ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 October 2019 DOCKET NUMBER: AR20170003803 APPLICANT REQUESTS: a change of the Separation Code “KFN” listed on 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 214 (Certificate of Release or Discharge from Active Duty) 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 (ABCMR) 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 he did not have a physical disability prior to service was hurt while in basic training. He continued on to his Advanced Individual Training at Fort Rucker Alabama and while there he passed out in formation from having the Flu. He was evaluated by a physician who noticed an injury. He was later sent to orthopedics to be evaluated for that injury. The orthopedic doctor determined that he could no longer run and recommended that he was not fit for duty. He was later discharged and tried to apply for Veterans Healthcare benefits, but was denied due to his separation reasoning. 3. A review of the applicant's service record shows: a. He enlisted in the Regular Army on 25 January 1983. b. His military entrance examination, dated 4 August 1982, states he was in good health with no orthopedic issues listed. c. His military separation physical, dated 13 May 1983, notes he is in fair health with orthopedic issues listed. d. The applicant was honorably discharged from the Regular Army on 27 May 1983. His DD Form 214 shows he was discharged under the provisions of AR 635- 40, chapter 5. It also shows his separation code listed as, “KFN.” The narrative reasoning for separation is, “Physical disability prior to entry on active duty-Medical Board.” He completed 4 months and 3 days of net active service during this period. 3. Chapter 5 of Army Regulation 635-40 provides for the expeditious discharge of enlisted personnel who are not qualified for retention on active duty by reason of physical disability, which was neither incurred nor aggravated during any period in which the member was entitled to basic pay in accordance with chapter 3 of Army Regulation 40-501. 4. Army Regulation 635-5-1 (Separation Program Designator Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code "KFN" is the correct code for Soldiers separating under the provisions of chapter 5 of Army Regulation 635-40 for a physical disability existing prior to entry on active duty as established by medical board proceedings – not entitled to severance pay. BOARD DISCUSSION: Afer reviewing the application and all supporting documents, the Board found relief was not warranted. Based upon documentary medical evidence from the MEPS in the former service member’s record, the Board concluded that the separation code reflected on the applicant’s DD Form 214 accurately reflects the facts and circumstances of his separation and that there was insufficient evidence to show that an error or injustice was present which would warrant a correction. 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 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 635-5-1 (Separation Program Designator Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code "KFN" is the correct code for Soldiers separating under the provisions of chapter 5 of Army Regulation 635-40 for a physical disability existing prior to entry on active duty as established by medical board proceedings – not entitled to severance pay. 3. Army Regulation 635-40 establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. It states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service. ABCMR Record of Proceedings (cont) AR20170003803 3 1