IN THE CASE OF:	  

		BOARD DATE:	    7 October 2014

		DOCKET NUMBER:  AR20140002441 


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 his narrative reason for separation.

2.  The applicant states:

* he was separated from the military because of a frostbite injury to his left hand which he incurred before he joined the Army
* he feels his narrative reason is not fair and is incorrect
* he always maintained his military requirements
* his separation was due to an error by the in-processing unit
* they should have discovered his left hand condition

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 25 September 1979 for a period of 3 years.  He completed his training and was awarded military occupational specialty 64C (motor transport operator).

3.  On 14 February 1980, he was notified of initiation action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-25.  The reason for the proposed action was his failure to meet medical procurement standards upon his enlistment under the provisions of Army Regulation 40-501 (Standards of Medical Fitness).

4.  On 15 February 1980, he acknowledged notification of his proposed discharge, voluntarily consented to separation, and elected not to make a statement on his behalf.

5.  On 16 February 1980, the separation authority approved the recommendation for separation and directed the issuance of an Honorable Discharge Certificate.

6.  He was discharged on 27 February 1980.  He completed a total of 5 months and 3 days of total active service.

7.  His DD Form 214 shows in:

* item 25 (Separation Authority) – Army Regulation 635-200, paragraph 
5-31
* item 26 (Separation Code) – JGH
* item 28 (Narrative Reason for Separation) – Failure to Maintain Acceptable Standards for Retention (Expeditious Discharge Program (EDP))

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 5-7 (Separation of Personnel Who Did Not Meet Procurement Medical Fitness Standards), in effect at the time, provided that members who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment would be separated when medical proceedings, regardless of the date completed, established that a medical condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on active duty or active duty for training.

	b.  Paragraph 5-25 provides for separation for erroneous enlistment/extension.

	c.  Paragraph 5-31 (EDP), in effect at the time, provided that members who completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who had demonstrated that they could not or would not meet acceptable standards required of enlisted personnel because of poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential could be discharged.  It provided for the expeditious elimination of substandard, nonproductive Soldiers before board or punitive action became necessary.

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes), in effect at the time, provided 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 stated the SPD code of:

	a.  JGH was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-31, by reason of EDP (failure to maintain acceptable standards for retention).

	b.  JFT was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-7, for discharge of personnel who did not meet procurement medical fitness standards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his narrative reason for separation is incorrect appears to have merit.

2.  The evidence shows he was discharged for failing to meet medical procurement standards upon his enlistment, not failing to maintain acceptable standards for retention under the EDP.  Soldiers separated under the EDP must have completed at least 6 months of active service and he only completed 5 months and 3 days.  Therefore, it would be appropriate to correct items 25, 26, and 28 of his DD Form 214 to show he was discharged under the provisions of Army Regulation 635-200, paragraph 5-7, for failure to meet procurement medical fitness standards with separation code JFT.



BOARD VOTE:

____X____  ___X_____  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  deleting the current entry in item 25 of his DD Form 214 and replacing it with the entry "Army Regulation 635-200, paragraph 5-7";

	b.  deleting the current entry in item 26 of his DD Form 214 and replacing it with the entry "JFT"; and

	c.  deleting the current entry in item 28 of his DD Form 214 and replacing it with the entry "Failure To Meet Procurement Medical Fitness Standards."



      _____________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)                                         AR20140002441



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ABCMR Record of Proceedings (cont)                                         AR20140002441



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