IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110021811
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 item 26 (Separation Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect "JHK" instead of "JHJ."
2. He states the separation code of "JHJ" is a typographical error and that his separation code should be "JHK" which is for unsuitability, substandard performance. He wanted to be trained in and serve in the military occupational specialty (MOS) of 11B (Infantryman) or 31B (Military Police). He failed 35F (Intelligence Analyst) training and was relieved from the course. He was informed there was no other MOS available for which he could train and was subsequently discharged. He is now attempting to enlist in the Pennsylvania Army National Guard in either MOS 11B or 31B.
3. He provides:
* his DD Form 214
* a letter of recommendation
* a Certificate of Achievement
* his DA Form 705 (Army Physical Fitness Test Scorecard)
CONSIDERATION OF EVIDENCE:
1. He enlisted in the Regular Army on 4 October 2010. He did not successfully complete initial entry training and was not awarded an MOS. The highest rank/grade he held was private first class/E-3.
2. On 12 May 2011, his administrative separation action under the provisions of Army Regulation 635-200, chapter 13, was reviewed and determined to be legally sufficient.
3. On 13 May 2011, his commander notified him that he was initiating action to separate him from the U.S. Army under the provisions of chapter 13, Army Regulation 635-200. The reasons for the proposed action were: the applicant was academically relieved and was not able to go into a different MOS. He was advised of his rights.
4. On 13 May 2011, he acknowledged receipt of the notification from his commander that informed him of the basis for the contemplated action to separate him under Army Regulation 635-200, chapter 13, and of the rights available to him. He had been advised of his right to consult with counsel prior to submitting his Election of Rights.
5. On 13 May 2011, he was afforded the opportunity but waived his right to counsel concerning the election of his rights for the proposed administrative discharge.
6. On 13 May 2011, the separation authority directed the applicant be discharged under the provisions of Army Regulation 635-200, chapter 13. He further directed the applicant be given an honorable discharge.
7. His DD Form 214 shows that on 23 May 2011 he was discharged, with an honorable characterization of service, in pay grade E-3, under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. He was given a separation code of JHJ. His DD Form 214 shows he completed 7 months and 20 days of active service.
8. He provided a positive letter of recommendation from his platoon sergeant, a Certificate of Achievement for being selected as the Soldier of the cycle, and his DA Form 705 reflecting outstanding physical fitness test results.
9. Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13 of this regulation states a Soldier may be separated per this chapter when it is determined that he/she is unqualified for further military service because of unsatisfactory performance. It further states commanders will separate a Soldier for
unsatisfactory performance when it is clearly established that in the commanders judgment, the Soldier will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.
10. Army Regulation 635-5-1 (Separation Program Designator Codes (SPD)) states the reason for discharge based on separation code JHJ is unsatisfactory performance of enlisted personnel. It further states the reason for discharge based on separation code JHK is substandard performance of officer personnel.
DISCUSSION AND CONCLUSIONS:
1. His contention that his separation code of JHJ was a typographical error and should be JHK is noted. However, separation code JHK is used only for officer personnel. Further, evidence shows he was properly discharged for unsatisfactory performance in accordance with Army Regulation 635-200, chapter 13, after being academically relieved from 35F MOS training.
2. His platoon sergeant's letter of recommendation, his selection as the Soldier of the cycle, and his excellent physical fitness test results are noted. However, in view of the fact he was involuntarily discharged under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance, for being academically relieved from his 35F MOS training and not being able to go into a different MOS his separation code was and still is appropriate. As such, there is no evidence of an error in assignment of his separation code.
3. In view of the foregoing, 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 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) AR20110021811
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ABCMR Record of Proceedings (cont) AR20110021811
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