ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 15 August 2019 DOCKET NUMBER: AR20180015221 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from Active Duty), with a separation date 15 September 1975, item 9c (Authority and Reason) to delete the Separation Program Designator (SPD) code "JLF." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * document, Response to Request for Separation Documents/Information, County Recorder, County of Yuba, State of California, 2 February 2012 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, in effect, he believes the SPD code "JLF" should not be listed on his DD Form 214 as it affects anything he does in the future when he has to present his separation document. He contends he was told in 1975 to just take his DD Form 214 as honorable, however, even though he knew it was not correct he listened to his superiors. 3. On 22 March 1973, the applicant enlisted in the Regular Army for a period of 3 years. 4. On 16 June 1975, the applicant's commander recommended him for elimination from military service for unfitness under the provisions of Army Regulation 635-200, chapter 13-5a(3)b. The appropriate authority approved his elimination from military service for unfitness, on 28 August 1975, and directed he be issued an Honorable Discharge Certificate. 5. Special Orders Number 258 EXTRACT, Headquarters, United States Army Training Center and Fort Dix, dated 15 September 1975, shows the authority is not required and his type of discharge as Honorable. 6. On 15 September 1975, the applicant was discharged under the authority Army Regulation 635-200, chapter 13-5a(3)b and by the reason of unfitness – drug abuse. His DD Form 214, item 9c (Authority and Reason) shows the entry "SPD JLF." He completed 2 year, 5 months, and 24 days of active service that was characterized as honorable. 7. Army Regulation 635-5-1 (Separation Program Designators (SPD)), in effect at the time, provides the SPD code for Army Regulation 635-200, paragraph 13-5a(3), for unfitness – drug abuse as JLF. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his records, and the reason for his separation. The Board found insufficient evidence to support a change to the applicant’s record and the applicant provided no additional evidence. Based on a preponderance of evidence, the Board determined that the SPD code on the applicant’s DD Form 214 was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. ADMINISTRATIVE NOTE(S): Not Applicable ? 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) establishes the policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. a. An entry is required in all items of the DD Form 214. When the information is omitted or where no entry is appropriate, enter "NA." b. The regulation prescribes for item 9c (Authority and reason). Enter statutory and/or regulatory authority for separation plus the SPD (Army Regulation 635-5-1). 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 13 (Separation For Unfitness Or Unsuitability) establishes policy and provides procedures and guidance for eliminating enlisted personnel found to be unfit or unsuitable for further military service. a. An individual is subject to separation under the provisions of this chapter when a condition of unfitness exist. * frequent incidents of a discreditable nature with civil or military authorities * sexual perversion * drug abuse b. Paragraph 13-5a(3)(b) states the use of drugs or possession for one's own use of controlled substances, or dependence thereon, elicited as a result of an individual's volunteering for treatment or being identified by programed biochemical testing, if the sole basis for separation. c. The authority for separation (AR 635-200) and SPD shown in AR 635-5-1 will be included in directives or orders directing individual to report to the appropriate transfer activity or unit personnel section designated to accomplish separation processing. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), then in effect, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The SPD code was used in statistical accounting to represent the reason for separation. The regulation shows the SPD code “JLF,” as authority Army Regulation 635-200, paragraph 13-5a(3) and reason “unsuitability - drug abuse.” ABCMR Record of Proceedings (cont) AR20180015221 4 1