ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  10 May 2019
DOCKET NUMBER: AR20170003286


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 24 April 2013, to show in Item 26 (Separation Code) the entry "SFJ."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   * DD Form 149 (Application for Correction of Military Record)
* DD Form 214
   * Separation Code printout (unknown source) 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 the separation code listed in Item 26 of his DD Form 214 is a typographical error and the appropriate separation code should be "SFJ."

3. The applicant completed active duty enlisted service in the Regular Army from 12 June 2007 through 24 April 2013.

4. His DD Form 214 shows in:

* Item 23 (Type of Separation), Retirement
* Item 25 (Separation Authority), AR 635-40, Chapter 4
* Item 26 (Separation Code), SEJ
* Item 28 (Narrative Reason for Separation), Disability, Permanent (Enhanced)

5. The applicant provides a printout wherein he highlights the Separation Program Designator (SPD) Code "SFJ-Permanent disability, United States Navy, Officers."
1. 

6. New SPD Codes were implemented for the Disability-Related Provisions of the National Defense Authorization Act (NDAA) 2008 and the Disability Evaluation System (DES) Pilot Program. The SPD code "SEJ" is used when the narrative reason for separation is "Disability, Permanent (Enhanced)" and the authority is Army Regulation 635-40, chapter 4.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the guidance in paragraph 6 in the Record of Proceedings above, the Board concluded there was no error or injustice which would warrant making a change to the record.

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.
5/16/2019

CHAIRPERSON
Signed  by: 
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. All Army Activities (ALARACT) 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 for the disability-related provisions of the NDAA 2008 and the DES Pilot Program. This message states the Department of Defense memorandum, dated 13 March 2008, directed in part the implementation of the following applicable separation program designator (SPD) codes:

   a. SPD code "SEJ" is the appropriate code when the narrative reason for separation is "Disability, Permanent (Enhanced)" and the authority is Army Regulation 635-40, chapter 4.

   b. SPD code "SEK" is the appropriate code when the narrative reason for separation is "Disability, Temporary (Enhanced)" and the authority is Army Regulation 635-40, chapter 4.

3. Army Regulation (AR) 635-5-1 (Personnel Separations-Separation Program Designator Codes (SPD)), prescribes the SPD codes to be used and the authorities and reasons for their use and control. Table 2-3 (Enlisted Personnel) shows that the appropriate SPD code for Soldiers retired in accordance with Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation), as the result of a permanent disability (enhanced), is "SEJ."