MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 November 2001   
	DOCKET NUMBER:   AR2001061307

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. John P. Infante		Member	
	Mr. William D. Powers		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Removal of the entry in item 9c (Authority and Reason) from copy number 2 of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 23 October 1976.  

APPLICANT STATES:  That certain copies of his DD Form 214 show “AR [Army Regulation] 635-200 Chap [Chapter] 16 SPD [Separation Program Designator] JPB” in item 9c.  He contends that the DD Form 214 he signed makes no reference of such a regulation.  He also contends that the copy citing the regulation has prevented him over the years from obtaining employment in the Federal sector.  In support of his application, he submits two copies of a DD Form 214 with an effective date of 23 October 1976.  One copy contains dashed lines in items 9c and 10 (Reenlistment Code).  The other copy contains entries in items 9c and 10.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted on 5 January 1968 for a period of 3 years.  He served as a tank commander in Vietnam from 23 May 1970 through 21 April 1971 and was honorably released on 22 April 1971 and transferred to the U.S. Army Reserve.  He entered active duty again on 1 February 1973 and served as a ground surveillance radar crewman.  On 23 October 1976, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 16, for personal drug abuse.  

At the time of the applicant’s separation, he indicated on Headquarters U.S. Army Training Center and Fort Dix [New Jersey] Letter, Subject:  Reason/Authority for Separation his request to receive a copy of his DD Form 214.  In this letter, he declined copies of his DD Form 214 showing the reason and authority for his separation as well as his reenlistment code.

The applicant’s records contain copy number 2 of the DD Form 214 with an effective date of 23 October 1976 which is completed in its entirety.  His records also contain copy number 4 of his DD Form 214 with an effective date of 
23 October 1976 wherein items 9c and 10 contain dashed lines. 

The applicant provided two DD Forms 214 in support of his claim.  One copy is unnumbered and shows dashed lines in items 9c and 10.  The other copy provided, which is copy number 2 of his DD Form 214, is completed in its entirety.      

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs, in pertinent part, that the regulatory authority authorizing the separation plus the separation program designator (SPD), as shown in Army Regulation 635-5-1, will be entered in item number 9c.  The regulation also states that an entry is required in all items of the DD Form 214.  The regulation further states that copy number 2 of the DD Form 214, completely filled out, will be retained in the applicant’s military personnel records jacket.

U.S. Army Military Personnel Center message, date/time/group 021400Z June 1975, (Subject: Preparation of DD Forms 214 and 215) stated that the regulatory/statutory authority for separation, separation designator codes, and reenlistment codes are not entered on copies of DD Forms 214 furnished to the individual and to agencies outside the Department of Defense.  An interim change to Army Regulation 635-5 (Separation Documents), dated 2 September 1975, required that copy number 1 and copy number 8 of the DD Form 214 will be furnished to the individual only if requested in writing and that each soldier had the option of receiving these copies with or without entries for the regulatory/statutory authority for separation, separation designator codes, and reenlistment codes.  In those cases where soldiers requested their DD Form 214, but without the entry of the regulatory/statutory authority for separation, separation designator codes, and reenlistment codes, items 9c and 10 contained dashed lines.  However, copy number 2 of the DD Form 214 was completed, including the entries for the regulatory/statutory authority for separation, separation designator codes, and reenlistment codes and retained in the soldier’s official personnel records.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In accordance with the governing regulation, copy number 2 of the applicant’s DD Form 214 with an effective date of 23 October 1976 is completed in its entirety and is properly filed in his service personnel records.

2.  Evidence of record shows that the applicant requested a copy of his DD Form 214 without the entries showing the reason and authority for his separation and his reenlistment code.  He submitted a copy of his DD Form 214 which shows dashed lines in items 9c and 10 in accordance with his request and the governing regulation in effect at the time of his separation.

3.  The applicant’s records also contain copy number 4 of his DD Form 214 with an effective date of 23 October 1976 wherein the entries in items 9c and 10 are dashed lines.

4.  The Board considered the applicant’s request that the entry in item 9c (Authority and Reason) be removed from copy number 2 of his DD Form 214 with an effective date of 23 October 1976 which is filed in his official personnel records.  However, the Board determined that the applicant’s DD Form 214 had been prepared and distributed in accordance with the governing regulation in effect at the time.  The Board also determined that the applicant had provided no compelling evidence of error or injustice in regard to the preparation and distribution of the copies of his DD Form 214 with an effective date of 
23 October 1976.  Therefore, there is no basis to change or otherwise amend copy number 2 of the applicant’s DD Form 214 with an effective date of 23 October 1976.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RVO_____  JPI_____  WDP_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001061307	
SUFFIX		
RECON		
DATE BOARDED	20011129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.