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ARMY | BCMR | CY2013 | 20130007175
Original file (20130007175.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    5 December 2013

		DOCKET NUMBER:  AR20130007175 


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 the removal of “SPN 211” from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that the “SPN 211” designation on his DD Form 214 was the result of an unfair and personal smear.

3.  The applicant provides a copy of his 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 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 was inducted into the Army of the United States on 1 November 1965.  He completed basic training at Fort Dix, New Jersey and advanced individual training as a power generation equipment operator and mechanic at Fort Belvoir, Virginia before being transferred to Thailand on 1 January 1967.

3.  He was retained in service for the convenience of the government for 54 days.  He departed Thailand on 23 December 1967 and he was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 24 December 1967.  He had served 2 years, 1 month and 24 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was assigned an SPN of “211” which is a separation code for “Unsanitary Habits.”  However, his separation orders indicate that his SPN was “411” which is the separation code for overseas returnees.

4.  A review of his official records failed to reveal any evidence to suggest that the applicant was to be or should have been separated with an SPN of “211.”

5.  Army Regulation 635-5-1 (SPD Codes) states that SPD codes are three-character alphabetic combinations that identify reasons for and types of separation from active duty.  The SPD code of "411" was the correct code for Soldiers separating upon return from overseas.  The SPD code of "211" was the  code for Soldiers who were being separated due to unsanitary habits. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his separation code of “211” should be removed from his DD Form 214 has been noted and appears to have merit.

2.  The applicant’s separation orders clearly show his SPN was “411” and that he was being discharged as an overseas returnee.  However, it appears that a typing error resulted in the wrong SPN being entered on his DD Form 214. 

3.  In view of the foregoing, there is a sufficient evidentiary basis for granting the applicant's requested relief.









BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the entry “SPN 211 DETERMINED BY DA” from item 11c (Reason and Authority) of his DD Form 214
* Entering the entry “SPN 411” in item 11c of his DD Form 214 




      _______ _ 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)                                         AR20130007175



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ABCMR Record of Proceedings (cont)                                         AR20130007175



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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