ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  4 June 2019

	DOCKET NUMBER:  AR20180003024


APPLICANT REQUESTS:  a correction of the Separation Code 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)
* Copy of his Medical Records

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 that the separation code of JGA (JET) is incorrect. She points out that JGA means “entry level status performance and conduct or entry level status performance – pregnancy”.  She says that this in fact is not true.  When she got married after leaving the service she was not pregnant, nor did she have a child until 23 October 1985.  She had a yearly exam in September of 1983 and it states that she was not pregnant.  She says that in 1984 she underwent fertility testing and became pregnant in 1985. She goes on to say that during her time in basic training, she went through physical therapy for tendinitis from her shoulders down.  She ended up not being able to pass the push-up event because of this.  She states that she also had a knee injury after falling during a run, but continued on to the finish.  Finally, she says that during bivouac, there was a snow storm where she ended up in the hospital for several days suffering from pneumonia.

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

	a.  She enlisted in the Regular Army on 11 February 1983.

	b.  From the period of 19 March 1983 and 4 May 1983, 10th week of training, the applicant was counseled on several occasions for physical fitness failures due to her inability to perform in the push-up event.
	c.  On 5 May 1983, her company commander notified her of his intent to initiate her separation under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Separations) chapter 11-3a, (Entry Level Performance and Conduct) for her inability to meet minimum standards in physical fitness and for lack of motivation that renders her unsuitable for military service.  

	d.  The applicant acknowledged the commanders’ notification and waived her right to consult with counsel.  The applicant understood the following:

* she would receive an entry level separation with uncharacterized service
* due to non-completion of requisite active duty time, Veterans Affairs and other benefits normally associated with completion of honorable active service will be affected
* she would not be permitted to apply for reenlistment in the United States Army within 2 years of her separation
* she declined the opportunity to submit a statement on her behalf	

	e.  On 6 May 1983, the commander initiated the separation action under the provisions of AR 635-200, chapter 11-3a, entry level status performance and conduct.

   f.  Consistent with the chain of command's recommendation, the separation authority approved the separation under the provisions of AR 635-200, chapter 11, and directed the issuance of an entry level separation discharge (uncharacterized) with a separation code of JGA (JET) for entry level status performance and conduct or entry level status performance – pregnancy.

	g.  On 26 May 1983, the applicant was discharged from the Army with an entry level status character of service.  His DD Form 214 shows that he had 3 months and 18 days of active service with no lost time.  She was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of her character of service.  After considering the evidence, the ADRB denied his request.

5.  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/JET, Trainee Discharge Program for entry level status performance and conduct or entry level status performance – pregnancy.

6.  By regulation, AR 635-200, chapter 11, sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while an entry level status.  

7.  In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the reviewing of the documentary evidence presented by the applicant and found within the military service record, the Board found that the facts and circumstances surrounding the applicant’s separation were accurately reflected with the current separation code currently on the DD Form 214; therefore, the Board concluded there was no error or injustice which would warrant making a change to the applicant’s separation code.

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 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/JET, Trainee Discharge Program for entry level status performance and conduct or entry level status performance – pregnancy. 

3.  Army Regulation 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 3-7a provided that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	b.  Paragraph 3-7b provided that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

	c.  Paragraph 11-1, sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while an entry level status.  

	d.  Paragraph 11-2, states that when separation of a member 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 member normally will be separated per this chapter.  However, nothing in this chapter prevents separation under another provision of this regulation when such separation is warranted.

	e.  Paragraph 11-3a.  This policy applies to members who were voluntarily enlisted in the Regular Army, Army National Guard, or the United States Army Reserve, have completed no more than 180 days of active duty (AD) or (LADT), on current enlistment by the date of separation, or have demonstrated that they are not qualified for retention for one or more of the following reasons:

* 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
* failed to respond to counseling

4.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and 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 based on 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.


ABCMR Record of Proceedings (cont)	 AR20180003024


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