IN THE CASE OF:	  

		BOARD DATE:	  11 February 2014

		DOCKET NUMBER:  AR20130009730 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his separation code as "JFI" or "JEA."

2.  The applicant states he believes the separation code is in error because he was injured in combat.  He was discharged with severance pay and should have been assigned a combat-related or combat-related (enhanced) separation code.  On 13 March 2008, the Department of Defense provided implementing guidance for members separated for qualifying combat-related conditions and awarded severance pay that would not be subject to offset by the Department of Veterans Affairs based on the enhanced codes.

3.  The applicant provides copies of his DD Form 214 and excerpts from the law that implemented enhanced separation codes effective 28 January 2008.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was serving in the Washington Army National Guard when he was ordered to active duty on 15 November 2003 in support of Operation Enduring Freedom.  He deployed to Iraq during the period 15 March 2004-8 January 2005.

3.  On 23 May 2005, he was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), due to disability with severance pay.  He completed 1 year, 6 months, and 9 days of active service during this period of and was assigned a separation program designator (SPD) code of "JFL."

4.  A review of the available records failed to show any evidence related to the nature of his disabilities.

5.  All Army Activities Message 147/2008, dated 13 June 2008, subject:  Implementation of New SPD Codes for the Disability-Related Provisions of the National Defense Authorization Act (NDAA) 2008 and the Disability Evaluation System (DES) Pilot Program, implemented new SPD codes (to include JFI and JEA) for disability-related provisions of the NDAA 2008 and the DES Pilot Program.  Sixteen new SPD codes were added.

6.  Army Regulation 635-5-1 (SPD Codes) states that SPD codes are three-character alphabetic combinations that identify reasons for and types of separation from active duty.  The SPD code of "JFL" is the correct code for Soldiers separating under Army Regulation 635-40, chapter 4, by reason of  disability with severance pay.  Enhanced separation codes denote combat-related disabilities.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and supporting documents have been noted.

2.  Enhanced separation codes were implemented in 2008, 3 years after the applicant was discharged, and there were no provisions for retroactive changes for members who had previously been separated.

3.  The applicant was issued the correct SPD code in effect at the time based on the reason for his separation.

4.  In the absence of evidence of an error or injustice in his case, there appears to be no basis to grant his request to change his separation code.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________X____________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130009730



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ABCMR Record of Proceedings (cont)                                         AR20130009730



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