ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 October 2019 DOCKET NUMBER: AR20170007287 APPLICANT REQUESTS: * Correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 26 August 2014, by changing block 26 (Separation Code) from SEJ to SFJ * Reinstatement to the Relocation Assistance Program for Retirees APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant states: a. His DD Form 214 shows separation code SEJ, but should show SFJ. The code error has cost him a job application already. The DD Form 214 is believed to be fake due to the discrepancy in the codes. b. He is respectfully, requesting reinstatement in the Relocation Assistance Program for Retirees, which is to be used within 6 years of retirement. He was medically retired in September 2014, and has not used his relocation benefit yet. He was informed that he missed the deadline for an annual extension when he contacted the Fort Bragg, NC transportation office requesting use of the benefit. In December 2016, he submitted a written request to the same office, which was denied in February 2017. Due to his physical limitations, including his traumatic brain injury (TBI), he suffers from memory issues and forgot to apply for the annual extension. Currently, he is within his 6 year window to use his benefit. 2. The applicant provides his DD Form 214 for the period ending 26 August 2014. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 20 October 2004. b. He served in Iraq during the periods from 22 July 2007 to 6 December 2007, and from 21 July 2008 to 6 October 2008 c. He had an immediate reenlistment on 3 December 2008. d. On 13 May 2014, a physical evaluation board (PEB) convened and determined he was unfit for further military service. The PEB recommended he be placed on a permanent disability retirement due to his unfitting physical conditions. e. On 21 May 2014, he concurred with the PEB findings and recommendations, and did not request a reconsideration of his Department of Veterans Affairs provided ratings. f. Orders dated 12 June 2014, published by the U.S. Army Installation Management Command, Fort Bragg, NC shows he was reassigned for separation processing due to a permanent disability. The order shows his effective date of retirement as 28 August 2014, and placement on the retirement list as 29 August 2014. His order provided additional instructions: a. “you are authorized up to 1 year to complete selection of a home and complete travel in connection with this action.” g. Orders 168-0250, dated 17 June 2014, published by the U.S. Army Installation Management Command, Fort Bragg, NC shows his Orders 163-0281 were amended to show his effective date of retirement as 26 August 2014, and placement on the retirement list as 27 August 2014. h. DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 26 August 2014, shows in: * Item 12a (Date entered active duty this period) 20 October 2004 * Item 12b (Separation date) 26 August 2014 * Item 23 (Type of separation) Retirement * Item 24 (Character of service) Honorable * Item 25 (Separation authority) Army Regulation (AR) 635-40, chapter 4 * Item 26 (Separation code) SEJ (code not found in applicable regulation) * Item 28 (Narrative reason for separation) Disability, Permanent (Enhanced) 4. No evidence was available for review that he submitted written requests for extension after his retirement on 27 August 2014. 5. The Joint Travel Regulation (JTR) is the basic statutory regulation governing a uniformed member's travel and transportation at government expense, and has the force and effect of law issued primarily under the authority of Title 37 United States Code Section 481. 6. The applicant's retirement orders 163-0281, dated 12 June 2014, with a retirement date of 28 August 2014, provided him the additional instructions a.: "you are authorized up to 1 year to complete selection of a home and complete travel in connection with this action." The retiree was required to request and receive annual transportation extensions from a transportation office each year prior to his retirement anniversary date. There is no JTR authority to reinstate an expired transportation authorization. 7. The JTR, with basic statutory regulations concerning a Uniformed Service member's travel and transportation entitlements, indicates that retirement transportation and travel entitlements will be used within 1 year of retirement; however, it also provides for extensions of this entitlement in 1-year increments up to five additional years, or a total of 6 years. a. Extensions due to unforeseen medical reasons, education or training, and/or other deserving cases when an unexpected event beyond the retiree's control occurs, and which prevents the retiree from moving within the time limits may be granted under these extension provisions. b. He retired in August 2014, and his 1-year expired in August 2015. He stated, he submitted a written request to his transportation office at Fort Bragg, NC in December 2016, which was denied in February 2017. 8. By regulation, Army Regulation (AR) 635-5 (Personnel Separations-Separation Documents) the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 9. By regulation, AR 635-5-1 (Separation Program Designator (SPD) Codes prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214. Soldiers discharged, under the provisions of AR 635-40 for retirement due to a permanent disability (enhanced) are assigned Separation Code SEJ. 10. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. He contends he was told SEJ was erroneously placed on his DD Form 214 as his SPD Code. Regulatory guidance shows SEJ is provided when Soldiers are separated with the narrative reason for separation he received: disability, permanent enhanced. His retirement orders clearly shows he was instructed to contact the travel office, and shows he had up to 1 year to complete travel in connection with his retirement. The Board agreed he did not provide sufficient evidence that shows unusual circumstances delayed his request for an extension of his travel authorization. The Board determined there was no error or injustice in this case. 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. AR 635-5 (Personnel Separations-Separation Documents) the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 2. AR 635-5-1 (Separation Program Designator (SPD) Codes prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214. a. Paragraph 2-3 (Rules for separation program designator code control and usage) states the SPD code will be entered in block 26 of the DD Form 214 per AR 635-5 (Separation Documents) and this regulation. The narrative reason for separation will be entered in block 28 of the DD Form 214 exactly as listed and no deviation is authorized. b. Paragraph 2-6 (Separation program designators applicable to enlisted personnel) includes table 2-3 which lists the SPD codes in alphabetical order, the narrative reason, and the regulatory authority. c. Table 2-3 shows enlisted Soldiers discharged under the provisions of AR 635-40 for retirement due to a permanent disability (Enhanced) are assigned Separation Code SEJ. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007287 5 1