IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100016558
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 the narrative reason for separation be removed from his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his narrative reason for separation affects his ability to get a good job.
3. The applicant provides:
* letter from the National Personnel Records Center, St. Louis, MO, dated 28 April 2010
* DA Forms 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice), dated 23 January 1980 and 28 April 1981
* DD Form 214
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 20 July 1979 and trained as a tactical satellite/microwave system operator.
3. On 23 January 1980, nonjudicial punishment (NJP) was imposed against the applicant for failure to go at the time prescribed to his appointed place of duty.
4. On 22 January 1981, NJP was imposed against the applicant for failure to go at the time prescribed to his appointed place of duty.
5. On 28 April 1981, NJP was imposed against the applicant for five specifications of failure to go at the time prescribed to his appointed place of duty.
6. On 15 May 1981, the applicant's unit commander initiated action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph13-4c(2), for unsuitability due to apathy.
7. On 15 May 1981, the applicant consulted with counsel, waived his rights, and elected not to submit a statement on his own behalf.
8. On 1 June 1981, the separation authority approved the recommendation for separation and directed the issuance of a general discharge.
9. Accordingly, the applicant was separated with a general discharge on 5 June 1981 under the provisions of Army Regulation 635-200, paragraph 13-4c(2), for unsuitability apathy, defective attitude or inability to expend effort constructively. He had a total of 1 year, 10 months, and 16 days of creditable active service.
10. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "Paragraph 13-4c(2) Army Regulation 635-200." Item 26 (Separation Code) of his DD Form 214 shows the entry "JMJ." Item 28 (Narrative Reason for Separation) of his DD Form 214 shows the entry "unsuitability apathy, defective attitude or inability to expend effort constructively."
11. On 1 October 1982, the Army Discharge Review Board denied the applicant's request to upgrade his discharge to honorable.
12. Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel for unfitness or unsuitability. Paragraph
13-4c provided for discharge due to unsuitability because of apathy, defective attitude or inability to expend effort constructively. The regulation stated that when separation for unsuitability was warranted, an honorable or general discharge was issued as warranted by his military record.
13. 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 states the reason for discharge based on separation code "JMJ" is "unsuitability apathy, defective attitude or inability to expend effort constructively" and the regulatory authority is Army Regulation 635-200, paragraph 13-4c.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants the narrative reason for separation removed from his DD Form 214 because it prevents him from getting a good job. However, a narrative reason for separation is not changed or removed for the purpose of obtaining employment opportunities.
2. The applicant's narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of his separation. As a result, there is no basis for granting the applicant's request.
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 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) AR20100016558
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ABCMR Record of Proceedings (cont) AR20100016558
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