RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040008745


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rosa Chandler                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests his separation program designator (SPD) code and
his reentry (RE) code be corrected on his DD Form 214 (Report of Separation
From Active Duty).  In effect, he is also asking for a change in the
narrative reason and authority for his separation.

2.  The applicant states:

      a.  For $100.00 cash, he is willing to settle this matter.

      b.  The reasons cited for his separation are false.

      c.  He now has spinal stenosis and degenerative disc disease and is
in a wheelchair.

      d.  Without the requested changes, he cannot reenter the Army.

3.  The applicant provides:

      a.  A hand-written letter, dated 25 August 2004.

      b.  A copy of a 17 July 1978 letter addressed to him from the
Commander, Company B, 1st Battalion, 3rd Basic Combat Training Brigade,
Fort Leonard Wood, Missouri, subject: Separation Under Provisions of
Trainee Discharge Program.

      c.  A copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 July 1978.  The application submitted in this case is
dated 25 August 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In
this case, the ABCMR will conduct a review of the merits of the case to
determine if it would be in the interest of justice to excuse the
applicant’s failure to timely file.

3.  The applicant enlisted in the US Army Reserve Delayed Entry Program
(DEP) for 6 years on 29 August 1977.  On 15 June 1978, he was discharged
from the DEP and enlisted in the Regular Army for 3 years.  On 21 June
1978, he was assigned to Company B, 1st Battalion, 3rd Basic Combat
Training Brigade at Fort Leonard Wood and commenced basic training.

4.  The applicant quickly established himself as an inept Soldier.  He was
unable to do physical training (PT), scoring only 165 points on the 300
point PT test; he failed 14 tasks on a Phase 1 Common Skills Test; and he
twice failed to qualify as a marksman with the rifle.  His company
commander stated that he did not possess the "desire, motivation, or the
ability to become a Soldier."

5.  On 18 July 1978, the applicant was notified that he was being processed
for separation under the provisions of paragraph 5-33, Army Regulation (AR)
635- 200, the Trainee Discharge Program (TDP).  He acknowledged
notification and indicated that he did not desire to make a statement, did
not desire a separation physical examination, and did not desire to speak
with legal counsel.  On 21 July 1978, the Commander, 3rd Basic Combat
Training Brigade approved the applicant's separation with an honorable
discharge.

6.  On 25 July 1978, the applicant was honorably discharged under the
provisions of paragraph 5-33, AR 635-200, TDP.  He completed 1 month and
11 days of active service.  He was assigned an SPD code of JEM and an RE
code of RE-3.

7.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel from the Army.  Paragraph 5-33 of this
regulation, in effect at the time, governed the Trainee Discharge Program
(TDP).  This program provided for the separation of service members who
lacked the necessary motivation, discipline, ability or aptitude to become
productive soldiers or have failed to respond to formal counseling.  The
regulation essentially requires that the service member must have
voluntarily enlisted; must be in basic, advanced individual, on-the-job or
service school training prior to award of a military occupational specialty
and must not have completed of more than 179 days of active duty on the
current enlistment by the date of separation.  The regulation provided that
Soldiers may be separated when they have demonstrated that they are not
qualified for retention due to failure to adapt socially or emotionally to
military life; cannot meet minimum standards prescribed for successful
completion of training because of lack of aptitude, ability, motivation, or
self- discipline; or have demonstrated character and behavior
characteristics not compatible with satisfactory continued service.

8.  Pertinent Army regulations provide that, prior to discharge or release
from active duty, individuals will be assigned RE codes based on their
service records or the reason for discharge.  AR 601-280, then in effect,
covered eligibility criteria, policies and procedures for reenlistment.
Paragraph 2-23 identified Soldiers ineligible for immediate reenlistment
and stated that Soldiers discharged under the TDP would receive an RE-3
code and would be ineligible to reenter the Army without obtaining a
waiver.

9.  AR 635-5-1 (Separation Program Designator 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.  It provides that SPD code JEM will be applied to TDP separations
under the provisions of paragraph 5-33, AR 635-200.

DISCUSSION AND CONCLUSIONS:

1.  There is no error or injustice in this case.  The applicant
demonstrated a complete inability to absorb the training requirements
needed to be a Soldier.  He was discharged under the TDP (paragraph 5-33,
AR 635-200) and given an SPD code of JEM and an RE code of RE-3.

2.  The applicant's discharge proceedings were conducted in accordance with
law and regulations applicable at the time.  The SPD and RE codes assigned
are correct.

3.  In 1978, when he was not confined to a wheelchair, the applicant was
unable to pass the Army's PT test.  If the applicant is wheelchair-bound
today as he indicates in his application, he is obviously not physically
qualified for military service.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 July 1978; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 24 July 1981.  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__kan___  __wdp___  _mjnt___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                        Kathleen A. Newman
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008745                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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