ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20170014546


APPLICANT REQUESTS:  a change to his separation code

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 when he was discharged, he contacted his Congressman and 
never heard anything back.  He was there for graduation, but because he had a death in 
his family, the drill sergeant did not think he was okay.  He allowed them to mess up his 
service code.

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

	a.  He enlisted in the Regular Army on 28 August 1979.

	b.  The applicant's immediate commander notified the applicant that he was initiating 
actions to separate him from service, under the provisions of Army Regulation 635-200, 
paragraph 5-33 (Trainee Discharge Program).  The separation is specifically for 
disregard of authority, poor attitude, and disruptive behavior to the unit.  His commander 
advised him of the rights available to him, and of the effect of any action taken by him to 
waive his rights

	c.  The applicant acknowledged receipt of the proposed separation memorandum.  
He acknowledged he understood if he did not have sufficient prior service, due to 
noncompletion of requisite active duty time, veteran’s assistance, and other benefits 
normally associated with completion of honorable active service would be affected.  
Further, he understood that he would not be permitted to apply for reenlistment in the 
United States Army within two years of his separation.

4.  Consistent with the chain of command's recommendations, the separation authority 
approved the applicant's discharge on 8 November 1979, under the provisions of       
AR 635-200, paragraph 5-33.
 
5.  He was discharged on 14 November 1979.  His DD Form 214 shows he was 
discharged under the provisions of Army Regulation 635-200, paragraph 5-33A, and his 
service was characterized as honorable.  He was assigned separation code "JET." He 
completed 2 months and 17 days of net active service.

6.  The SPD code is used in statistical accounting to represent on the DD Form 214.  
Dissemination of the information contained herein to nongovernmental organizations 
and individuals is prohibited.  However, the SPD code reference applicable to a 
particular Soldier or former Soldier may be explained to the individual or to a designated 
representative upon receipt of a written authorization signed by the soldier or former 
Soldier.  SPD code "JET" was to be used for Soldiers discharged under the Trainee 
Discharge Program.   
.
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.  

The Board considered the applicant's statements and the records documenting his 
separation processing.  The Board found that his discharge was completed in 
compliance with prescribed procedures, and he was fully advised of the implications of 
his discharge under the Trainee Discharge Program.  The separation code recorded on 
his DD Form 214 accurately reflects the reason for his separation.  The Board found no 
evidence of error or injustice that would support correcting the record in this case.    

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.  Per regulation in effect during this time, the Trainee Discharge Program authorized 
commanders to expeditiously separate members who lacked the necessary motivation, 
discipline, ability, or aptitude to become a productive Soldier when these individuals:

	a.  Were voluntarily enlisted in the Regular Army, ARNG or USAR.

	b.  Were in Basic Combat Training or Basic Training or in military occupational 
specialty training in Advanced Individual Training, a service school or on-the-job 
training prior to the award of the military occupational specialty for which being trained 
and had completed no more than 179 days active duty

	c.  Were on active duty or initial active duty for training, and on their current 
enlistment by the date of separation.

	d.  Had demonstrated that they were not qualified for retention for one or more of the 
following reasons:

*	Could not or would not adapt socially or emotionally to military life
*	Could not meet the minimum standards prescribed for successful completion 
of training because of lack of aptitude, ability, motivation or self-discipline
*	Had demonstrated character and behavior characteristics not compatible with 
satisfactory continued service.
*	Did not meet enlistment standards by reason of disqualifying drug use. 

ABCMR Record of Proceedings (cont)	 AR20170014546

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