ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
		BOARD DATE:  12 March 2019

		DOCKET NUMBER:  AR20160014117


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show separation program designator (SPD) code JFV 
(Condition Not a Disability), interfering with performance of duty.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  
DD Form 149 (Application for Correction of Military Record under the Provisions of 
Title 10, U.S. Code, Section 1552).

FACTS:

1.  The applicant did not file within the 3-year time frame as provided in Title 10, 
U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of her case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states:

*	she was always physically tired when she was in the Army but never knew why
*	an ambulance driver came to her duty station while she was in the field and 
requested to speak to her
*	she was informed that she was anemic and was given a bag full of pills to take
*	she was physically drained at the time and was discharged for lack of motivation
*	she feels this was unfair since she had a medical issue at the time

3.  Item 77 (Examinee) of her Standard Form 88 (Report of Medical Examination), dated 
21 December 2000, shows the examining physician determined she was qualified for 
enlistment in the Army with no medical issues.

4.  She enlisted in the Regular Army on 9 February 2001.

5.  Her DA Form 2-1 (Personnel Qualification Record – Part II) shows she was assigned 
to Company B, 1st Battalion, 61st Infantry Regiment, 4th Basic Training Brigade, 
Fort Jackson, SC, for basic training effective 16 February 2001.

6.  Orders 082-1314, Headquarters, U.S. Army Training Center and Fort Jackson, dated 
23 March 2001, discharged her effective 27 March 2001 unless changed or rescinded.

7.  Her DD Form 2648 (Preseparation Counseling Checklist), dated 27 March 2001 
(should read 26 March 2001), shows she attended all services and benefits made 
available through her individual transition plan.  The remarks state:  "Member is a 
training separatee with an uncharacterized discharge."

8.  On 26 March 2001, she was discharged under the provisions of Army 
Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11 (Entry 
Level Performance and Conduct).  She completed 1 month and 18 days of net active 
service during this period.  Her DD Form 214 shows she was assigned SPD code JGA 
(Entry Level Performance and Conduct).  Her service was uncharacterized.

9.  Her available records contain no evidence showing she was diagnosed with a 
medical condition that was incurred while she was serving on active duty.

10.  On 10 April 2018, the Army Review Boards Agency contacted the applicant in 
writing and requested copies of her military medical records and any other medical 
documents that supported her stated issue.  She was advised to contact the 
Department of Veterans Affairs Regional Office for assistance in obtaining her medical 
records.  She was informed that her application would be placed on hold for 30 days, 
until 10 May 2018, to allow her to respond.  She did not respond.

11.  A search of the Armed Forces Health Longitudinal Technology Application, a global 
Electronic Health Record System used by the Department of Defense, revealed no 
records for the applicant.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contentions were carefully 
considered.  The Board agreed the SPD Code was correctly listed resulting from the 
separation characterization.


?
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.

ADMINISTRTAIVE NOTES:  Not applicable.

REFERENCES:

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 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.

2.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at 
the time, set forth the basic requirements and procedures for administrative discharge of 
enlisted personnel.

	a.  Paragraph 3-4a(2) provided that entry-level status service would be 
uncharacterized.

	b.  Paragraph 3-9a provided that a separation would be described as an entry level 
with service uncharacterized if processing is initiated while a Soldier is in entry-level 
status.

	c.  Chapter 11 (Entry Level Performance and Conduct) set policy and prescribed 
guidance for the separation of Soldiers because of unsatisfactory performance and/or 
conduct while in an entry-level status.  Paragraph 11-3 applied to Soldiers who 
demonstrated they were not qualified for retention.  Conduct and/or performance that 
disqualified Soldiers for retention included:

*	cannot or will not adapt socially or emotionally to military life
*	cannot meet the minimum standards prescribed for successful completion of 
training because of lack of aptitude, ability, motivation, or self-discipline

	d.  The glossary defines entry-level status as the first 180 days of continuous active 
duty or the first 180 days of continuous active duty following a break of more than 
92 days of active military service.

3.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes 
the specific authorities (regulatory or other directives), reasons for separating Soldiers 
from active duty, and the SPD codes to be entered on DD Form 214.  The appropriate 
SPD code for Soldiers who are discharged for entry-level performance and conduct is 
JGA.

4.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR.  The ABCMR begins its consideration of each case 
with the presumption of administrative regularity.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

5.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Boards for Correction of Military/Naval Records (BCM/NRs) 
regarding equity, injustice, or clemency determinations.  Clemency generally refers to 
relief specifically granted from a criminal sentence.  BCM/NRs may grant clemency 
regardless of the type of court-martial.  However, the guidance applies to more than 
clemency from a sentencing in a court-martial; it also applies to other corrections, 
including changes in a discharge, which may be warranted based on equity or relief 
from injustice.  This guidance does not mandate relief, but rather provides standards 
and principles to guide Boards in application of their equitable relief authority.  In 
determining whether to grant relief on the basis of equity, injustice, or clemency 
grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, 
sworn testimony, policy changes, relative severity of misconduct, mental and behavioral 
health conditions, official governmental acknowledgement that a relevant error or 
injustice was committed, and uniformity of punishment.  Changes to the narrative 
reason for discharge and/or an upgraded character of service granted solely on equity, 
injustice, or clemency grounds normally should not result in separation pay, retroactive 
promotions, and payment of past medical expenses or similar benefits that might have 
been received if the original discharge had been for the revised reason or had the 
upgraded service characterization.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160014117
	
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