PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  12 April 2001
	DOCKET NUMBER:  AR2001052244

	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. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Richard T. Dunbar		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 separation program designator (SPD) code
of “JFL” be changed to “TA 120” (Transition Assistance) due to his medical discharge with severance pay and that his separation orders be amended to show that he was entitled to medical care, post exchange (PX), and 
commissary privileges. 

3.  The applicant states that item 26 (Separation Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) should show the entry 
“TA-120” and that his separation orders should show that he was entitled to medical care for 4 months and PX and commissary privileges for a period of
2 years.  He also stated that this information was omitted from his separation orders at the time of his discharge.  In support of his application he submits
a copy of his DD Form 214 and a copy of his separation orders.

4.  The applicant’s military records show he enlisted on 3 December 1993 as 
a military policeman.  He continued to serve until he was honorably discharged on 15 May 1999 under the provisions of Army Regulation 635-40, para 4-24b(3) for disability with severance pay.  He was issued an SPD code of “JFL”.

5.  The applicant provided a copy of US Army Combined Arms Center and Fort Leavenworth Orders 040-0002, dated 9 February 1999.  However, his additional instructions do not show entitlement to transition benefits.

6.  Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the separation program designator “JFL” as shown on the applicant’s DD Form 214 is appropriate when
the narrative reason for discharge is “Disability, Severance Pay” and that the authority for discharge is “AR 635-40, paragraph 4-24b(3)”.

7.  Army Personnel Command Message with a Date/Time Group of 111545Z May 1995, outlined the Transition Assistance Program Update-Implementing
DODI 1332.36.  Change 1 to DODI 1332.36 contains a table with a revised list of SPD codes that confer transition benefits.  DODI 1332.36 provides, in pertinent part, that personnel who are involuntarily separated with an SPD code of JFL are authorized extended commissary and PX privileges for a period of 2 years and medical care for a period 120 days after separation.

8.  In the processing of this case an advisory opinion was provided by the US Total Army Personnel Command (PERSCOM), Chief, Retirements and Separation Branch.  PERSCOM stated that the applicant’s case has merit.  PERSCOM also stated that the Army Board for Correction of Military Records (ABCMR) should have the transition center at Fort Myer amend the applicant’s separation orders to reflect that he and his dependents were authorized post exchange (PX) and commissary privileges for a period of 2 years.  The orders should be further amended to show that the applicant and all dependents have authorization for medical care in a military treatment facility for a period not to exceed 120 days.  The effective date for both actions should be established from the date of the amended orders.  PERSCOM further stated that there is no authority to enter the term “TA-120” on the applicant’s DD Form 214.

9.  The applicant was provided a copy of the favorable opinion for possible comment prior to consideration of his case.  The applicant was provided 20 days to respond; however, he did not respond.

CONCLUSIONS:

1.  The Board notes that the applicant was discharged under the provisions of Army Regulation 635-40, for disability with severance pay and was assigned the proper SPD code of “JFL” in accordance with established regulations.

2.  The evidence of record shows that the applicant was entitled to transition benefits at the time of his discharge based on his SPD code of “JFL”.  Therefore,
the Board concludes that his separation orders should be amended to show that he was authorized post exchange (PX) and commissary privileges for a period of 2 years and 120 days of medical care.  The effective date of such benefits should be established from the date of the amended orders.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by amending Headquarters, US Army Combined Arms Center and Fort Leavenworth Orders 040-0002, dated 9 February 1996 to show:

a.  additional instructions:  s.  Expiration post exchange/commissary for a period of 2 years; and  

b.  additional instructions:  t.  Expiration medical for a period of 120 days.

2.  The effective date of both actions will be established from the date of the amended orders. 

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__ra___  ___dh___  ___rd__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Roger W. Able____
		        CHAIRPERSON

INDEX

CASE ID	AR2001052244	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010412	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19990515	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  191		
2.  1021		
3.		
4.		
5.		
6.