PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            9 February 2000                  
	DOCKET NUMBER:   AR1999029216

	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. Raymond V. O’Connor Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol Jo Suiter		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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was discharged by reason of physical disability-severance pay.

3.  The applicant states, in effect, that he was released from active duty and placed on the Temporary Disability Retirement List (TDRL) but was subsequently taken off the TDRL and discharged with severance pay.  He claims that given his status change and the fact that he had only completed less than 12 years of active service he was not eligible for retirement; however, he is now a civil service employee and his benefits are being effected by his original DD Form 214 which shows him as a retiree.   

4.  The applicant’s military records show that he continuously served on active duty from 12 July 1974 until he was placed on the TDRL on 7 September 1983.  At the time he was separated and placed on the TDRL the applicant held the rank of sergeant/E-5 and had honorably served on active duty for 11 years, 
6 months, and 13 days.

5.  On 29 June 1983, a Physical Evaluation Board (PEB) convened and published proceedings pertaining to the applicant.  These proceedings indicated, after a formal review of all the available medical records and hearing the sworn testimony of the applicant, that the applicant should be placed on the TDRL with a reexamination in December 1984.

6.  Accordingly, on 7 September 1983, the applicant was separated and placed on the TDRL.  The DD Form 214 listed the type of separation as Retirement and the authority for separation as Paragraph 4-24e (2), Army Regulation 635-40.  The narrative reason for separation was listed physical disability-temporary which resulted in the applicant being placed on the TDRL.  In addition, the DD Form 214 indicated that the applicant was assigned the corresponding Separation Program Designator (SPD) code of SFK and an Reentry (RE) Code 
of 4

7.  On 7 August 1986, the PEB again convened and published new proceedings pertaining to the applicant.  There findings at this time were that the applicant’s condition consisted of a moderate impairment of the right knee with associated non-ratable strain of his left knee.  The PEB commented that the member’s condition now supported a finding of physical unfitness and he was given a combined disability rating of 20%.  However, it was noted by the PEB that disability ratings of less than 30% for members with less than 20 years of service require that members be separated from the service with severance pay, not placed on the Retired List.  

8.  On 3 September 1985, Headquarters Department of the Army, United States Army  Military Personnel Center, Alexandria, Virginia, published Orders Number 
D167-19.  This order removed the applicant from the TDRL and discharged him from the Army, effective 1 October 1985, by reason of disability with severance pay.  This discharge was based on the PEB findings which awarded the applicant a 20% disability rating.  

9.  Army Regulation  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 SFK was the appropriate code for the applicant based on the guidance provided in the regulation for soldiers being placed on the TDRL under the provisions of Army Regulation 635-40, Paragraph 4-24e (2).  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 4 as the proper reentry code to assign to soldiers separated for this reason.  However, the proper SPD and RE codes for soldiers discharged, under the provisions of Paragraph 4-24b (3), Army Regulation 635-40, by reason of Disability-Severance Pay, is JFL and RE-3 respectively.  

CONCLUSIONS:

1.  The Board determined, although the DD Form 214 issued the applicant was correct at the time, the subsequent status change of the applicant, which was dictated by the PEB, has resulted in an unintended injustice to the applicant.  Therefore, the Board concludes, in the interest of justice, that a correction to the DD Form 214 should be issued to reflect the change in the applicant’s status.

2.  The Board concluded, based on the results of the last PEB evaluation and the guidance provided in the order published by the Military Personnel Center, that the applicant’s DD Form 214 should be corrected to show in block 23 that the type of separation the applicant received is a “Discharge”; in block 25 that the authority for his separation was “Paragraph 4-24b (3)”; in block 26 that his SPD code was “JFL”; in block 27 that his assigned RE code was “RE-3”; and in block 28 that his narrative reason for separation is “Physical Disability-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 that type of separation the individual concerned received was a “Discharge”; that the authority for his separation was “Paragraph 4-24b (3)”; that his SPD code was “JFL”; that his RE code was “RE-3”; and that his narrative reason for separation was “Physical Disability-Severance Pay”. 

BOARD VOTE:  

__cjs___  ___dsj__   __rvo   __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029216	
SUFFIX		
RECON		
DATE BOARDED	2000/02/09	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1983/09/07	
DISCHARGE AUTHORITY	AR 635-40 	
DISCHARGE REASON	Physical Disability-Severance Pay	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 189	110.0000	
2.		
3.		
4.		
5.		
6.