ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2019 DOCKET NUMBER: AR20170000492 APPLICANT REQUESTS: correction of the Separation Code and the separation date shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the discharge shows that she was discharged due to pregnancy which is false because she was not pregnant. She says that she became pregnant the first time about a month later after she was released from service. She states she was discharged because she was allergic to the flu vaccine and had been hospitalized prior to discharge due to the flu vaccine. She wishes to have her DD Form 214 corrected to show a proper separation code and discharge date. She also says that she was still in the service 1 month after the date shown on her DD Form 214. She was still working with the Judge Advocate General (JAG) after being held to get her discharge. 3. A review of the applicants’ record shows: a. She enlisted in the U.S. Army Reserves on 28 August 1995. b. She entered active duty for training on 4 January 1996. c. She accepted non-judicial punishment (NJP) on 12 February 1996 for violating a lawful order by entering the sleeping quarters of male personnel while not performing official business or officially authorized to do so for failing to perform guard duty, drinking an unauthorized alcoholic beverage, and dressing in unauthorized civilian clothing. d. On 12 February 1996, her company commander notified her of his intent to initiate her separation, under chapter 11, (Entry Level Performance and Conduct) for being absent from the barracks, entering sleeping quarters of a male, drinking, and overall conduct and discipline problems. e. On 12 February 1996, the applicant acknowledged notification of her company commander’s intent to initiate a chapter 11 to separate her from the military with an uncharacterized discharge. f. On 12 February 1996, she acknowledged receipt of the notification of proposed separation and understood of the separation was approved, she would receive and entry level separation uncharacterized. She waived consulting counsel and declined making a statement on her own behalf. g. On 13 February 1996, the applicant’s commander initiated the separation action under the provisions of AR 635-200, chapter 11, with a characterization of entry level separation – uncharacterized. h. On 14 February 1996, the separation authority approved the discharge action and ordered the applicant separated with an uncharacterized entry level separation. i. The applicant was discharged from active duty under the provisions of chapter 11 of AR 635-200. Her DD Form 214 shows she received an uncharacterized discharge due to entry level status performance and conduct. She completed 1 month and 20 days of active service and 4 months and 6 days of inactive service. Her DD Form 214 shows in: * Item 12b (Separation date This Period) - 23 February 1996 * Item 26 (Separation Code) - JGA 4. By regulation, AR 635-5-1 (Entry Level Performance and Conduct), Soldiers separating under the provisions of AR 635-200, chapter 11 are assigned a Separation Code of JGA. 5. By regulation, AR 635-5 (Separation Documents) item 12b of the DD Form 214, shows the Soldier’s transition date. This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the service record, the Board found insufficient evidence to make a change to the narrative reason for separation. The Board found no corroborating evidence to the applicant’s statement as to when she got pregnant. Without such evidence, the Board concluded that the narrative reason currently depicted on the DD Form 214 was accurate and did not warrant justification for making a change to the 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 (Personnel Separations - Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 11-1 this chapter sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status. b. Paragraph 11-2 is the basis for separation and states that when separation of a Soldier in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the solder normally will be separated per this chapter. c. Paragraph 11-3 this policy applies to Soldiers who were voluntarily enlisted in the Regular Army, Army National Guard, or United States Army Reserves, and are in entry level status, and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous active duty (AD) or initial active duty for training (IADT) or no more than 90 says of Phase II under a split or alternate training option. Soldiers who have demonstrated that they are not qualified for retention. 3. AR 635--5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the active army. It establishes standardized policy for preparing and distributing the DD Form 214. Item 12b reflects the Soldier’s transition date. This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the government. 4. AR 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, prescribes the specific authorities (regulatory or other directives), reasons for separating Soldiers from active duty, and the separation program designator (SPD) codes to be entered on DD Form 214. Table C-1 lists the SPD code, narrative reason and regulatory authority. SPD code of JGA is Entry Level Performance and Conduct. ABCMR Record of Proceedings (cont) AR20170000492 4 1