IN THE CASE OF:	  

		BOARD DATE:	  17 March 2015

		DOCKET NUMBER:  AR20140013591 


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 separation program designator code (SPD) shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states the SPD code shows she was pregnant; however, she was not.  She fractured her femur during basic training and was given the option of 3 months of convalescent leave or discharge.  There are no medical or other records in support of her separation by reason of pregnancy.

3.  The applicant provides her 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 29 September 1983.

3.  Her medical records contain a Standard Form 513 (Medical Record – Consultation Sheet) which shows she complained of numbness in both legs and pain in her coccyx on 25 October 1983.  She reported no previous history of backaches, trauma, or injury.  The treating physician noted her gait and range of motion were within normal limits, her coccyx showed no obvious deformity, and her sacroiliac joint appeared stable.

4.  Her medical records contain a Standard Form 513 which shows she complained of right hip pain on 2 November 1983.  The images from a bone scan showed a focal area of increased osteoblastic (any region of increased radiographic bone density) activity involving the proximal shaft of her right femur.  No other area of osteoblastic activity was noted.  The physician concluded the abnormal bone scan would be consistent with a stress reaction in that area.

5.  A DA Form 4856-R (General Counseling Form), dated 2 February 1984, shows the applicant was counseled regarding her request for discharge under the Trainee Discharge Program (TDP).  She stated that being in the Army placed a great strain on her social and mental capabilities.  She couldn't concentrate on anything and was very depressed.  Her noncommissioned officer in charge (NCOIC) asked her to give the company a chance to show her that she could make it in the Army.  She wanted to quit without beginning military occupational specialty training.  The NCOIC recommended further counseling by the first sergeant.

6.  On 9 February 1984, she was evaluated by the Fort Gordon Community Mental Health Activity (CMHA) per command direction.  The clinical psychologist determined there was no mental disease, disorder, or defect which warranted disposition through medical channels.  She was able to distinguish right from wrong and adhere to the right.  She was responsible for her own actions.  The clinical psychologist opined that the applicant was experiencing an adjustment reaction to military life.  She did not possess the essential character strengths to be a continuously productive Soldier.  Her history included extensive poly-drug abuse, a previous suicide gesture, and a previous psychiatric consultation.  It was unlikely that continued efforts of rehabilitation, transfer, or disciplinary action would be of any value.  The clinical psychologist recommended her consideration for administrative separation.

7.  A DA Form 4856-R, dated 14 February 1984, shows the applicant was again counseled by her NCOIC regarding her request for discharge under the TDP.  She again stated that being in the Army placed a great strain on her social and mental capabilities.  She had been evaluated by the CMHA.  Her past history included extensive drug abuse due to the fact that she had apparently been raped prior to entering military service.  The evaluating clinical psychologist recommended her administrative separation.  He felt she would never be a productive Soldier.

8.  A DA Form 4856-R, dated 23 February 1984, shows the applicant was counseled by her company commander regarding her emotional problems and her available options on post to assist in dealing with personal emotional problems.  She was advised of what a TDP separation would offer her and that it was not the solution to all of her troubles.  She insisted that the only way to solve her problems was to get out of the military.  She had problems prior to entering the Army and found they only got worse.

9.  On 23 February 1984, action was initiated to release her from active duty by reason of entry-level status and conduct under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11.  Her company commander stated the specific reasons for the proposed action as:

* she could not or would not adapt socially or emotionally to military life
* she demonstrated character and behavior characteristics not compatible with satisfactory continued service

10.  On 23 February 1984, she acknowledged notification of the proposed entry-level separation.  She understood she would not be able to enlist/reenlist in the U.S. Army without obtaining a waiver.  She indicated she did not desire to make a statement in her own behalf, she did not desire to have a separation medical examination if the proposed action were approved, and she did not desire to consult with counsel.

11.  A DA Form 4856-R, dated 24 February 1984, shows her battalion commander interviewed her and stated she disliked the Army and felt it was too demanding of her.  She had emotional problems and problems at home which she felt she could correct by being out of the Army.

12.  On 1 March 1984, her battalion commander approved her discharge under the provisions of Army Regulation 635-200, chapter 11, and directed the issuance of an entry-level separation (uncharacterized) and assignment of SPD code JGA.

13.  She was discharged by reason of entry-level status performance and conduct.  Her DD Form 214 shows:



* her character of service as entry-level status
* the separation authority as Army Regulation 635-200, paragraph 11-3a
* her separation code as JGA
* her narrative reason for separation as entry-level status performance and conduct

14.  Her medical records do not contain evidence showing she was diagnosed with or treated for a fractured femur.  Her medical records also do not contain evidence of pregnancy.

15.  Army Regulation 635-200, chapter 11 in effect at the time, provided guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status.  Paragraph 11-3a stated the policy applied to members who demonstrated they were not qualified for retention for one of the following conditions:

	a.  cannot or will not adapt socially or emotionally to military life;

	b.  cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline;

	c.  have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or

	d.  have failed to meet body fat standards after application of the procedures specified in Army Regulation 600-9 (The Army Weight Control Program).

16.  Army Regulation 635-200, in effect at the time, defined entry-level status as the first 180 days of continuous active military service.  For members of the Regular Component who have not completed 180 days of continuous active military service and terminated 180 days after beginning an initial period of 
entry-level active duty training.  For purposes of characterization of service or description of separation, the member's status is determined by the date of notification to the member as to the initiation of separation proceedings.

17.  Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time, prescribed the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The appendix showed SPD code JGA applied to individuals separated under the provisions of Army Regulation 635-200, 


paragraph 11-3a or b, by reason of entry-level status performance and conduct or entry-level status performance – pregnancy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show she was issued an entry-level separation (uncharacterized) under the provisions of Army Regulation 635-200, paragraph 11-3a, and assigned SPD code JGA.

2.  SPD code JGA, in effect at the time, applied to individuals separated under the provisions of Army Regulation 635-200, paragraph 11-3a or b, by reason of entry-level status performance and conduct or entry-level status performance – pregnancy.

3.  The SPD code shown on her DD Form 214 was properly recorded in conformance with applicable regulations at the time of her separation.  Therefore, there is no basis for granting the requested relief.

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 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)                                         AR20140013591



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ABCMR Record of Proceedings (cont)                                         AR20140013591



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