ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 August 2019

	DOCKET NUMBER:  AR20170016612


APPLICANT REQUESTS: correction of item 9e (Character of Service) of his DD Form 214 (Report of Separation from Active Duty) to show his honorable characterization of service vice the current listing of his unit of assignment. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Honorable Discharge Certificate
* Letter from the Department of Veterans Affairs (VA)

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 he has been trying to receive a "Certificate of Eligibility" for Loan Guaranty Benefits," but the Department of Veterans cannot grant him a "Certificate of Eligibility" for Loan Guaranty Benefits" because on his DD Form 214, line 9e does not have the proper statement for his character of service, which should state "Honorable Discharged."

3.  The applicant provides correspondence from the VA regarding a Certificate of Eligibility.  He also provides his Honorable Discharge Certificate.

4.  Review of the applicant's service records shows: 

	a.  He enlisted in the Regular Army on 9 September 1974.  Following completion of basic combat training, he was assigned to Company D, 10th Battalion, Military Police Brigade, U.S. Army Military Police School (USMPS) Fort Gordon, GA for completion of advanced individual training. 

	b.  On 13 February 1975, the applicant's immediate commander notified the applicant he was initiating action to separate the applicant from active duty under the provisions of Department of the Army Message DTG 0115102 August 1973, Subject:  Evaluation and Discharge of Enlistees Before 180 Active Duty Days.  The reason for the proposed action were evidence of social/emotional maladjustment, and being a quitter.  

	c.  The applicant acknowledged receipt of the separation notification and exercised his rights.  He acknowledged he understood that due to non-completion of requisite active duty time, VA and other benefits normally associated with completion of honorable active duty service will be affected.  

	d.  the commander subsequently initiated action to separate the applicant.  His chain of command recommended approval. 

	e. On 14 February 1975, the separation authority approved the discharge action and ordered the applicant be issued an Honorable Discharge Certificate.  

	f.  He was discharged from active duty on 21 February 1975.  His DD Form 214 show she competed 5 months and 13 days of active service.  It also show sin Block 9e (Character of Service), the entry "Co D, 10th Bn, MP Bde, USAMPS, TRADOC." 

5.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  The version in effect at the time required a listing in item 9e of the character of service (honorable, under honorable conditions, under other than honorable conditions, or dishonorable).  The applicant's DD Form 214 inadvertently listed his unit of assignment in item 9e instead of his character or service.

6.  Department of the Army message, dated 011510Z August 1973, provided the standards and criteria for the evaluation and discharge of enlistees before 180 active duty days.  The Trainee Discharge Program was implemented effective 1 September 1973 and was designed to enable commanders to expeditiously discharge the individual who lacked the necessary motivation, discipline, ability, or aptitude to become a productive Soldier when the individual: 

* was voluntarily enlisted in the Regular Army, the ARNG/USAR
* was in basic training, MOS training, or advanced individual training; in a service school; in units or on-job-training prior to the award of an MOS; or would have completed no more than 179 days of active duty by the date of discharge, 
* had demonstrated that he or she was 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, or motivation

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was warranted.  The applicant’s contentions were carefully considered.  He received an Honorable character of service; however, his DD Form 214 shows a unit of assignment for his character of service.  The Board agreed to correct the error.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 9e on his DD Form 214 for the period ending 21 February 1975 by delete the unit of assignment and replacing it with the entry “HONORABLE.”
	 
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 635-5 (Separation Documents) the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  The information entered thereon reflects the conditions as they existed at the time of separation.  The version in effect at the time required a listing in item 9e of the character of service (honorable, under honorable conditions, under other than honorable conditions, or dishonorable). 

3.  Department of the Army message, dated 011510Z August 1973, provided the standards and criteria for the evaluation and discharge of enlistees before 180 active duty days.  The Trainee Discharge Program was implemented effective 1 September 1973 pending the revision of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel).  It was designed to enable commanders to expeditiously discharge the individual who lacked the necessary motivation, discipline, ability, or aptitude to become a productive Soldier when the individual:

* was voluntarily enlisted in the Regular Army, the Army National Guard or the U.S. Army Reserve
* was in basic training, MOS training, or advanced individual training; in a service school; in units or on-job-training prior to the award of an MOS; or would have completed no more than 179 days of active duty by the date of discharge, whichever occurred earlier
* had demonstrated that he or she was 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, or motivation
* did not meet the moral, mental, or physical standards for enlistment including disqualifying drug use in accordance with Army Regulation 601-210 (Active and Reserve Components Enlistment Program)  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170016612


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