IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20110024544
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 APPLICANTS REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests removal of the entry SEC (Section) VIII CHAP (Chapter ) 5 from item 11c (Reason and Authority) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states at the time of his separation, he was never informed of the meaning of SEC VIII CHAP 5 or why it was assigned to him. He claims that during the discharge process, he was never consulted and as a result, he had no recourse and feels the entry is unjust or in error.
3. The applicant provides his DD Form 214 and discharge letter orders.
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. He enlisted in the U.S. Army Reserve (USAR) on 18 October 1966 and was ordered to active duty on 13 May 1968 for a period of 24 months.
3. The applicants record contains a Letter of Readmission to Kearney State College, Kearney, Nebraska, dated 14 May 1969. This document shows he was accepted as a fulltime student and classes were scheduled to convene on 11 August 1969.
4. A DA Form 2496 (Disposition Form), subject: Early Separation to Attend School, shows he requested an early release to attend school under the provisions of chapter 5, section VIII, Army Regulation 635-200 (Enlisted Separations). He also requested adjustment of his expiration of term of service (ETS) date from 6 October 1969 to 28 July 1969. The applicant signed this form on 19 May 1969.
5. His records show his entire chain of command supported his request and on 24 May 1969 his ETS date was adjusted to reflect 29 July 1969.
6. He was released from active duty on 25 July 1969 and transferred to the USAR Control Group (Reinforcement) for completion of his Reserve obligation. He completed 1 year, 2 months, and 12 days of active duty service and 1 year, 6 months, and 24 days of prior USAR service. Item 11c of the DD Form 214 he provided shows the entry SEC VIII CHAP 5 AR (Army Regulation) 635-200 SPN (Separation Program Number) 413 SCHOOL RELEASE.
7. Army Regulation 635-200, in effect at the time, provided the authority and general provisions governing the separation of enlisted personnel prior to ETS. Chapter 5, section VIII, prescribed the guidance for early separation of enlisted personnel to attend school or to accept teaching positions.
8. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicants discharge, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPN codes to be entered on the DD Form 214.
a. The SPN code of 413 was the appropriate code to assign Soldiers separated under the provisions of chapter 5, section VIII, Army Regulation
635-200, to enter or return to a college, university, or equivalent educational institution.
b. The information entered in item 11c contained the appropriate regulation or directive authorizing separation followed by the SPN and descriptive reason for discharge or transfer.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was never informed of the reason and authority for his discharge is not supported by the available evidence.
2. On 19 May 1969, he voluntarily completed a request for early release from the Army in order to reenter Kearney State College on 11 August 1969. The request lists chapter 5, section VIII, Army Regulation 635-200, as the regulatory provision for making such a request.
3. The entry SEC VIII CHAP 5 contained in item 11c of his DD Form 214 was obtained from Army Regulation 635-200 and other directives authorizing this type of separation. As a result, there is no error or injustice.
4. In view of the foregoing, 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) AR20110024544
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ABCMR Record of Proceedings (cont) AR20110024544
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