IN THE CASE OF:
BOARD DATE: 14 APRIL 2009
DOCKET NUMBER: AR20090001029
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 that his Separation Program Designator (SPD) code be corrected.
2. The applicant essentially states that he is trying to enlist and that it was discovered that there is an error with his SPD code on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides his DD Form 214 and a DD Form 214WS (DD Form 214 Worksheet) in support of this 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 records show that he enlisted in the Regular Army on 6 September 2000. He completed initial entry training and was awarded military occupational specialty (MOS) 52D (Power Generation Equipment Repairer).
3. On 4 November 2003, the applicant accepted nonjudicial punishment under Article 15 of the Uniform Code of Military Justice for stealing a 27-inch color television and several PlayStation 2 video game cartridges from his roommate, making an official statement with intent to deceive that he did not know who had stolen his roommate's property, and willfully and wrongfully damaging a wall locker of his roommate by striking it with a broom handle. His punishment consisted of a reduction in rank and pay grade from specialist (SPC)/E-4 to private (PV2)/E-2, forfeiture of $609.00 pay per month for 2 months, and extra duty and restriction for 45 days.
4. On 25 March 2004, the applicant was discharged under honorable conditions under the provisions of paragraph 14-12c (Misconduct [Serious Offense]), Army Regulation 635-200 (Active Duty Enlisted Administrative Separations). However, item 25 (Separation Authority) of his DD Form 214 incorrectly shows that his separation authority was paragraph 14-12c(1) (Misconduct [Desertion]), Army Regulation 635-200. Item 26 (Separation Code) has an entry of "JKF," which incorrectly identifies his reason for discharge.
5. Paragraph 2-1 of Army Regulation 635-5-1 (SPD Codes) provides that SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of the Department of Defense and the military services to assist in the collection and analysis of separation data. An SPD code of JKQ identifies that a Soldier was discharged because of misconduct due to commission of a serious offense.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his SPD code should be corrected.
2. While the applicant's separation authority and SPD code shown on his
DD Form 214 show that he was discharged because of misconduct due to desertion, the evidence of record clearly shows that he was discharged under the provisions of paragraph 14-12c of Army Regulation 635-200 for misconduct due to commission of a serious offense. As a result, it would be appropriate at this
time to correct the applicant's DD Form 214 to show that he was discharged under the provisions of paragraph 14-12c, Army Regulation 635-200, and to correct his SPD code from "JKF" to "JKQ."
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the applicant's DD Form 214 be corrected by:
a. deleting from item 25 of the applicant's DD Form 214 the entry
"AR 635-200, PARA 14-12C(1)" and replacing it with the entry "AR 635-200, PARA 14-12C; and
b. deleting from item 26 of the applicant's DD Form 214 the entry "JKF" and
replacing it with the entry "JKQ."
_______XXX_______________
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) AR20090001029
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ABCMR Record of Proceedings (cont) AR20090001029
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