IN THE CASE OF:	  

		BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140009772 


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 military occupational specialty (MOS) 09B (Trainee) be removed from his DD Form 214 (Report of Separation from Active Duty) with an effective date of 25 April 1975.  He requests his enlistment be changed to 99 days with 5 days of leave.

2.  The applicant states he completed basic combat training (BCT) and he was on active duty for a short time.  He was waiting for his MOS school to open up and he was performing duties as assigned by his commander.  He had been unable to reach his wife and child and his mother was in the hospital.  He asked for leave to go home, but his commander gave him an honorable discharge based on hardship.

3.  The applicant provides:

* his DD Form 214
* his Honorable Discharge Certificate
* a statement, dated 25 August 1987, of medical disqualification

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 17 January 1975, he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP).  On 3 March 1975, he enlisted in the Regular Army (RA) and was assigned MOS 09B.  He enlisted for advanced individual training (AIT) in MOS 12B (Combat Engineer).  He completed BCT; however, he did not complete AIT.

3.  On 11 April 1975, he was given a mental hygiene evaluation by a major, Medical Corps.  The examiner recommended he be discharged and suspended from training pending discharge.

	a.  The examiner determined he was capable of distinguishing right from wrong and adhering to the right.  He was responsible for his actions and possessed the mental and emotional capacity to understand and participate in board and other legal proceedings.  

	b.  The examiner noted the applicant was tense, anxious, and depressed.  He had a temper and felt he was close to losing control.  He had aggressive impulses including an urge to throw someone out a window.  He had impulses to hurt himself but denied suicidal intent.  The examiner felt suicidal and homicidal risk was acceptably low if he was placed in a low pressure situation.  He had a negative attitude and it was clear he would be unable to adjust to training.  

4.  On 17 April 1975, the applicant was notified by his commander that action was being initiated to discharge him from the Army under the provisions of Department of the Army (DA) Message DAPE-MPE-PS, date/time group of 011510Z, August 1973 (Trainee Discharge Program).  The reason for the action was his lacking the mental and emotional qualities required to become an effective Soldier in the Army.

5.  The commander also advised the applicant of his right to: 

* consult with an officer of the Judge Advocate General's Corps prior to completing his acknowledgements
* submit a statement in his own behalf
* request a separation physical 

6.  On 17 April 1975, the applicant waived his rights and indicated he understood that due to his not completing his requisite active duty time, Veterans Administration (VA) and other benefits normally associated with completion of honorable active duty service would be affected.

7.  On 21 April 1975, the separation authority approved his discharge.  

8.  On 25 April 1975, he was discharged under the provisions of DA Message DAPE-MPE-PS, date/time group of 011510Z, August 1973 (Trainee Discharge Program).  His DD Form 214 shows he had 1 month and 16 days in the DEP and he completed 1 month and 23 days of active service that was characterized as honorable.  His DD Form 214 shows he held MOS 09B.  

9.  MOS 09B was assigned as the primary MOS for non-prior service Soldiers who had not completed BCT and AIT.

10.  DA Message DAPE-MPE-PS, date/time group of 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 character and behavior disorder not compatible with continued service.  Members separated under these provisions received an honorable discharge.  

11.  Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation), then in effect, defined MOS as a broad identification system used to identify the skills required by a group of duty positions which are so closely related that an individual qualified to perform in one of these positions can, with adequate on-the-job training perform satisfactorily in any of the others that are of the same level of complexity or difficulty.  An MOS code is used to identify MOS, skill level, and special qualifications.

 DISCUSSION AND CONCLUSIONS:

1.  He was assigned MOS 09B upon enlistment in the RA.  He never completed AIT.  Therefore, an MOS other than 09B was not awarded to him.  Therefore, the MOS on his DD Form 214 is correct.

2.  There is no evidence he completed more than 1 month and 23 days of active service.  Therefore, the active service shown on his DD Form 214 is correct.
3.  In view of the above, there is no basis on which to grant relief in this case.

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)                                         AR20140009772



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ABCMR Record of Proceedings (cont)                                         AR20140009772



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