correct reason for his separation which was Disability-Severance Pay.  The applicant enclosed a copy of his separation orders in support of his application.  

4.  The applicant’s military records show that he entered the Regular Army on 
11 July 1991 and served until being discharged on 18 December 1992.  The highest rank he attained while on active duty was private first class/E-3 and there is no indication in the record that he ever completed a course of training which qualified him for award of a military occupational specialty.

5.  The Army’s Personnel Command (PERSCOM) issued an electronic message on 1 December 1992 which directed the applicant’s discharge.  This directive stated that the applicant would be discharged immediately, under the provisions of Paragraph 4-24b (3), Army Regulation 635-40, by reason of a disability with severance pay.  

6.  On 18 December 1992, the applicant was honorably discharged after completing 1 year, 5 months, and 8 days of active military service.  The DD Form 214 issued the applicant at discharge contains the following information:  
Block 25 (Separation Authority) Paragraph 4-24e (2), Army Regulation 635-40; Block 26 (Separation Code) SFK; and Block 28 (Narrative Reason for Separation) Physical Disability-Temporary.

7.  AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of JFL is the appropriate code for soldiers separated under the provisions of Paragraph 4-24b (3) of Army Regulation 635-40 by reason of Disability-Severance Pay based on the guidance provided in AR 635-5-1.

CONCLUSIONS:

1.  After carefully examining the evidence of record, the Board concluded that the authority for separation, narrative reason for separation, and SPD code pertaining to the applicant’s discharge were erroneously changed by someone in the discharge process.  Therefore, the Board concluded, as a matter of propriety, that the applicant’s records should be corrected at this time.

2.  The appropriate authority, PERSCOM, directed that the applicant be separated under the provisions of Paragraph 4-23b (3) of Army Regulation 
635-40, by reason of Disability-Severance Pay.  However, the DD Form 214 was erroneously prepared directing the applicant’s separation under the provisions of Paragraph 4-24e (2), Army Regulation 635-40, by reason of Disability-Temporary.  Using the incorrect authority and reason for separation also resulted in an incorrect SPD code being entered on the DD Form 214 issued to the applicant at his discharge.

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 that the individual concerned was separated under the provisions of Paragraph 4-23b (3), Army Regulation 635-40, by reason of Disability-Severance Pay, with an SPD code of JFL.

BOARD VOTE:  

___inw__  __ls_____  ___js ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR1999025398	
SUFFIX		
RECON		
DATE BOARDED	2000/01/12	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1992/12/18	
DISCHARGE AUTHORITY	AR 635-40 	
DISCHARGE REASON	Disability-Severance Pay	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.