MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 November 2002
	DOCKET NUMBER:   AR2002077705

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Melvin H. Meyer		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:  In effect, that the Separation Program Designator (SPD) code listed on his separation document (DD Form 214), dated 19 July 1979, be changed to a more favorable code.

APPLICANT STATES:  In effect, that he was separated from active duty for training (ADT) due to a disability.  He states that he feels that his discharge and records should reflect this fact.  He claims that he tried as hard as he could while in training, and his discharge was through no fault of his own, and based on this he records should be corrected at this time.  In support of his application, he provides a copy of his 19 July 1979 DD Form 214 and a copy of his separation packet.  
 
EVIDENCE OF RECORD:  The applicant's military records show:

The applicant entered the Army on 18 May 1979 and he was assigned to 
Fort Leonard Wood, Missouri, to attend basic combat training (BCT).

On 10 July 1979, while he was attending BCT at Fort Leonard Wood, the applicant was notified by his commander that separation action was being initiated to eliminate him from the Army under the provisions of Army Regulation 635-200, paragraph 5-33, the Trainee Discharge Program.  

The applicant’s unit commander stated that the basis for the separation action was the applicant’s inability to adapt to the demands of BCT and of continued military service.  The unit commander further cited the applicant’s inability to meet the minimum standards of performance for completion of BCT.  Further, despite the personal efforts of the applicant, and his drill sergeant, the applicant was still unable to grasp the fundamentals of soldiering due to his ineptitude.  On this same day, the applicant acknowledged receipt of the separation action notification, and he declined to submit a statement in his own behalf.

The separation action was approved by the appropriate authority and on 
19 July 1979, the applicant was honorably discharged from the Army after completing a total of 2 months and 2 days of active military service.

The DD Form 214 issued to and authenticated by the applicant with his signature on the date of his separation confirms that the applicant was honorably discharged from the Army on 19 July 1979.  This document also verifies that the authority for the applicant’s discharge was paragraph 5-33, Army Regulation 
635-200, and that the narrative reason for his separation was the Trainee Discharge Program.  The separation document also shows that he was assigned a SPD code of JET based on the authority and reason for his discharge.  

Army Regulation 635-200, sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-33, in effect at the time, established the policy and procedure for discharge under the Trainee Discharge Program.  It stated, in pertinent part, that commanders could expeditiously discharge soldiers who lacked the necessary motivation, discipline, ability, or aptitude to become a productive soldier when these individuals voluntarily enlisted in the Regular Army, Army National Guard, or United States Army Reserve.  Discharge was authorized if these soldiers were in BCT or advanced individual training and who would not have completed more than 179 days of active duty, or initial active duty for training, on their current enlistment by the date of discharge. 

Army Regulation 635-5-1 (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.  The SPD code of JET was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of Army Regulation 
635-200, paragraph 5-33a, by reason of the Trainee Discharge Program.

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.  The Board notes the contention of the applicant that the SPD code of JET listed on his DD Form 214, dated 19 July 1979, should be changed to a more favorable code because he was separated due to a disability.  However, the Board finds insufficient evidence to support this claim.  

2.  The evidence of record confirms that the applicant was separated under the Trainee Discharge Program and properly assigned the SPD code of JET based on the authority and reason for his discharge in accordance with the applicable regulations in effect at the time.  

3.  Further, the applicant has failed to show, through the evidence submitted with application that he was separated due to a disability or that the SPD code issued to him was incorrect.  Thus, the Board concludes that the SPD code assigned was and still is appropriate, and there is no evidentiary basis for changing it at this time.

4.  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.

5.  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

__JNS__  ___SVW___  __MHM  __  DENY APPLICATION

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

INDEX

CASE ID	AR2002077705	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/19	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.