IN THE CASE OF:	  

		BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120005207 


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, in effect, change of the separation authority, separation code, reason for separation, and reentry eligibility (RE) code listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he was wrongly accused of doing drugs and he was told he would have to be reclassified and be a cook, which he refused to do.

3.  The applicant provides his DD Form 214 and Veterans Identification Card (VIC) National Card Management Directory information sheet in support of his request.

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 record was not provided for review by the Board and the applicant failed to provide any supporting documents containing the facts and circumstances surrounding his separation processing.  This case is being considered using the DD Form 214 provided by the applicant that identifies the authority and reason for his discharge.

3.  The DD Form 214 shows the applicant enlisted in the Regular Army (RA) on
22 January 1980.  He was trained in and held military occupational specialty (MOS) 16B (Hercules Missile Crewman).

4.  The DD Form 214 also shows he was honorably discharged on 26 June 1981, in the rank/grade of private (PV2)/E-2, after completing 1 year, 5 months, and
5 days of creditable active service.  The DD Form 214 shows he was separated under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-31 (Expeditious Discharge Program (EDP)), by reason of failure to maintain acceptable standards for retention (EDP).  It further shows that based on the authority and narrative reason for his separation he was assigned a separation program designator (SPD) code of JGH and an RE code of 3.

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-31, in effect at the time, provided the policy and outlined the procedures for separating individuals under the EDP.  The EDP provided for the separation of Soldiers who demonstrated that they could not or would not meet acceptable standards required of enlisted personnel.  An honorable or a general discharge could be issued under this program.

6.  Army Regulation 635-5-1 (SPD Codes) provides 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 states that the SPD code JGH is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-31, by reason of EPD (Failure to maintain acceptable standards for retention).  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JGH.

7.  Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change the authority and reason for his discharge and his SPD and RE codes has been carefully considered.  The applicant's record was not made available to the Board and a separation packet containing the specific facts and circumstances surrounding his discharge processing were not provided to the Board.  However, the applicant provided a copy of his
DD Form 214 that identifies the authority and reason for his separation.  This document shows the applicant was separated under the provisions of Army Regulation 635-200, paragraph 5-31, by reason failure to maintain acceptable standards for retention (EDP), and he was accordingly assigned SPD code JGH and the corresponding RE code of 3.

2.  Absent evidence to the contrary, there is a presumption of regularity attached to the DD Form 214.  Therefore, it is presumed the applicant's discharge processing was accomplished in accordance with the applicable regulation in effect at the time.  All requirements of law and regulation were met and the applicant's rights were protected throughout the separation process.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 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)                                         AR20120005207



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120005207



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1