IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110014460
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 September 1995, by amending item 26 (Separation Code) to show JET instead of JGA.
2. She states she was not discharged for pregnancy. She requested discharge because her husband wanted her to get out of the Army. She wants to retain her current characterization of service, but would like item 26 amended.
3. She provides a copy of her 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 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. She enlisted in the Regular Army on 13 July 1995.
3. The applicants separation packet was not available for review.
4. Orders 248-00208, U.S. Army Chemical and Military Police Centers and Fort McClellan, dated 5 September 1995, show she was assigned to Company C, 787th Military Police Battalion, Fort McClellan, AL for initial entry training. This order also shows she was reassigned to the U.S. Army Transition Point for separation processing with a reporting date of 8 September 1995.
5. Accordingly, she was discharged on 8 September 1995. Her DD Form 214 for this period shows the following entries:
* Item 24 (Character of Service) Uncharacterized
* Item 25 (Separation Authority) AR 635-200 (Army Regulation 635-200 (Enlisted Personnel Personnel Separations)), Chapter 11
* Item 26 JGA
* Item 28 (Narrative Reason for Separation) Entry Level Performance and Conduct
6. Army Regulation 635-200, in effect at the time, set policies, standards, and procedures for separation of enlisted personnel. Chapter 11 of this regulation set policy and provided guidance for the separation of Soldiers because of unsatisfactory performance. Separation of a Soldier in entry level status may have been warranted on the grounds of unsatisfactory performance and/or unsatisfactory conduct as evidenced by inability, lack of reasonable effort, failure to adapt to the military environment, and/or minor disciplinary infractions. This policy applied to Soldiers who enlisted in the Regular Army, who were in entry-level status, and before the date of the initiation of separation action, had completed no more than 180 days of creditable continuous active duty, and had demonstrated that they were not qualified for retention. The Soldier's service would be described as uncharacterized.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), dated 13 August 1993, in effect at the time, provided 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. It stated that the SPD code JGA was assigned to Soldiers separated under the provisions of chapter 11, Army Regulation 635-200, by reason of entry level performance and conduct. The SPD code of JET is not listed in this regulation.
DISCUSSION AND CONCLUSIONS:
1. The SPD code JGA was assigned to Soldiers separated by reason of entry level performance and conduct.
2. The SPD code JET was not listed in Army Regulation 635-5-1, in effect at the time of her discharge.
3. Therefore, the SPD code shown in Item 26 of the applicant's DD Form 214, dated 8 September 1995, is correct.
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) AR20110014460
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ABCMR Record of Proceedings (cont) AR20110014460
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