ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 8 January 2019 DOCKET NUMBER: AR20170009207 APPLICANT REQUESTS: In effect, correction of her DD Form 214 (Report of Separation from Active Duty) to show: * she served longer than 1 month and 17 days * her component as Regular Army vice U.S. Army Reserve * she received a different Separation Code APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD * DD Form 149 (Application for Correction of Military Records) * Congressional correspondence * Photograph labelled “1978” * Driver License * Department of Veterans Affairs (VA) Card * Honorable Discharge Certificate * Final Order to Change the Name of an Adult * DD Form 214 * Listing of Separation Program Designators (SPD) codes FACTS 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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 drill sergeant double timed their platoon during basic combat training so they could go home for Christmas * they completed the 90 days in activities and she was assigned orders to active duty * she received an honorable discharge because of over exertion caused from double timing, but she still finished basic training 3. The applicant provides: a. Congressional correspondence where she states her dates of service were inaccurate and he service component is incorrect. The platoon sergeant rushed them through training, and this action caused her chest pains and ulcers, and led to her receiving an honorable discharge. b. A photograph labelled 1978, a driver license, VA card, and Honorable Discharge Certificate. c. Final Order to Change the Name of an Adult, dated 16 February 2012, approving her name change from Donna A. F__ to Devon A. M__. d. Three copies of the same DD Form 214 with handwritten notes pointing out that the service component is incorrect and the reason/separation code was tampered with. f. Printout of SPD codes, with Code JET translates to Trainee Discharge, Marginal or Non-productive 4. A review of the applicant’s service records shows the following: a. 19 September 1978, she enlisted in the U.S. Army Reserve for 6 years. b. 13 October 1978, ordered to active duty for training (ADT) and assigned to Fort Gordon, GA, for one station unit training in military occupational specialty 36K (Tactical Wire Operations Specialist) c. October/November 1978, she was frequently counseled for a variety of infractions, including inability to work with peers, inability to adjust socially to military life, lack of discipline and motivation, refusing training, being belligerent, refusing to zero her weapon, inability to follow orders/instructions, and other infractions. d. 6 November 1978, she accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for failing to obey a lawful order (zero her weapon). e. 16 November 1978, her immediate commander notified her of his intent to recommend her discharge from the Army under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-33 (Trainee Discharge Program (TDP)). He cited the specific reasons as her inability to adapt socially or emotionally to military life; her lack of aptitude, ability, motivation, and self- discipline; and demonstrating character/behavior characteristics not compatible with satisfactory military service. f. She acknowledged receipt of the notification of his proposed discharge from the Army. She understood if she did not have sufficient service due to non-completion of requisite active duty time, VA and other benefits normally associated with completion of honorable active service will be affected. She further indicated that she did not desire to make statements or submit a rebuttal in her behalf and did not desire to have a separation medical examination if this separation is approved. g. Following this acknowledgement, the applicant's commander initiated separation action against her under the provisions of paragraph 5-33 of AR 635-200, citing her lack of motivation, immaturity, failing to adjust, and failing to respond to counseling. The intermediate commander recommended approval. h. 21 November 1978, the separation authority approved the applicant's discharge under the provisions of the TDP in accordance with paragraph 5-33 of AR 635-200 and directed that she be assigned SPD Code JNF and be furnished a DD Form 256A (Honorable Discharge Certificate). i. Orders Number 226-25, issued by Headquarters, U.S. Army Signal Center, Fort Gordon, on 27 November 1978, ordered the applicant's separation effective 29 November 1978. j. 29 November 1978, she was honorably released from active duty for training (ADT) and from the Reserve of the Army. Her DD Form 214 shows in: * Item 5 (Department, Component and Branch or Class), Army, USAR * Item 9c (Authority and Reason), Paragraph 5-33a, AR 635-200, SPD JET (Trainee Discharge Program - Marginal or Non-Productive) * Item 9d (Effective Date of Separation), 29 November 1978 * Item 15 (Date Entered Active Duty This Period), 13 October 1978 * Item 18a (Net Active Service This Period), 1 month and 17 days 5. AR 635-5 (Separation Documents) provided guidance for completing the DD Form 214: a. Item 5 (Department, component, and branch or class), enter in capital letters. Sample entries are: ARMY-RA-INF, ARMY-USAR-MSC, ARMY-AUS. b. Item 9c (Authority and reason). Do not enter a narrative reason for separation in this item. Enter statutory and or regulatory authority for separation and the Separation Code in accordance with AR 635-5-1 (Separation Program Designator). c. Item a (Net Active Service This Period), for enlisted personnel, enter the total time between dates shown in items 15 and 9d (less lost time). BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that relief was not warranted. Based upon the short time of military service performed prior to the misconduct, which led to the future discharge, the Board found that the discharge information relating to personal data, service credit and the separation code were all appropriate based upon the military service record of the applicant. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant : : : Partial Grant : : : Formal Hearing Grant :X :X :X Deny 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, 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. 2. AR 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army. a. Paragraph 5-33 of the regulation in effect at the time governed the Trainee Discharge Program (TDP). It provided for the separation of service members who lacked the necessary motivation, discipline, ability, or aptitude to become productive Soldiers or who failed to respond to formal counseling. Service members must have: * voluntarily enlisted * been in basic, advanced individual, on-the-job, or service school training prior to award of a military occupational specialty * not have completed more than 179 days of active duty on their current enlistment by the date of separation b. Soldiers could be separated when they demonstrated that 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 demonstrated character and behavior characteristics not compatible with satisfactory 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. The version of the regulation then in effect established SPD code JET as the appropriate code to assign Soldiers who were separated under paragraph 5-33a, AR 635-200, and the narrative reason for separation as TDP Marginal or Non-productive. Also, SPD code JNF was assigned to enlisted Soldiers discharged under the provisions of Headquarters, Department of the Army, message, DAPC-MPE, dated 1 August 1973, subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days (TDP). 4. AR 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. It contains guidance on the preparation of the DD Form 214. a. Item 5 (Department, component, and branch or class). Enter in capital letters. Career branch will be entered for commissioned officer, control branch for warrant officers. No branch entry is required for enlisted personnel. Sample entries are: ARMY- RA-INF, ARMY-ARNGUS-FA, ARMY-USAR-MSC, ARMY-AUS. b. Item 9c (Authority and reason). Do not enter a narrative reason for separation in this item. Type a dashed line (-- -) on all copies furnished the individual and Veterans' Administration. Copies to be filed in the Military Personnel Records Jacket for retention by the Army, or which are furnished State Adjutants General or Continental United States Army commanders will be completed as follows: (1) Enter statutory and or regulatory authority for separation and the SPD code in accordance with AR 635-5-1 (2) Do not show an SPD for officers who vacate a Reserve of the Army appointment to accept an appointment in the Regular Army. (3) For cadets, enter the order number, source, and date. c. Item 9d (Effective date), enter the effective date of discharge shown on separation orders, using 6-digit numerals. d. Item 15 (Date Entered Active Duty This Period), enter date of entry. e. Item 18 (Record of Service), detailed instructions on computation of basic pay would be in accordance with chapter 1, DOD Pay Manual. All service shown in 18(a) through (e) will be less time lost under Title 10, U.S. Code, section 972 and time lost subsequent to expiration of term of service. For enlisted personnel, enter in item 18a the total time between dates shown in items 15 and 9d (less lost time). ABCMR Record of Proceedings (cont) AR20170009207 2