ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 May 2019

	DOCKET NUMBER:  AR20160013366


APPLICANT REQUESTS: reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:

* item 25 (Separation Authority) something other than Army Regulation (AR) 635-200, paragraph 5-33f(2)
* item 26 (Separation Code) something other than JET
* item 28 (Narrative Reason for Separation) something other than Trainee Discharge Program (TDP) Marginal or Non-productive

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* Self-Authored Letter 
* Chronological Record of Medical Care

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150011510 on 6 June 2016.

2.  The applicant requests a reconsideration of his previous application.  He states that he was admitted to the emergency room on 11 January 1980 at Ireland Army Hospital, Fort Knox, KY and that he was issued a T3 profile.  That his boots were too small and caused injuries to his feet and that he does not get full range of motion for his elbow.  He states that there was a complete failure of his chain of command to obtain a medical opinion and that his leadership failed to take care of their troops. 

3.  The applicant provides a self-authored letter and chronological record of medical care that shows his medical visits during his period of enlistment. 

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 15 January 1980.

	b.  On 10 March 1980, the applicant’s immediate commander signed a Memorandum of Proposed Separation Action, under the provisions of paragraph 5-33, AR 635-200 (Trainee Discharge Program) initiating the applicant’s discharge.  It states that discharge was being initiated against the applicant because the applicant was not fit to serve as a Soldier.

   c.  On 10 March 1980, the applicant acknowledged receipt of the proposed separation.  He acknowledged/understood:

* if he was furnished a general discharge, he may expect to encounter substantial prejudice in civilian life
* he had the opportunity to consult with legal counsel
* he waived statements on his own behalf

   d.  Consistent with the chain of command recommendation, the separation authority approved the applicants discharge on 28 March 1980 and ordered he receive an honorable discharge. 

   e.  The applicant was discharged from active duty on 5 April 1980 with an honorable discharge.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of paragraph 5-33 of AR 635-200 by reason of Trainee Discharge Program, marginal or non-productive.  He completed          months and 21 days of active service.  He was assigned Separation Code of JET and an RE Code of RE-3. 

   f.  A Medical Advisory Opinion, dated 12 February 2019, which concludes that a review of the available documentation found no indication for disability evaluation system processing, no indication for a medical evaluation board.  It found the applicant did not reach a medical retention determination point for any of his conditions.  It further states that the applicant was clearly separated for his maladaptive behavior and substandard performance.  The applicant was clearly not separated due to medical reasons or physical conditions.

   g.  On 19 February 2019, the advisory opinion was forwarded to the applicant for acknowledgement and/or response.  He did not respond.  

5.  By regulation, the TDP provided for the separation of service members who lacked the necessary motivation, discipline, ability or aptitude to become productive.  

6.  Also by regulation, SPD code JET as the appropriate code to assign Soldiers who were separated under the provisions of paragraph 5-33f, AR 635-200, paragraph         5-33f(2) and the narrative reason for separation as TDP Marginal or Non-productive.



BOARD DISCUSSION:


After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the facts and circumstances leading the the applicant’s discharge, the Board concluded that the information currently on the applicant’s DD Form 214 accurately depicts those facts.  For that reason, the Board determined there was insufficient evidence to show an error or injustice which would warrant making a change to the applicant’s record

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	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.
	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army. 
 
	a.  Paragraph 5-33, then in effect governed the Trainee Discharge Program (TDP).  This program provided for the separation of service members who lacked the necessary motivation, discipline, ability or aptitude to become productive Soldiers or failed to respond to formal counseling. 
 
	b.  The service member must have voluntarily enlisted, must be in Basic Training (BT), Advanced Individual Training (AIT), on-the-job training, or service school training prior to award of an Military Occupational Specialty (MOS) , and must not have completed more than 179 days of active duty by the date of separation. 

	c.  Soldiers could be separated when they demonstrated they were not qualified for retention due to failure to adapt socially or emotionally to military life, could not meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline, or had demonstrated character and behavior characteristics not compatible with continued service.

3.  AR 635-5-1 (Separation Program Designator (SPD) Codes) provides 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 (Certificate of Release or Discharge from Active Duty).  The version of the regulation then in effect established SPD code JET as the appropriate code to assign Soldiers who were separated under the provisions of paragraph 5-33f, AR 635-200, paragraph 5-33f(2) and the narrative reason for separation as TDP Marginal or Non-productive.

ABCMR Record of Proceedings (cont)	AR20160013366


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