. DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 i Docket No: 7427-15 Fr om: To: Chairman, Board for Correction oSecretary of the Navy f Naval HAY 1 Recor ds 02016 Ref: (a) Titl e 10 U.S.C . 1552 Encl : (1) DD Form 149 w/attachments (2) Subject' s naval record 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner , filed enclosure (1) with this Board requesting, in effect, .that the applicable navai record be corrected to show that his disability was combat related in bl ock 28, DD Form 214 . 2 . The Board , reviewed Petit . 2016 and, pursuant to its regulations, determined that the corrective action i ndicated below should be taken on t he avai lable evidence of recor d. Document ary material considered by t he Board consisted of the enclosures, naval records, and applicable statutes , regulations and policies . 3. The Board, having reviewed al l the facts of record pertaining to Petitioner's allegations of error and injustice, findsas fol lows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulati ons within the Department of the Navy. b . Petitioner was determined to be unfi t for continued naval servi ce by the Physical· Evaluation Board on 12 Jan 2015.. He was .rated 10% disabled for a dislocated right patella; a 2009 injury that occurred in a combat zone. The PEB further determined that Petitioner's disability was a direct resul t of a combat related injury as defined in26 USC l04{b) (3}. c. Petitioner was issued a DD Form 214 that .stat e s in Block 28 t hat his disability was non-combat related. He was also issued a. Separation Code of JE.B. d . Office of the Under Secretary of Defense Directive-Type Memorandum on Impl ementing Disability Related Provisions of the National Defense Authorization Act of 2008, dated March 13, 2008 provides directs that service members separated due to a service initiated discharge resul ting from physical disability with combat related severance pay and entitlement should receive a DD Form 214 that reads "Disability, Severance ·Pay, Combat Related (Enhanced)" with a Separation Code of JEA. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Petitioner's DD Form 214 should be corrected to reflect the SECDEF guidance. RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate, to show that: a. The Separation Code, Block 26, of his DD Form 214 contains "JEA." b. The narrative reason f or separat ion, Block 28, of his DD Form 214 contains "Disability, Severance Pay, Com.bat Related (Enhanced)." c. A copy of th~s Report of Proceedings will be filed in Petitioner's naval record. 4. It is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above 5 . Pursuant to the delegation of authori Section 6(e) of the revised Procedures of the Board for. Correction of N_aval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been app~oved by the Board on behalf of the Secretary of t he Navy. Executive Director 2