IN THE CASE OF:
BOARD DATE: 15 January 2009
DOCKET NUMBER: AR20080014494
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, in effect, change of his discharge to something other than the Trainee Discharge Program (TDP).
2. The applicant states that he was discharged due to computer error. Someone was told that he was being requested by the Marine Corps Reserve, but this was false. The Marine Corps Reserve had no file on him. He was discharged without benefits or compensation. He also states that he was discharged without cause, has been denied due process, and suffered cruel and unusual punishment. He was determined to make a life for himself, his wife and his son, even if it meant dying for his country. However, error put him out in the cold.
3. The applicant provides no supporting documentation.
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 enlisted in the Regular Army for 3 years and entered active duty on 11 May 1976. His enlistment documents show he was 19 years and 3 months old, he had completed the 10th grade, he held a general educational development (GED) certificate, and he was married and had a 6-month old child.
3. The applicant completed basic training but not he did not finish advanced individual training (AIT).
4. A 19 July 1976 counseling statement completed by the company commander recorded that the applicant persisted in his desire to get out of the Army because of his family problems. His wife and son had been evicted from their apartment and that the wife's father had refused to let her reside with him until the Soldier finished AIT. The company commander reported that he had tried to explain how the Soldier could help his family and tried, without success, to dissuade him from his insistence on being discharged. He considered the applicant a risk to become absent without leave (AWOL) which would only make his situation worse and not produce a quality Soldier. The company commander recommended that the applicant be separated with an honorable discharge under the TDP.
5. On the same day, the applicant acknowledged the recommendation for separation and declined to be represented by counsel, to make a statement in his own behalf, or to undergo a separation physical examination.
6. On 27 July 1976 the battalion commander recommended approval of the discharge. He also reported that both he and the command sergeant major had counseled the applicant but had been unable to change his mind. The separation authority approved the recommendation.
7. On 6 August 1976 the applicant was separated with an honorable discharge under the provisions of the TDP. He had 2 months and 26 day of creditable service and no time lost.
8. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Chapter 5 of the regulation provided, at that time, for the administrative separation of individuals who had demonstrated during the first 180 days of training that they lacked the necessary motivation, discipline, ability or aptitude to become effective Soldiers. This program, known as the Trainee Discharge Program, mandated the award of an honorable discharge.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence to substantiate the applicant's contention that he was discharged by mistake. Furthermore, the record is quite clear that he had a choice and that he wanted to be discharged.
2. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge conformed to the provisions of the governing regulation.
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
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) AR20080014494
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014494
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140010098
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army. The evidence of record confirms the applicant enlisted in the RA on 2 September 1975 and was honorably discharged on 18 December 1975 under the TDP which is properly shown on his DD Form 214. There is no evidence in his records and he did not provide any evidence that shows he served on active duty beyond his date of separation (18 December 1975).
ARMY | BCMR | CY2003 | 2003090351C070212
The applicant requests, in effect, that errors contained on his 9 February 1977 separation document (DD Form 214) be corrected. On 5 February 1977, the separation authority approved the TDP separation action on the applicant and directed that the applicant receive an honorable discharge under the provisions of paragraph 5-39, Army Regulation 635-200. The evidence of record also confirms that the applicant’s separation processing was accomplished in accordance with the applicable regulation...
ARMY | BCMR | CY2008 | 20080017270
The applicant submitted a copy of a DA Form 2496, dated 9 December 1976, in which the immediate commander requested and was granted a waiver of the applicants physical test portion of his basic combat training due to a temporary physical profile that was awarded on 24 November 1976 for a period of 21 days for a dislocated knee cap and that the applicant was cleared to ship. On 10 February 1977, the applicants unit commander notified the applicant that he was initiating action to discharge...
ARMY | BCMR | CY2014 | 20140009569
The applicant requests, in effect, correction of his record to show he was medically retired vice being honorably released from military service. He received a medical evaluation and was given pain medication and a knee bandage. All documentation in the applicant's record shows that although he received injuries during basic training, he was still fit for duty.
ARMY | BCMR | CY2010 | 20100018446
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) by adding a more specific narrative reason for discharge. The record does contain a Headquarters, U.S. Army Signal Center, Fort Gordon letter, dated 7 July 1975, which informed the applicant he was being separated from active duty under the provisions of Department of the Army (DA) Message (Msg) DAPE-MPE, August 1973, under the Trainee Discharge Program (TDP). Further, there is no...
ARMY | BCMR | CY2012 | 20120001265
The applicant requests correction of his military personnel records to show: * his rank and pay grade as private first class (PFC)/E-3 * the narrative reason for his discharge be changed to show a medical discharge instead of trainee discharge program (TDP) * he completed advance individual training (AIT) and was awarded military occupational specialty (MOS) 11B (Infantryman), and, * a service-connected injury while on active duty 2. On 7 June 1982, the applicant was discharged under the...
ARMY | BCMR | CY2013 | 20130006438
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show the reason for his separation was due to medical circumstances. However, on 13 July 1976 an intermediate commander recommended the applicant's discharge because he was unable to satisfactorily complete basic combat training requirements due to an EPTS medical condition. His records show his TDP case had been reviewed and an honorable discharge was approved by the appropriate...
ARMY | BCMR | CY2012 | 20120010301
Due to the applicant's attitude, the 1SG recommended he be discharged under the TDP. At least one formal counseling was required before separation proceedings could be initiated and there must have been evidence that the Soldier's deficiencies continued after the initial formal counseling. There is no evidence during his formal counseling or during his processing for separation that he was told he would receive an honorable discharge.
ARMY | BCMR | CY2002 | 2002075510C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 5 March 1985, the applicant’s commander initiated action to separate him under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. Previously, Army Regulation 635-200, the pertinent paragraph in chapter 5, provided that commanders could expeditiously discharge members under the TDP who lacked the necessary motivation, discipline,...
ARMY | BCMR | CY2001 | 2001058070C070420
Accordingly, the applicant was honorably released from active duty on 12 December 1980 under the provisions of Army Regulation 635-200, paragraph 5-33f(1), under the Trainee Discharge Program, and transferred to the Individual Ready Reserve. However, evidence of record shows that the applicant was dropped from the “71G10 Course” on 5 November 1980. The applicant’s contention that she was denied the right to appear before a board to stay in the USAR is not supported by the evidence of record.