IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100020131
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 removal of the separation program number (SPN) from his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states he was very immature and was not given the time to adjust. He further states they had him waive all his benefits and sent him home.
3. The applicant provided no additional evidence.
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's records show he was inducted into the Army of the United States on 13 October 1966 and he was assigned to Fort Hood, TX.
3. On or about 5 November 1966, he was notified by his immediate commander that he was being recommended for discharge under the provisions of Army Regulation 635-212 (Personnel Separations Discharge Unfitness and Unsuitability), paragraph 6b, for unsuitability.
4. On 5 November 1966, he acknowledged receipt of notification of his proposed discharge from the Army. He consulted with legal counsel and he was advised of the basis for the contemplated separation from the Army, the effect on future enlistment in the Army, the possible effects of a general discharge, and of the procedures and rights that were available to him. He further acknowledged he understood if he were issued a general under honorable conditions discharge, he could expect to encounter prejudice in civilian life. He waived consideration of his case before a board of officers and declined to submit a statement on his own behalf.
5. On 6 November 1966, his immediate commander recommended his separation under the provisions of Army Regulation 635-212, paragraph 6b, for unsuitability and recommended he receive a general discharge. The commander stated the applicant had been a member of the unit for 16 days and had been hospitalized for 9 of those days for extreme anxiety. He further stated the applicant had been extremely inefficient and unable to carry out basic orders when he was on duty and became excessively nervous and unable to function as a trainee whenever he was put under stress.
6. On 10 November 1966, the separation authority approved his discharge under the provisions of Army Regulation 635-212, paragraph 6b, for unsuitability and directed issuance of a General Discharge Certificate. On 2 December 1966, he was discharge accordingly.
7. The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-212, with an SPN of 264 and a general under honorable conditions characterization of service. He completed a total of 1 month and 20 days of creditable active service.
8. On 6 June 1977, the Army Discharge Review Board considered his request under the Special Discharge Review Program (SDRP) and directed his general under honorable conditions discharge be upgraded to honorable effective 2 December 1966. Accordingly, he was reissued a DD Form 214 that shows he was separated with an honorable discharge.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, stated that SPN codes, which are three-digit numeric combinations which identify reasons for and types of separation from active duty, would be placed on the DD Form 214. The SPN of 264 is the correct code for Soldiers discharged under the provisions of Army Regulation 635-212, paragraph 6b, for unsuitability.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was discharged under the provisions of Army Regulation 635-212, paragraph 6b, for unsuitability. He was assigned the corresponding and appropriate SPN of 264. Therefore, he is not entitled to the requested relief.
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) AR20100020131
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ABCMR Record of Proceedings (cont) AR20100020131
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