IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140000585
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 the authority for discharge and separation program designator (SPD) code on his DD Form 214 (Report of Separation from Active Duty) to entries connoting the medical reason for his separation.
2. He states he injured his back falling from crossbars during drills at Fort Dix, NJ, in July 1976. He underwent back surgery after his discharge.
3. He provides 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. On 2 June 1976, the applicant enlisted in the Regular Army. He did not complete initial entry training.
3. A memorandum, subject: Separation for Medical Reasons, dated 11 July 1976, shows he was to be discharged for medical reasons under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-9, with SPD code "JFT."
4. On 13 July 1976, Headquarters, U.S. Army Training Center and Fort Dix, Fort Dix, NJ, issued Orders 13-201 discharging him effective the date of the orders.
5. In conjunction with his discharge, he signed a memorandum, subject: Reason/Authority for Separation, in which he requested a copy of his DD Form 214 and declined:
* a separate document indicating the narrative reason for his separation from the Army
* a narrative description of the authority for his separation
* a narrative description of his reenlistment code
6. On 13 July 1976, he was honorably discharged as ordered after completing 1 month and 12 days of total active service. Item 9c (Authority and Reason) of his DD Form 214 shows the entry "AR 635-200 PARA 5-9 SPD JFT."
7. His Official Military Personnel File is void of documentation showing the condition that led to his discharge for medical reasons. His service medical records are not available for review.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. At the time, paragraph 5-9 provided for the discharge of an individual who did not meet procurement medical fitness standards when a disqualifying medical condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on active duty and the condition would have permanently disqualified the individual for entry into the military service had it been detected at that time.
9. Army Regulation 635-5-1 (Separation Program Designators), in effect at the time, listed the specific authorities regulatory, statutory, or other directive and reasons for separation from active duty, active duty for training, or full-time training duty. SPD code "JFT" applied to individuals discharged under the provisions of Army Regulation 635-200, paragraph 5-9. The narrative reason associated with this discharge authority was "Failure to meet established physical standards (no disability)."
10. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The regulation stated for item 9c to enter the statutory and/or regulatory authority for separation plus the SPD taken from Army Regulation 635-5-1. It specified that the narrative reason for separation was not to be shown on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The authority for discharge and the SPD code entered on the applicant's DD Form 214 show that he was discharged due to a medical condition that would have permanently disqualified him for entry into the military service had it been detected when he enlisted.
2. There is no evidence of error in the authority for discharge and the SPD code entered on his DD Form 214, and both entries connote that he was discharged for medical reasons. There is no basis for changing either item.
3. It appears that he may be dissatisfied with the absence of a narrative description of the reason for his discharge on his DD Form 214; however, at the time the regulation specifically prohibited entering a narrative reason for separation on the DD Form 214.
4. He is advised that he may use these Proceedings as evidence of the narrative reason for discharge denoted by the authority and SPD code entered on 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) AR20140000585
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ABCMR Record of Proceedings (cont) AR20140000585
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