IN THE CASE OF:	  

		BOARD DATE: 	        22 May 2009

		DOCKET NUMBER:  AR20090000701 


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 item 16 (High School Graduate or Equivalent) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show "Yes" instead of "No."  He also requests that item 28 (Narrative Reason for Separation) be changed. 

2.  The applicant states, in effect, that the record is in error because he did not have a diploma at the time of his service.  He also states that his narrative reason for separation should be changed to satisfactory instead of unsatisfactory performance due to his poor health while serving on active duty. 

3.  The applicant provides a high school diploma, dated 29 September 2008, and an academic equivalency transcript 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 enlisted in the Regular Army on 31 July 1979 and he trained as a petroleum supply specialist.  

3.  The applicant's DA Form 2A (Personnel Qualification Record), prepared on 
12 January 1984, shows his physical profile was 111111.

4.  On 21 February 1984, the applicant's commander stated that the applicant underwent a complete mental evaluation on 27 January 1984 and was perfectly fit for discharge procedures.

5.  On 14 March 1984, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations) for unsatisfactory performance.  He had served 4 years, 7 months, and 14 days of creditable active service.  

6.  Item 16 on the applicant’s DD Form 214 shows an "X" in the "NO" box.  Item 
25 (Separation Authority) on his DD Form 214 shows the entry "AR [Army Regulation] 635-200.  Item 26 (Separation Code) on his DD Form 214 shows the entry "LHJ"  Item 28 on his DD Form 214 shows the entry "Unsatisfactory Performance." 

7.  The applicant provided a diploma from Vencer High School which states that he satisfactorily completed the program in accordance with graduation requirements.  The diploma was awarded on 29 September 2008.

8.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13 of this regulation, in effect at the time, provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the 
basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

10.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes 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 regulation, in effect at the time, stated the reason for discharge based on separation code "LHJ" is "Unsatisfactory Performance" and the regulatory authority is Army Regulation 635-200, chapter 13.

11.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric.  Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.  
  
DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.  Since the applicant obtained his high school diploma on 29 September 2008, 
24 years after his release from active duty, there is no basis for amending item 16 on his DD Form 214.

2.  Although the applicant contends that he had poor health while serving on active duty, evidence of record shows his physical profile was 111111 on 
12 January 1984.  In addition, the applicant underwent a complete mental evaluation on 27 January 1984 and was found to be perfectly fit for discharge.

3.  The narrative reason for separation used in the applicant’s case is correct and was applied in accordance with the applicable regulations.  



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)                                         AR20090000701



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ABCMR Record of Proceedings (cont)                                         AR20090000701



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