PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            
	DOCKET NUMBER:   AR2000042741

	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. 		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 reentry (RE) code be changed to RE-3, because the reason for his separation was temporary not permanent disability.

3.  The applicant states, that since his separation from the Army he has undergone extensive check-ups with the same positive results.  The disease he had at separation is in remission and he is now very healthy and he is able to re-continue his service in the Army.

4.  The applicant’s military records show that he entered the Regular Army on 24 May 1988, trained as a 95B, Military Policeman, achieved the rank of specialist four and served continuously until he was placed on the temporary disability retired list (TDRL). 

5.  On 14 April 1992, a Physical Evaluation Board (PEB) convened and published proceedings pertaining to the applicant.  These proceedings indicated, after a 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 April 1993.

6.  Accordingly, on 26 May 1992, 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 Title 10, United States Code (USC) 1202.  The narrative reason for separation was listed as 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 a RE Code of RE- 4.

7.  On 3 August 1993, the PEB again convened and published new proceedings pertaining to the applicant.  Their findings at this time were that the applicant’s condition consisted of chronic pain and fatigue post treatment of Hodgkins disease.  The PEB found the applicant physically unfit and recommended a rating of 0%.  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 1 October 1993, Headquarters Department of the Army, United States Total Army Personnel Command, published Orders Number D188-13.  This order removed the applicant from the TDRL and discharged him from the Army, effective 1 October 1993, by reason of disability.  This discharge was based on the PEB findings, which awarded the applicant a 0% 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 4-24.  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 4-24, Army Regulation 635-40, by reason of Disability-Severance Pay, is JFL and RE-3 respectively.  

CONCLUSIONS:

1.  The Board determined that although the DD Form 214 issued to the applicant was correct at the time, his subsequent status change dictated by the PEB, has resulted in an unintended injustice to him. 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 concludes, based on the results of the last PEB evaluation and the guidance provided in the order published by the Military Personnel Command, that the applicant’s DD Form 214 should be corrected to show in block 23 that the type of separation he received is a “Discharge”; in block 25 that the authority for his separation was “Army Regulation 635-40, paragraph 4-24; 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 the separation the individual concerned received was a “Discharge”; that the authority for his separation was “Army Regulation 635-40,

paragraph 4-24”; 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:  

________  ________   _____   _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

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