BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150016234 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150016234 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. BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150016234 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 amendment of his separation code. 2. The applicant states: * separation program designator (SPD) code JGA stands for entry-level status performance and conduct or entry-level status performance – pregnancy * he is male * he was not separated due to pregnancy 3. The applicant provides a copy of 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 27 October 1998 for a period of 3 years. 3. His records are void of the specific facts and circumstances surrounding his discharge action. However, his DD Form 214 shows he was discharged on 30 March 1999 by reason of entry-level status performance and conduct under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11. He completed 5 months and 4 days of creditable active service. 4. His DD Form 214 shows in: * item 24 (Character of Service) – Uncharacterized * item 25 (Separation Authority) – Army Regulation 635-200, chapter 11 * item 26 (Separation Code) – JGA * item 28 (Narrative Reason for Separation) – Entry Level Status Performance and Conduct REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 11, in effect at the time, provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status. This provision applied to individuals who demonstrated they were not qualified for retention because they could not or would not adapt socially or emotionally to military life; or because they lacked the aptitude, ability, motivation, or self-discipline for military service; or because they demonstrated characteristics not compatible with satisfactory continued service. The regulation required an uncharacterized description of service for separation under this chapter. b. Entry-level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days. 2. Army Regulation 635-5-1 (Separation Program Designator Codes), dated 13 August 1993, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation stated the narrative reason for discharge based on SPD code JGA was entry-level status performance and conduct and showed the regulatory authority as Army Regulation 635-200, chapter 11. 3. Army Regulation 635-5-1, dated 1 October 1982, stated the narrative reason for discharge based on SPD code JGA was entry-level status performance and conduct or entry-level status performance – pregnancy and showed the regulatory authority as Army Regulation 635-200, paragraph 11-3a or b. DISCUSSION: 1. Although the applicant contends his separation code is incorrect because it is used for pregnancy, the governing regulation in 1982 stated the reason for a discharge based on SPD code JGA was entry-level status performance and conduct or entry-level status performance – pregnancy. The governing regulation in effect at the time of his discharge stated the reason for a discharge based on SPD code JGA was entry-level status performance and conduct. 2. In the absence of evidence to the contrary, it must be presumed that his separation processing was administratively correct and in conformance with applicable regulations. Without the discharge packet to consider, it is also presumed that the authority and reason for his discharge was in accordance with law and regulations in effect at the time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016234 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016234 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2