RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20080000464 


	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.









      The following members, a quorum, were present:













	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 separation, Separation Program Designator (SPD) code and reentry (RE) code listed on his separation document (DD Form 214) be corrected.  

2.  The applicant states, in effect, that the SPD and RE codes listed on his 
DD Form 214 ceased on 1 May 1974.  He requests that a separate narrative statement for the reason for his separation be entered on the DD Form 214.  

3.  The applicant provides his DD Form 214 in support of his application.  

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 record shows that he enlisted in the Regular Army and entered active duty on 3 December 1974.  

3.  On 22 January 1975, while the applicant was still in basic combat training (BCT), his unit commander notified him that action to separate him under the provisions of Department of the Army (DA) Message Date/Time Group (DTG) 011510Z, by reason of Discharge of Enlistee Before 180 Days of Service, was being initiated.  The unit commander cited the applicant's poor attitude, lack of motivation, and failure to respond positively to counseling as the basis for taking the action.  

4.  On 22 January 1975, after having been notified of the basis for the separation action and of his rights in connection with the action, the applicant indicated that he did not desire counsel to assist him in explaining the discharge procedures or in making statements or rebuttals on his behalf.  He also indicated that he did not desire to have a separation medical examination and did not desire to submit a statement in his own behalf.  
5.  On 6 February 1975, the applicant requested and was provided by the Assistant Adjutant of the United States Army Transfer Center, Fort Jackson, South Carolina, an optional form containing the authority for his separation and narrative reason for his separation, and his RE code.  The applicant authenticated this letter with his signature on the date of receipt.

6.  On 6 February 1975, the applicant was honorably discharged.  The DD Form 214 he was issued at the time confirms he held the rank of private/E-1 (PV1), and that he had completed a total of 2 months and 4 days of active military service.  It also lists the authority for separation as DA Message DAPE-MPE 011510Z, August 1973 (Trainee Discharge Program), and that based on this authority he was assigned an SPD code of JNF and RE code of RE-3.  It also shows that he was issued an Honorable Discharge Certificate.

7.  DA Message DAPE-MPE-PS, DTG 011510A, August 1973 (Trainee Discharge Program), provided the authority for the discharge of enlistees before 180 days of active duty, and remained in effect through the publication of Interim Change 011735Z to Army Regulation 635-200 in December 1975.  It allowed for the discharge of RA enlistees prior to completion of training based on their inability to adapt, failure to meet training standards, failure to meet moral, mental, or physical standards, and character and behavior disorder not compatible with continued service.  Members separated under these provisions received an honorable discharge.  

8.  Army Regulation 635-5-1 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation that went into effect on 1 July 1974 and remained in effect through 1 June 1978, provided for assigning an SPD code of JNF to members discharged under the provisions of DA Message DAPE-MPE-PS, DTG 011510A, August 1973, by reason of the Trainee Discharge Program.  The SPD/RE Code Cross Reference Table in effect at the time established RE-3 as the proper code to assign members separated with an SPD code of JNF.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that authority for his separation and the assigned SPD and RE codes entered on his DD Form 214 are in error was carefully considered.  However, there is insufficient evidence to support this claim.  


2.  DA Message DAPE-MPE-PS, DTG 011510A, August 1973 (Trainee Discharge Program) provided the authority for the applicant's discharge on 
6 December 1975, and remained in effect through December 1975, at which time an Interim Change to Army Regulation 635-200 was published and incorporated all enlisted separation/discharge policy.  The governing regulation in effect at the time established the SPD code of JNF and RE code of RE-3 as the proper codes to assign members separated under these provisions.  As a result, there appears to be no error or injustice related to the DD Form 214 entries in question, and as a result, there is an insufficient evidentiary basis to grant the requested relief.   

3.  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

___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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ____x            ______
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080000464


4


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508