IN THE CASE OF: BOARD DATE: 4 April 2023 DOCKET NUMBER: AR20220008411 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect separation program designator (SPD) code JFI in lieu of JFL APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 13 April 2000 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 believes his SPD code on his DD Form 214 is incorrect. It currently shows JFL, but he believes it should be corrected to show JFI. He was medically boarded out of the military. His PEB Proceedings show he was injured by an instrumentality of war, a military parachute, during a period of war on 28 February 1996. The disability did result from a combat related injury as defined in Title 26 U.S. Code, section 104. As so defined, he was injured to an instrument of war, specifically a parachute accident. This is documented in his service medical records and his PEB. 3. The applicant enlisted in the Regular Army on 17 October 1995. 4. The applicant provided a DA Form 199, which shows the following: a. A PEB convened on 13 April 2000, wherein the applicant was found physically unfit with a recommended combined disability rating of 10 percent and that his disposition should be separation with severance pay. b. Item 8a (VA Code) shows 5299 and 5295. c. Item 8b (Disability Description) shows chronic back pain with radicular features. Magnetic Resonance Imaging (MRI) revealed L5/S1 posterior herniation with impingement on dural bursa. Other studies show sacralization of L5 vertebra, herniated nucleus pulposus L4/L5 and scoliosis in T6/T9 region. Surgery was suggested as a possibility to relieve leg pain, but the Soldier declined. That is considered reasonable and acceptable. There are no neurological deficits. (Medical Evaluation Board (MEB) diagnoses (Dx) 1-4). The Soldier was injured by an instrumentality of war, a military parachute, during a period of war 28 February 1996. d. Item 10 states: * the Soldier’s retirement is based on disability from injury or disease revived in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in line of duty during a period of war as defined by law * the disability did result from a combat related injury as defined in Title 26, United States Code (USC) 104 5. A U.S. Army Physical Disability Agency (USAPDA) memorandum, dated 9 May 2000, informed the applicant of an administrative change to his DA Form 199, as reflected on the attached DA Form 18 (Revised PEB Proceedings). There was no change to his disposition or rating. 6. The DA Form 18, dated 9 May 2000, revised the applicant’s PEB Proceedings dated 13 April 2000, as follows: a. Item 8a reflects a corrected code of 5293. b. Item 8b reflects a corrected disability description stating chronic back pain with radicular features. MRI revealed L5/S1 posterior herniation with impingement on dural bursa. Other studies show sacralization of L5 vertebra, herniated nucleus pulposus L4/L5 and scoliosis in T6/T9 region. Surgery was suggested as a possibility to relieve leg pain, but the Soldier declined. That is considered reasonable and acceptable. There are no neurological deficits. (MEB Dx 1-4) (MEB Dx 2 and 3 not unfitting, not compensable). The Soldier was injured by an instrumentality of war, a military parachute, during a period of war 28 February 1996. c. This administrative correction reflects changes in item 8a and 8b, as reads above. This revision supersedes DA Form pertaining to his 13 April 2000 informal PEB. d. There are no changes to his disposition or rating. 7. A Personnel Network (PERNET) Message, dated 15 May 2000, shows the applicant was to be discharged immediately, no later than 15 August 2000, under the provisions of Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), for disability with severance pay and a disability rating of 10 percent. The message states disability did not result from a combat-related injury. 8. U.S. Army Southern European Task Force Order 146-001, dated 25 May 2000, honorably discharged the applicant effective 15 August 2000, under the provisions of Army Regulation 635-40, due to disability with severance pay with a disability rating of 10 percent. The orders state the disability did not result from a combat-related injury. 9. A facsimile, dated 22 June 2000, from the applicant’s chain of command to the author of the PERNET Message, dated 15 May 2000, shows the applicant’s commander pointed out that the message pertaining to the applicant’s disability separation states the disability did not result from a combat-related injury; however, the DA Form 199 indicates that the disability did in fact result from a combat-related injury. Should the message be amended or was a different decision made, of which the commander was not informed? 10. A PERNET Message, dated 21 June 2000, corrected the above-referenced PERNET Message, dated 15 May 2000, to show the applicant was to be discharged immediately, no later than 15 August 2000, under the provisions of Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation), paragraph 4- 24b(3), for disability with severance pay and a disability rating of 10 percent and that the disability did result from a combat-related injury. 11. The applicant’s DD Form 214 shows he was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), for disability with severance pay. His SPD is listed as JFL (Disability, severance pay). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant was injured by an instrumentality of war, a military parachute, during a period of war 28 February 1996. A PEB found him unfit and recommended his separation with severance pay. The original approval of his disability separation was corrected to show disability did result from a combat-related injury. However, in the version of this regulation in effect at the time, Separation Code JFL corresponded to involuntary discharge with the Narrative Reason of Disability, severance pay under AR 635-40 (Disability Evaluation for Retention, Retirement, or Separation) paragraph 4-24b(3). This is the only listed Separation Code for disability with severance pay. The new codes JFI and JFO were created after the Global war on Terrorism. The applicant was separated before these codes were introduced. 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, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-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 (SPD) Codes) implements department of Defense policy for standardization of certain entries on the DD Form 214 (Certificate of Release or Discharge from Active Duty), to including SPD codes to be used and the authorities and reasons for their use and control. a. In the version of this regulation in effect at the time, Table C-1 (SPD codes applicable to enlisted personnel) shows SPD code JFL corresponds to involuntary discharge with the Narrative Reason of Disability, severance pay under the Separation Authority of AR 635-40 (Disability Evaluation for Retention, Retirement, or Separation) paragraph 4-24b(3). This is the only listed SPD code for disability with severance pay. b. In the current version of this regulation, effective 2 March 2022, Table 2-3 (Enlisted personnel) shows the following: (1) SPD code JFI corresponds to involuntary discharge with the Narrative Reason of Disability, severance pay, combat related legacy Disability Evaluation System (DES) under the Separation Authority of Army Regulation 635-40. (2) SPD code JFO corresponds to involuntary discharge with the Narrative Reason of Disability, severance pay, non-combat legacy DES under the Separation Authority of Army Regulation 635-40. (3) SPD code JFL is no longer listed. 3. Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability and streamlines the procedures for disability case processing. Paragraph 4-24b, in effect at the time, states U.S. Army Personnel Command (PERSCOM) will issue retirement orders or other disposition based upon the final decision of U.S. Army Physical Disability Agency (USAPDA) as follows: * 4-24b(1) permanent retirement for physical disability * 4-24b(2) placement on the Temporary Disability Retired List (TDRL) * 4-24b(3) separation for physical disability with severance pay * 4-24b(4) separation for physical disability without severance pay * 4-24b(5) transfer of Soldier who has completed at least 20 qualifying years of Reserve service and otherwise qualifies, to the Inactive Reserve on request * 4-24b(6) separation for physical disability without severance pay when the disability was incurred as a result of intentional misconduct, willful neglect, or during a period of unauthorized absence * 4-24b(7) release from active duty and return to retied status of retired Soldiers serving on active duty who are found physically unfit * 4-24b(8) return of the Soldier to duty when he/she is determined physically fit //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008411 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1