IN THE CASE OF:
BOARD DATE: 31 July 2008
DOCKET NUMBER: AR20080006185
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that the Separation Program Designator (SPD) Code be removed from his DD Form 214 (Report of Separation From Active Duty) with an effective date of 17 June 1976.
2. The applicant states, in effect, that a SPD code is not required for an honorable discharge. He further states the SPD code causes discrimination.
3. The applicant provides no additional evidence or official documentation 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 applicants 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 applicants 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 personnel record shows he enlisted in the Regular Army on 11 February 1975 for a period of 3 years. He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 12B (Combat Engineer).
3. On 26 February 1976, the applicant was mandatorily referred to the Alcohol and Drug Abuse Prevention and Control Program (CDAAC) for counseling and rehabilitation for heroin use.
4. On 7 May 1976, a progress report from the CDAAC recommended the applicant be considered a rehabilitation failure and that he be processed for administrative discharge.
5. On 12 May 1976, the applicant's commander notified him that action was being taken to discharge him for unsuitability.
6. On 14 May 1976, the applicant's commander recommended that the applicant be eliminated before his expiration term of service for personal abuse of drugs and illegal, wrongful, and improper use of a control substance, to wit: morphine.
7. On 7 June 1976, the appropriate authority approved the recommendation to discharge the applicant and directed that he be issued an Honorable Discharge Certificate.
8. On 17 June 1976, the applicant was discharged by reason of unsuitability for drug abuse and assigned the SPD code "JMM." The SPD code "JMM" is entered in Item 9c (Authority and Reason) of the applicant's DD Form 214. He had completed 1 year, 4 months, and 7 days of active service that was characterized as honorable.
9. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), then in effect, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The SPD code was used in statistical accounting to represent the reason for separation. The regulation showed that the SPD code JMM, as shown on the applicants DD Form 214, specifies the narrative reason for discharge as Unsuitability - drug abuse.
10. Army Regulation 635-5 (Separation Documents), then in effect, provided, in pertinent part, that an SPD code would be entered in Item 9c of a Soldier's
DD Form 214. The Regulation further provided that the narrative reason indicated by the SPD code would not be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his SPD code should be removed from his
DD Form 214 because he received an honorable discharge and the code causes discrimination.
2. Based on the reasons the applicant was discharged, the SPD coded entered on his DD Form 214 is correct.
3. Army Regulations required the entry of an SPD code on a DD Form 214 without regard to the characterization of service (i.e. honorable, general, etc.).
Therefore, there are no provisions for removing the SPD code from the applicant's DD Form 214.
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
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.
ABCMR Record of Proceedings (cont) AR20080006185
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080006185
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100011877
The applicant requests, in effect, the reason for his discharge be deleted from his DD Form 214 (Report of Separation from Active Duty). The applicant's record contains a document, Subject: Commander's Declaration of Re-hab Failure, dated 5 August 1976, that states on 8 July 1976 the applicant was referred to the Fulda Community Drug/Alcohol Assistance Center (CDAAC) because of a triple positive urinalysis. The applicant's record contains an undated 20th Medical Detachment memorandum,...
ARMY | BCMR | CY2006 | 20060012825
The applicants personnel records contain Copy 2, Copy 4, and Copy 8 of his DD Form 214. Copy 2, Copy 4, and Copy 8 were filed in the Military Personnel Records Jacket (MPRJ). The evidence of record shows that the applicant was separated from active duty under the provisions of Army Regulation 635-200, chapter 9 for drug abuse in compliance with applicable regulations.
ARMY | BCMR | CY2001 | 2001061307C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. APPLICANT REQUESTS: Removal...
ARMY | BCMR | CY2012 | 20120008556
The applicant requests an upgrade of his general discharge under honorable conditions to an honorable discharge and correction of his records to show he was awarded military occupational specialty (MOS) 11E (Armor Crewman). There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The evidence of record shows the applicant's discharge under the provisions of Army Regulation 635-200, chapter 13,...
ARMY | BCMR | CY2008 | 20080016061
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. The regulation in effect at the time specified that item 9c of the DD Form 214 (Authority and Reason) would reference the appropriate regulation, circular, bulletin, special separation directive, statute, etc., followed by the SPD code. ...
ARMY | BCMR | CY2013 | 20130022133
He states, in effect, the punishment he received as a result of court-martial was unjust. The evidence of record does not support the applicant's request for an upgrade of his UD. He contends that his drug use rendered him a helpless heroin addict, and if he had been sent to the hospital for detoxification and treatment instead of being tried by court-martial (i.e., instead of appearing before a board of officers considering the recommendation to administratively discharge him), his Army...
ARMY | BCMR | CY2014 | 20140000585
A memorandum, subject: Separation for Medical Reasons, dated 11 July 1976, shows he was to be discharged for medical reasons under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-9, with SPD code "JFT." There is no evidence of error in the authority for discharge and the SPD code entered on his DD Form 214, and both entries connote that he was discharged for medical reasons. He is advised that he may use these Proceedings as evidence of...
ARMY | BCMR | CY2010 | 20100030142
However, a general or honorable discharge may be awarded, if appropriate. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), then in effect, provided that prior to discharge or release from active duty, individuals would be assigned RE codes based on their service records or the reason for discharge. The evidence of record does not show the applicant met the criteria for award of the Overseas Service Ribbon during his periods of active service or correction of his...
ARMY | BCMR | CY2009 | 20090011682
Application for correction of military records (with supporting documents provided, if any). The regulation in effect at the time of the applicant's REFRAD provided for entering the statutory/regulatory authority for separation plus the SPD code in item 9c of the DD Form 214. As a result, the addition of these codes on the DD Form 214 is authorized by the governing regulation and there is no evidence of record or independent evidence provided by the applicant that would support a...
ARMY | BCMR | CY2011 | 20110010226
The applicant requests, in effect, removal of the separation program designator (SPD) code "KFN" from item 9c (Authority and Reason) and the statement "physical disability, existed prior to service (EPTS), medical board" from item 27 (Remarks) of his DD Form 214 (Report of Separation from Active Duty). However, his record contains the applicant's command endorsements approving his medical evaluation board (MEB) proceedings wherein he was found to have a condition which existed prior to his...