IN THE CASE OF:
BOARD DATE: 3 December 2009
DOCKET NUMBER: AR20090011682
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 the Separation Program Number (SPN)/ Separation Program Designator (SPD) code be removed from his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states, in effect, that SPN/SPD codes are unlawful and should be removed from his DD Form 214.
3. The applicant provides no documentary evidence 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 record shows that he enlisted in the Regular Army and entered active duty on 25 February 1971. He was trained in and awarded military occupational specialty (MOS) 62D (Asphalt Equipment Operator).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was promoted to specialist four (SP4), on 31 October 1971, and this is the highest rank he attained while serving on active duty. It shows he was reduced to private first class (PFC) on 13 September 1973, and this is the rank he held on the date of his release from active duty (REFRAD). It also shows he served in the Republic of Vietnam (RVN) from 19 July 1971 through 1 May 1972 and that he earned the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and
1 Overseas Service Bar during his active duty tenure.
4. On 22 February 1974, the applicant was honorably REFRAD. The DD Form 214 he was issued shows, in item 9c (Authority and Reason), that he was separated under the provisions of paragraph 2-18, Army Regulation 635-200 and he was assigned an SPD code of 201 (expiration of term of service).
5. Army Regulation 635-5 (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 in effect at the time of the applicant's REFRAD stated to enter the statutory and/or regulatory authority for separation plus the SPD code in item 9c of the DD Form 214.
6. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The version of the regulation in effect at the time stated, in pertinent part, that the SPD code of 201 was the appropriate code to assign Soldiers separated under the provisions of chapter 2, Army Regulation 635-200, by reason of expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the SPN/SPD code should be removed from his DD Form 214 because it is unlawful has been carefully considered. However, there is insufficient evidence to support this claim.
2. 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.
3. Current regulatory guidance still provides for entering SPD codes on the
DD Form 214 to identify the authority and reason for discharge. 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 conclusion that the addition of SPN/SPD codes to the DD Form 214 has ever been or is at the present time unlawful. As a result, there is an insufficient evidentiary basis to support granting the requested relief.
4. 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) AR20090011682
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090011682
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100023627
It also contains separation orders issued by the United States Army Personnel Center, Fort Lewis, Washington on 30 June 1971 that lists his MOS as 71F in the standard name line. The DD Form 214 he was issued at the time shows he held MOS 71F on the date of separation. Given the applicant was properly awarded and held PMOS 71F on the date of his REFRAD it would not be appropriate to revoke this MOS or delete all references to it from the record and DD Form 214 as requested by the applicant.
ARMY | BCMR | CY2011 | 20110022693
The applicant requests upgrade of his general discharge to an honorable discharge. He further states the CIB was on page 21 of the Form OSA 172 (Discharge Review). On 8 December 1976, the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge so he could reenter military service.
ARMY | BCMR | CY2008 | 20080002196
The DD Form 214 issued to him on the date of his separation confirms he was REFRAD under the provisions of Army Regulation 635-200, by reason of Expiration Term of Service (ETS) and that he was assigned SPN 201. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Absent any evidence showing the applicant was recommended or awarded the CIB by proper authority while serving on active duty, or that confirms his assignment to and personal participation with a...
ARMY | BCMR | CY2012 | 20120005490
The applicant requests, in effect, reissuance of a DD Form 214 (Report of Separation from Active Duty) showing: * she held the rank/grade of specialist four (SP4)/E-4 * no entry in item 9c (Authority and Reason) 2. She states the entry in item 9c of her DD Form 214 should be removed because it did not appear on her original DD Form 214. Her record contains a Standard Form (SF) 180 (Request Pertaining to Military Records), dated 31 January 1979, that shows she requested copies of documents...
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 | CY2008 | 20080007621
The applicant requests that his DD Form 214 (Report of Separation from Active Duty), with an effective date of 24 June 1974, be corrected to show award of the Purple Heart and the authority and reason for discharge. However, the DD Form 214 contained in the applicant's official military record shows that he was retired under the provisions of Title 10, U.S. Code, Section 1202 [due to a physical disability temporary] and assigned a Separation Designator Code (SPD) 270. The evidence of...
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 | CY2013 | 20130007175
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. His DD Form 214 issued at the time of his REFRAD shows he was assigned an SPN of 211 which is a separation code for Unsanitary Habits. However, his separation orders indicate that his SPN was 411 which is the separation code for overseas returnees. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2009 | 20090003970
Application for correction of military records (with supporting documents provided, if any). Further, although the applicant's request did not specifically include RVN awards, given it does request confirming of his RVN service it would also be appropriate to add the following awards he is eligible for based on his RVN service and campaign participation to item 26 of his DD Form 214: Vietnam Service Medal with 1 bronze service star, RVN Gallantry Cross with Palm Unit Citation and MUC. As a...
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...