RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 December 2007
	DOCKET NUMBER:  AR20070009041 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Michael J. Flynn

Member

Ms. Sherry J. Stone

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, in effect, that the authority and reason for his discharge be changed to show he was discharged for a hardship condition.

2.  The applicant states, in effect, that he completed basic combat training (BCT); however, the way his discharge document reads it appears that he never finished BCT.  The applicant also states that he served at Fort Ord, California; Fort Polk, Louisiana; and Fort Gordon, Georgia and was subsequently discharged for a hardship condition that was beyond his control.  The applicant further states, in effect, that he never needed medical attention before and is now attempting to obtain health care from the Department of Veterans Affairs (VA).  However, even though he received an honorable discharge, the VA has informed him that he does not qualify because he never finished BCT.

3.  The applicant provides a copy of his DD Form 4 (Enlistment Contract - Armed Forces of the United States), page 1, dated 21 November 1974; DA Form 3286 (Statements for Enlistment), page 1, undated; DA Form 3286-10-R (Statements for Enlistment), dated 21 November 1974; USAREC Form 335 (Certificate), dated 21 November 1974; USAREC Form Letter 31, dated November 1974; Headquarters, Armed Forces Examining and Entrance Station (AFEES), Oakland, California, Special Orders Number 232 (Extract), Paragraph 7 (front page, only), dated 21 November 1974; Headquarters, U.S. Army Training Center and Fort Ord, Fort Ord, California, Special Orders Number 44 (Extract), Paragraphs 80 and 147 (front pages, only), dated 13 February 1975; DA Form
2-1 (Personnel Qualification Record); Headquarters, U.S. Army Signal Center and Fort Gordon, Fort Gordon, Georgia, Special Orders Number 69 (Extract), Paragraph 63 (front page, only), dated 9 April 1975; Headquarters, U.S. Army Signal Center and Fort Gordon, Fort Gordon, Georgia, memorandum, dated
10 April 1975, subject: Order Not to Reenter Reservation; Headquarters, U.S. Army Signal Center and Fort Gordon, Fort Gordon, Georgia, memorandum, dated 10 April 1975, subject: Reason and Authority for Discharge; and DD Form 214 (Report of Separation from Active Duty), effective 10 April 1975.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military service records contain a DD Form 4 and supporting documents that show he enlisted and entered active duty in the Regular Army (RA) for a period of 3 years on 21 November 1974.  This document also shows he enlisted for the U.S. Army Airborne Enlistment Option.

3.  The applicant’s military service records contain a copy of Headquarters, AFEES, Oakland, California, Special Orders Number 232 (Extract), Paragraph 7, dated 21 November 1974 that show, in pertinent part, the applicant was assigned to the U.S. Army Reception Station, Fort Ord, California, with a reporting date of 21 November 1974, for the purpose of BCT.  This order also shows the applicant enlisted for airborne training and that his advanced individual training reporting date was unknown at that time.

4.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Training Center and Fort Ord, Fort Ord, California, Special Orders Number 21 (Extract), Paragraph 80, dated 21 January 1975 that show the applicant was relieved from Headquarters and Headquarters Company, 3rd Battalion,
3rd Brigade, Fort Ord, California, and assigned to the U.S. Army School Training, Fort Gordon, Georgia, with a reporting date of 1 February 1975, for training in military occupational specialty (MOS) 72E2O (Telecommunications Center Specialist).

5.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Training Center and Fort Ord, Fort Ord, California, Special Orders Number 64 (Extract), Paragraph 144, dated 5 March 1975 that revoked Headquarters, U.S. Army Training Center and Fort Ord, Fort Ord, California, Special Orders Number 21 (Extract), Paragraph 80, dated 21 January 1975.

6.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Training Center and Fort Ord, Fort Ord, California, Special Orders Number 44 (Extract), Paragraph 80, dated 13 February 1975 that show the applicant was assigned to the U.S. Army Training Center, Fort Polk, Louisiana, with a reporting date of 28 February 1975, for training in MOS 11B1O (Infantryman).


7.  The applicant’s military service records contain a copy of Headquarters U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 72 (Extract), Paragraph 184, dated 13 March 1975 that show the applicant was assigned to Headquarters, U.S. Army Signal Center and Fort Gordon, Fort Gordon, Georgia, with a reporting date of 16 March 1975, for training in MOS 72E1O (Telecommunications Center Specialist).

8.  The applicant’s DA Form 2-1 (Personnel Qualification Record), Item 35 (Record of Assignments) shows, in pertinent part, that on 29 November 1975, the applicant was assigned to Headquarters and Headquarters Company,
3rd Battalion, 3rd Brigade, Fort Ord, California, in duty military occupational specialty code (MOSC) 09B0O for the purpose of attending BCT.  This item also shows that on 16 March 1975 the applicant was assigned to Headquarters and Company A, 3rd Battalion, School Brigade, U.S. Army Signal Command and Fort Gordon, Fort Gordon, Georgia, in Duty MOSC 72E, for the purpose of attending Telecommunications Center Specialist training.  Item 6 (Military Occupational Specialties) and Item 17 (Civilian Education and Military Schools) are absent any entry pertaining to award of an MOS or completion of formal military schooling.

9.  The applicant’s military service records contain a copy of Headquarters, Company A, 3rd Battalion, School Brigade, U.S. Army Signal School, Fort Gordon, Georgia, memorandum, dated 3 April 1975, subject: Trainee Discharge Program.  This document shows the applicant was notified by his unit commander that under the provisions of Department of the Army (DA) message (Msg), date-time-group (DTG) 011510Z August 1973, subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days, the commander was initiating action to discharge him from the U.S. Army.  The reasons for the separation action cited by the unit commander were based on the applicant being a quitter, his inability to accept instructions or directions, clearly substandard performance, and evidence of social/emotional maladjustment.  The applicant was also advised that if his discharge was approved, he would be furnished an honorable discharge.  The applicant was also advised that, if he did not have prior military service he should understand that due to non-completion of requisite active duty time, VA and other benefits normally associated with completion of honorable active duty service will be affected.  The applicant was also informed that counsel will be made available to him, if desired, that he had the right to present any rebuttal or statements in his behalf to the discharge authority, or he may waive these rights.

10.  On 3 April 1975, the applicant acknowledged with his signature that he had received the separation notification.  The applicant waived his right to have counsel assist him, indicated he did not desire to make statements or submit a rebuttal in his own behalf, and indicated he understood that under the provisions of the Trainee Discharge Program he would be unable to reenter the U.S. Armed Forces for a period of 2 years from the date of his discharge.  The applicant also indicated, in pertinent part, that he understood that due to non-completion of requisite active duty time, VA and other benefits normally associated with completion of honorable active duty service will be affected.

11.  The applicant’s unit commander forwarded the separation action to the battalion commander for consideration.  On 4 April 1975, the battalion commander recommended approval of the applicant’s discharge and forwarded the separation action to the approving authority.

12.  On 8 April 1975, the colonel serving as Commander, School Brigade, U.S. Army Signal School, Fort Gordon, Georgia, approved the separation action under the provision of DA Msg, DTG 011510Z August 1973, subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days, and directed that the applicant be issued Separation Program Designator (SPD) “JNF” and furnished an Honorable Discharge Certificate.  The applicant was discharged on 10 April 1975.

13.  The DD Form 214, issued to the applicant on the date of his discharge, shows that he was separated under honorable conditions under the provisions of “DA Msg, DAPE-MPE, DTG 011510Z Aug 73, SPD JNF, Trainee Discharge Program.”  Item 16a (Primary Specialty Number and Title) of the DD Form 214 contains the entry “09B0O Trainee.”  The applicant's DD Form 214 also shows he completed 4 months and 20 days of net active service during this period, had no (zero) prior active service, and was credited with completing 4 months and
20 days of total active service.

14.  The applicant's military service records document no circumstances of the existence of hardship with respect to the care or support of his family.

15.  There is no evidence showing the applicant applied to the Army Discharge Review Board requesting a change regarding the authority and reason for his discharge within its 15-year statute of limitations.

16.  In support of his application, the applicant provides the following documents:

     a.  His DD Form 4, dated 21 November 1974; DA Form 3286 (page 1), undated; DA Form 3286-10-R, dated 21 November 1974; USAREC Form 335, dated 21 November 1974; USAREC Form Letter 31, dated November 1974; and Headquarters, AFEES, Oakland, California, Special Orders Number 232 (Extract), Paragraph 7 (front page, only), dated 21 November 1974.  These documents show, in pertinent part, that the applicant enlisted in the RA (U.S. Army Airborne Enlistment Option) for a period of 3 years on 21 November 1974.

     b.  Headquarters, U.S. Army Training Center and Fort Ord, Fort Ord, California, Special Orders Number 44 (Extract), Paragraphs 80 and 147 (front pages, only), dated 13 February 1975 and DA Form 2-1 (Personnel Qualification Record).  These documents show, in pertinent part, that his assignment to the U.S. Army School Training Center, Fort Gordon, Georgia, with a reporting date of 1 February 1975, was revoked; that he was reassigned to the U.S. Army Training Center, Fort Polk, Louisiana, with a reporting date of 28 February 1975; and that he was subsequently assigned to Headquarters and Company A, 3rd Battalion, School Brigade, U.S. Army Signal Center and Fort Gordon, Fort Gordon, Georgia, effective 16 March 1975.

     c.  Headquarters, U.S. Army Signal Center and Fort Gordon, Fort Gordon, Georgia, memorandum, dated 10 April 1975, subject: Order Not to Reenter Reservation; Headquarters, U.S. Army Signal Center and Fort Gordon, Fort Gordon, Georgia, memorandum, dated 10 April 1975, subject: Reason and Authority for Discharge; and DD Form 214, with an effective date of 10 April 1975.  These documents show, in pertinent part, that the applicant was discharged under the provisions of DA Msg, DTG 011510Z August 1973,  Trainee Discharge Program, effective 10 April 1975.

17.  Headquarters, Department of the Army message, DAPC-MPE, date-time-group 011510Z August 1973, subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days, provided the authority for discharge of enlisted personnel from the U.S. Army prior to the completion of their training for one (or more) of the following reasons: could/would not adapt; could not meet training standards; did not meet moral, mental, or physical standards; or character and behavior disorder.  An honorable discharge was authorized for members separating under this provision. 

18.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel),  Chapter 6 (Separation Because of Dependency or Hardship), Section II (Dependency or Hardship), in effect at the time of the applicant’s separation, provided for the discharge of enlisted Soldiers based upon hardship.  This Army regulation states, in pertinent part, that hardship exists when in circumstances not involving death or disability of a member of the enlisted person’s family, his separation from the Service will materially affect the care or support of his family by alleviating undue and genuine hardship.

19.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of “JNF” as the appropriate code to assign to enlisted Soldiers discharged under the provisions of Headquarters, Department of the Army message, DAPC-MPE, date-time-group 011510Z August 1973, subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, his discharge document gives the appearance that he did not finish basic combat training.  He also contends that the authority and reason for his discharge should be changed to show he was discharged based upon hardship.

2.  The evidence of record shows that the applicant attended and completed BCT at Fort Ord, California, and was assigned MOSC 09B0O (Trainee).  The evidence of record also shows that Item 16a of the applicant’s DD Form 214 documents this MOSC.

3.  The evidence of record shows that after completion of BCT, the applicant was assigned to Fort Polk, Louisiana, for further training in MOS 11B (Infantryman).  However, the applicant’s military service records are absent any evidence that he successfully completed this advanced individual training.

4.  The evidence of record shows that the applicant was subsequently assigned to Fort Gordon, Georgia, for training in MOS 72E (Telecommunications Center Specialist).  However, the applicant’s military service records are absent any evidence that show he successfully completed this advanced individual training.

5.  There is no evidence of record showing the applicant completed any advanced individual training or that he was awarded a primary MOSC.  Therefore, the applicant is not entitled to correction of Item 16a of his DD Form 214.

6.  There is no evidence of the existence of hardship circumstances with respect to the care or support of the applicant’s family, or that he submitted a request for discharge under the provisions of Army Regulation 635-200, Chapter 6 (Separation Because of Dependency or Hardship).  Thus, there is insufficient evidence to support the applicant’s claim that the authority and reason for his discharge should be changed to show he was discharged based upon hardship.
7.  The evidence of record shows the applicant’s separation under the provisions of Department of the Army message, date-time-group 011510Z August 1973, was based on the applicant’s inability to accept instructions or directions, substandard performance, and evidence of social/emotional maladjustment.  The evidence of record confirms that the applicant’s separation processing was accomplished in accordance with the applicable regulatory guidance in effect at the time, all requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  In addition, the evidence of record shows that the authority and reason is properly and correctly recorded in Item 5c (Authority and Reason) of the applicant’s DD Form 214.  Therefore, the applicant is not entitled to correction of his discharge document.

8.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__WDP __  ___MJF _  ___SJS _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




____ William D. Powers ____
          CHAIRPERSON




INDEX

CASE ID
AR20070009041
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/12/11
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19750410
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Trainee Discharge Program
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
144.0000.0000
2.

3.

4.

5.

6.