BOARD DATE: 24 August 2020 DOCKET NUMBER: AR20190014260 APPLICANT REQUESTS: block 26 (Separation Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an unspecified different code for a medical discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Discharge Packet FACTS: 1. The applicant states there is an error on his DD Form 214 in regards to the "JFV" code which is supposed to be a different code for a medical discharge. He also states this error has caused him to obtain a debt from the Defense Finance and Accounting Service (DFAS). 2. The applicant enlisted in the Regular Army on 23 June 2014. After completion of initial entry training, he was awarded military occupational specialty (MOS) 91S (Stryker System Maintainer). 3. The applicant's record contains: a. A memorandum from the Brigade Physician Assistant, 1st Stryker Brigade Combat Team, 4th Infantry Division, Fort Carson, CO, dated 31 October 2018 shows she recommended the applicant to be separated under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 5-17. The medical professional states the following: (1) He has been in the military for 4 years and 9 months. He had an atraumatic injury to both his shoulders 2 years ago. This is most likely an overuse injury. His imaging does not show any tears that require surgery. The patient has tried conservative treatment with physical therapy and injections with pain management. His function and pain level has not improved with those treatments. (2) Per Army Regulation 40-501 [Standards of Medical Fitness], chapter 3-12, he does not meet criteria for a medical evaluation board (MEB). Given his MOS of 91S, he has a very heavy physical requirement which includes lifting greater than 100 lbs. from a stationary position. Given his current medical situation and non-deployability status, he is not suited for military service. (3) This recommendation is for the Commander to make an informed decision on the best needs of the Soldier and the Army. b. A DA Form 3822 (Report of Mental Status Evaluation), dated 13 November 2018 shows he was examined by a licensed clinical social worker at the Embedded Behavioral Health Team 1 Clinic as a command referral for possible administrative action. This form showed his behavior was normal and had no duty limitation due to behavioral health reasons. The applicant was diagnosed with "Other problems related to psychosocial circumstances." He was found not to meet criteria for post-traumatic stress disorder (PTSD) or any other behavioral health condition warranting disposition through medical channels. He was mentally responsible, could distinguish right from wrong, possessed sufficient mental capacity, and he was cleared for any administrative action deemed appropriate by the command. 4. The applicant was informed by his commander that separation action was being initiated against him under the provisions of Army Regulation 635-200, chapter 5-17 on 14 December 2018. The commander stated the reason is for having been treated for atraumatic injury to both of his shoulders and having gone through treatments with physical therapy and pain management with no signs of improvement. He further noted "Given your current medical situation and non-deployability status, you are not suited for military service." The applicant was advised of his right to consult with legal counsel and to submit statements in his own behalf. 5. The applicant consulted with legal counsel and he was advised of the basis for the contemplated action to separate him under the provisions of Army Regulation 635-200, chapter 5-17, for other designated physical or mental conditions on 18 December 2018. He waived consulting with counsel and elected not to submit a statement in his own behalf. 6. Subsequent to his acknowledgement, his immediate commander recommended he be separated under the provisions of Army Regulation 635-200, chapter 5-17, by reason of other designated mental conditions on 18 December 2018. His intermediate commander recommended the applicant's separation on 4 January 2019. 7. The separation authority approved his discharge under the provisions of Army Regulation 635-200, chapter 5-17 and directed his service be characterized as honorable on 9 January 2019. 8. The applicant was honorable discharged from the Army under the provisions of Army Regulation 635-200, chapter 5-17 on 30 January 2019. The DD Form 214 he was issued shows he was credited with the completion of 4 years, 7 months, and 7 days of net active service. Additionally, it shows the following entries in: * Block 26 (Separation Code): "JFV" * Block 27 (Reentry Code): "3" * Block 28 (Narrative Reason for Separation): "Condition, Not a Disability" 9. The applicant contends his separation code error has caused a debt from DFAS to him; however, he provides no evidence of a debt from DFAS. A review of his record show a memorandum from Commander, Defense Military Pay Office, Fort Carson, dated 7 November 2018 from his separation packet, shows the applicant is not indebted to the U.S. Government. 10. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD code to be entered on the DD Form 214. It identifies SPD code "JFV" as the appropriate code to assign enlisted Soldiers who are administratively discharged under the provisions of Army Regulation 635-200, chapter 5-17, based on a condition, not a disability. 11. Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It states to obtain the correct entry from Army Regulation 635-5-1, which provides the corresponding SPD code for the regulatory authority for separation for block 26. It further notes that SPD codes are "For Official Use Only" and are not released outside Department of the Army. Only the individual being separated is entitled access to his or her SPD code. It is not intended that these codes stigmatize an individual in any manner. They are intended for DOD internal use in collecting data to analyze statistical reporting trends that may influence changes in separation policy. BOARD DISCUSSION: The applicant has requested that his discharge characterization be changed from “Condition, not a disability” to an unspecified narrative reason. Available documents indicate that the applicant’s shoulder condition did not meet the regulatory threshold for referral to the disability evaluation system (MEB/Physical Evaluation Board (PEB) process). The Brigade Physician Assistant deemed the applicant’s shoulder pain was caused by overuse and was a condition, not a disability. The record indicates that the appropriate separation code and narrative reason were used in relation to the separation authority of AR 635-200, paragraph 5-17, which is a separation for “Condition, not a disability.” Therefore, the Board determined there is no basis for correction of the applicant’s 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. 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. Army Regulation 635-200 sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Chapter 5-17 provides that commanders, who are special court-martial convening authorities, may approve separation actions under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to, or performance of, duty. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition. Members may be separated for physical or mental conditions not amounting to disability which is sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired. 2. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD code to be entered on the DD Form 214. It identifies SPD code "JFV" as the appropriate code to assign enlisted Soldiers who are administratively discharged under the provisions of Army Regulation 635-200, chapter 5-17, based on a condition, not a disability. 3. Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It provides the principles of support, standards of service, polices, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. a. Chapter 5 (Preparing Separation Documents) states that 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 REFRAD (release from active duty), retirement, or discharge. b. Block 26 (Separation Code) states to obtain the correct entry from Army Regulation 635-5-1, which provides the corresponding SPD code for the regulatory authority for separation. SPD codes are "For Official Use Only" and are not released outside Department of the Army. Only the individual being separated is entitled access to his or her SPD code. It is not intended that these codes stigmatize an individual in any manner. They are intended for DOD internal use in collecting data to analyze statistical reporting trends that may influence changes in separation policy. 4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 provides a list of RE codes. * RE-1 applies to Soldiers completing their terms of active service who are considered qualified for enlistment if all other criteria are met * RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable – they are ineligible unless a waiver is granted 5. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers. The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established the RE code of "3" as the proper RE code to assign to enlisted Soldiers separated with the SPD code of "JFV." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014260 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1