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ARMY | BCMR | CY2013 | 20130018308
Original file (20130018308.txt) Auto-classification: Denied
 
	

		BOARD DATE:	  17 June 2014

		DOCKET NUMBER:  AR20130018308 


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, correction of item 13b (Type of Certificate Issued) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

	a.  the certificate of discharge code "256A" is incorrect.  According to the Veterans Benefit Manual this code is a homosexual code.  He is not homosexual and never has been.

	b.  he wanted to make the Army a career, but he was told he was not fit for the Army.  He wondered why he was given an honorable discharge if he was not fit for the Army. 

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 enlisted in the Regular Army on 7 December 1973 for a period of 3 years.  

3.  On 11 February 1974, he was notified of his pending discharge under the provisions of Department of the Army (DA) Message 011510Z, dated August 1973, Subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days.  His unit commander cited:

	a.  his inability to adapt a proper attitude toward supervisors had been proven by his lack of compliance to orders numerous times.

	b.  he was told not to leave the barracks at different times and he paid no attention to this.

	c.   he was given this instruction again on 8 February, but to no avail.

	d.  his attitude and non-compatibility would not be beneficial to him or the Army. 

4.  On 11 February 1974, he acknowledged notification of his proposed honorable discharge from the Army.  He did not desire to have counsel assist him in explaining the discharge procedures and he elected not to make a statement in his own behalf.

5.  On 12 February 1974, the separation authority approved the recommendation for separation and directed the issuance of an honorable discharge.

6.  On 20 February1974, he was discharged accordingly with an honorable discharge.  He completed 2 months and 14 days of creditable active service. 

7.  Item 13b of his DD Form 214 shows the entry "DD FORM 256A."

8.  DA Message DAPE-MPE, DTG 011510Z, August 1973 (Trainee Discharge Program), provided the authority for the discharge of enlistees before 180 days of active duty, and remained in effect through the publication of Interim Change 011735Z to Army Regulation 635-200 in December 1975.  It allowed for the 

discharge of RA enlistees prior to completion of training based on their inability to adapt; failure to meet training standards; failure to meet moral, mental, or physical standards; and possess a character and behavior disorder not compatible with continued service.  Members separated under these provisions received an honorable discharge.

9.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel ), in effect at the time, stated that discharge certificates were furnished to enlisted and inducted personnel when they were discharged.  The following are the five types of discharge certificates:

* DD Form 256A – Honorable
* DD Form 257A – General 
* DD Form 258A – Undesirable 
* DD Form 259A – Bad Conduct
* DD Form 260A – Dishonorable 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his discharge certificate code (256A) is incorrect because it is a homosexual code.

2.  Evidence shows he was discharged on 20 February 1974 under the Trainee Discharge Program and he was issued a DD Form 256A, which is an Honorable Discharge Certificate, not a homosexual code.  Therefore, there is insufficient evidence on which to base amending item 13b of his DD Form 214.

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)                                         AR20130018308





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ABCMR Record of Proceedings (cont)                                         AR20130018308



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