ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 May 2019

	DOCKET NUMBER:  AR20160018070


APPLICANT REQUESTS: to have the separation code “JFP” removed from his 
DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* Self-Authored Statement (2)
* Excerpt from Army Regulation (AR) 600-8-4 (Line of Duty Policy, Procedures, and Investigations)
* Veterans Affairs (VA) Medical Records Excerpts
* Criminal Investigation (CID) Report Request
* CID Report 
* Neuropsychological Evaluation

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states that he has been clinically diagnosed with post-traumatic stress disorder (PTSD) and persistent depressive disorder due to a stressor that caused him to be discharged.  He also states that after researching AR 600-8-4 and AR 600-8-1 (Army Casualty Operations/Assistance/Insurance), he believes that his abuse of alcohol was a developmental disease, he should have the separation code “JFP” removed, be medically discharged and receive money dating back to when he separated.  He believes his separation should reflect in the line of duty.

3.  The applicant provides:


* AR 600-8-4 excerpt, dated 16 September 1986.
* VA Medical records excerpts, dated 5 May 2016.
* Criminal Investigation (CID) Report Request, dated 21 December 2016.
* CID Report, dated 23 June 1995.
* Neuropsychological Evaluation, dated 10 &11 June 1996.

4.  A review of the applicant’s service record shows:

	a.  The applicant enlisted in the Regular Army (RA) on 10 September 1992.  His DA Form 2-1 (Personnel Qualification Record) indicates he served in Korea from 1 April 1993 to 31 March 1994.  

	b.  He was discharged on 17 August 1994 for immediate reenlistment and reenlisted in the RA on 18 August 1994.

	c.  DD Form 261 (Report of Investigation) reflects that the applicant was involved in a motor vehicle accident on 25 October 1995.  The applicant had a blood alcohol test conducted, which revealed that he had a blood alcohol content (BAC) of 198 mg/dl and was therefore legally intoxicated.  It was determined that intoxication and willful misconduct were the proximate cause of the applicant’s vehicle accident and personal injury.  After a thorough investigation, the incident was ruled "Not in Line of Duty, Due to Own Misconduct." 

	d.  On 14 March 1996, a legal review by the Chief of Administrative and Civil Law for legal sufficiency was completed and there were no objections.

	e.  On 24 July 1996, a medical evaluation board (MEB) was conducted for post traumatic headaches and probable seizure disorder, conditions that did not meet retention standards.  The MEB referred him to a physical evaluation board (PEB).  

	f.  On 19 September 1996, a n informal PEB convened and the applicant unfit.  The PEB recommended separation without disability benefits.  On 3 October 1996, the applicant non-concurred with the findings, waived a formal hearing, and submitted a rebuttal.  On 9 October 1996, the PEB president concurred with the PEB findings and forwarded the findings to the physical disability agency for review and final processing.

	g.  He was discharged from active duty on 21 January 1997.  His DD Form 214 reflects he was honorably discharged under the provisions of AR 635-40 (Disability Evaluation for Retention, Retirement, or Separation), paragraph 4-24B(6).  He was assigned the Separation Code of “JFP.”  He completed 4 years, 4 months and 12 days of active duty service.  

5.  On 23 January 2019, Case Management Division (CMD) requested a medical review of the applicant’s alleged medical condition(s) to ascertain if condition(s) warranted separation through medical channels.  As a result, on 23 January 2019, the Army Review Boards Agency medical advisor/ psychologist reviewed the applicant's case and rendered an advisory opinion and opined:

	a.  Based on thorough review of available medical records, there is a lack of evidence that the applicant met criteria for post-traumatic stress disorder (PTSD) during his military service.  His misconduct appears to be best attributed to alcohol abuse.

	b.  There is a lack of information regarding the trauma incident (death of friend) to include timeframe; however, there is evidence of alcohol related problems prior to, during, and post-service.

	c.  This observation does not negate the applicant’s diagnoses and treatment from the VA for PTSD and other behavioral health conditions; however, the VA conducts evaluations based on different standards and regulations.

	d.  VA examinations can confirm diagnoses and determine if medical conditions occurred while on active duty; however, it does not address whether a medical condition met or failed Army retention criteria or if it was a ratable condition during the period of service.

	e.  In summary there is no evidence that a behavioral health condition mitigated the applicant’s misconduct and no change to the reason for discharge is recommended.

6.  The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal.  He did not respond.

7.  By regulation (AR 635-5), item 26 would provide the corresponding separation program designator code for the regulatory authority and reason for separation.  

8.  By regulation (AR 635-5-1), the Separation Code JFP is the appropriate code used for Soldiers separating under chapter 4-24b(2) of AR 635-40 due to disability, not in line of duty. 

8.  In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was / was not warranted.  Based upon the medical advisory finding that the applicant’s misconduct appears to be best attributed to alcohol abuse, the Board concluded there was no evidence of an error or injustice which would warrant making a change to the separation code of the applicant.
BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	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.
	 
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.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation (AR) 635-5 (Separation Documents) in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It stated that item 26 would provide the corresponding separation program designator code for the regulatory authority and reason for separation.

3.  AR 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code of JFP is the correct code for Soldiers separating under AR 635-40, para 4-24b(6) Disability, Not in Line of Duty.

4.  AR 600-8-4 (Line of Duty Policy, Procedures, and Investigations), prescribes policies and procedures for investigating the circumstances of disease, injury, or death of a Soldier. It provides standards and considerations used in determining line of duty (LD) status.


ABCMR Record of Proceedings (cont)	 AR20160018070


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