ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 October 2019 DOCKET NUMBER: AR20190002928 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation form Active Duty) to amend the following entries in: * Item 9d (Effective Date) from "76 10 20" to 77 03 17" * Item 11 (Last Duty Assignment and Major Command) from "Co C 17th Bn 5th BCT Bde TC" to "Co C 17th Bn 4th BCT Bde TC" * Item 27 (Remarks) from "Marginal or Non-Productive Performance" to "Dislocated shoulder require surgery – shoulder plate recommended" APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 and photograph of him in uniform; however, neither one were found with his application 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 does not know the justification for the entries, but had a sling on his shoulder for months and had surgery at a private hospital after his discharge. He notes his dislocation was caused by falling boards from the barracks. 3. The applicant enlisted in the Regular Army on 17 September 1976. Orders 55-6, issued by Headquarters, U.S. Army Reception Station, Fort Knox, KY, on 22 September 1976, assigned him to Company C, 17th Battalion, 4th Basic Combat Training (BCT) Brigade for training. 4. A review of his records contains: a. DA Form 3349 (Medical Condition - Physical Profile Record), dated 5 October 1976 that shows he was given a temporary (T-3) profile for a dislocated shoulder. It further indicates he was not eligible for BCT, and found unfit for induction in accordance with Army Regulation 40-501 (Standards of Medical Fitness). It was recommended that he be separated under the Trainee Discharge Program (TDP), under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-39, for an EPTS (existed prior to service) medical condition. b. TRADOC Form 871-R (TDP Counseling), dated 5 October 1976 shows he complained about his shoulder hurting and was referred to the medical clinic and was issued a T-3 profile. He was recommended for discharge under provisions of TDP for the EPTS condition. It indicated the applicant had a history of shoulder separations. 5. The applicant's commander initiated action to separate him under provisions of Army Regulation 635-200, paragraph 5-39 (TDP) on 7 October 1976. The reasons cited were his failure to meet the physical standards for induction and that his medical problem would hinder his satisfactory performance during basic training. 6. The applicant acknowledged the TDP notification and meet with legal counsel on 8 October 1976. He understood his rights, the reason for separation and did not desire to make a statement or submit any rebuttal in his own behalf. Additionally, he did not desire to have a separation medical examination. 7. The separation authority approved the applicant's discharge under the provision of the TDP on 12 October 1976. He directed the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-39, with issuance of an honorable discharge. 8. Orders 76-24, issued by Headquarters, U.S. Army Armor Center and Fort Knox, dated 19 October 1976 ordered his discharge effective 20 October 1976. 9. The applicant's DD Form 214 shows he completed 1 month and 4 days of net active service and the following entries in: * Item 9c (Authority and Reason) - "X X X X" * Item 10 (Reenlistment Code (RC)) - "X X X X" * Item 9d - "76 10 20" * Item 11 - "Co C 17th Bn 5th BCT Bde TC" * Item 27 (Remarks) from "Marginal or Non-Productive Performance (Trainee Discharge Program)" and "SPD (Separation Program Number) JEM, Para 5-39, RE-3" 10. The applicant's record does not indicate he was assigned to the 5th BCT Brigade at any point in his military service. There is no evidence in his record nor does he provide any that he sustained an injury as a result of falling boards. Additionally, there is no evidence, nor does he provide any, that shows he had any military service past his discharge date of 20 October 1976. 11. Army Regulation 635-200, incorporated DA Message, dated 1 December 1975, into the regulation the Trainee Discharge Program (TDP) under paragraph 5-39. This program provides that commanders may expeditiously discharge individuals who lack the necessary motivation, discipline, ability, or aptitude to become a productive Soldier when these individuals: a. Were voluntarily enlisted in the Regular Army, Army National Guard (ARNG), or Army Reserve (USAR). b. Were in BCT or BT or in MOS training in AIT, a service school or OJT prior to award of the MOS for which being trained and would have competed no more than 179 days active duty, or initial active duty for training (IADT), on current enlistment by the date of discharge. Prior service personnel who met these criteria were included in this program. c. Had demonstrated that they were not qualified for retention for one or more of the following reasons: (1) Could not or would not adapt socially or emotionally to military life. (2) Could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. (3) Had demonstrated character and behavior characteristics not compatible with satisfactory continued service. (4) Did not meet the moral, mental or physical standards for enlistment, including disqualifying drug use in accordance with applicable regulations. 12. Army Regulation 635-5 (Separation Documents), states: a. For item 9d (Effective Date), enter the effective date of separation using all numerals; e.g., 73 for year, 01 for January. b. For item 11 (Last Duty Assignment and Major Command), enter the last assignment and major command. c. For item 27 (Remarks), use for entries authorized by HQDA for which a separate item is not available on the DD Form 214 and to complete entries too long for their respective blocks. When completing a long entry, the item number being completed must precede the item 27 comment. 13. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states to assign the SPD code of "JEM" as the appropriate code to assign Soldiers who were separated under the provisions of paragraph 5-39 of Army Regulation 635-200 and established the narrative reason for separation for these members as "Marginal or Non-Productive Performance (TDP)." BOARD DISCUSSION: 1. The Board agreed that there is no evidence in the record that would support changing the date in item 9d of the applicant's DD Form 214. The record clearly shows he was discharged effective 20 October 1976, which is correctly recorded on his DD Form 214. 2. The Board agreed that the narrative reason for separation recorded on his DD Form 214 is correct based on the authority for his discharge. The Board found insufficient evidence to support a recommendation to change the narrative reason for separation. 3. The Board further agreed that there is an error in the unit recorded in item 11 of his DD Form 214. The applicant was assigned to the 4th BCT Brigade, but the DD Form 214 incorrectly shows he was assigned to the 5th BCT Brigade. The Board concluded the evidence supports correcting this entry. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :x :x x GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 11 of his DD Form 214 by deleting "5th BCT Bde" and adding "4th BCT Bde." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the date of discharge and narrative reason for separation recorded on his DD Form 214. 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 635-200 (Personnel Separations - Enlisted Personnel), sets forth the basic authority for the separation of enlisted personnel. DA Message, dated 1 December 1975, incorporated into the regulation the Trainee Discharge Program (TDP) under paragraph 5-39. This program provides that commanders may expeditiously discharge individuals who lack the necessary motivation, discipline, ability, or aptitude to become a productive Soldier when these individuals: a. Were voluntarily enlisted in the Regular Army, Army National Guard (ARNG), or Army Reserve (USAR). b. Are in BCT or BT or in MOS training in AIT, a service school or OJT prior to award of the MOS for which being trained and will have competed no more than 179 days active duty, or initial active duty for training (IADT), on current enlistment by the date of discharge. Prior service personnel who meet this criteria are included in this program. c. Have demonstrated that they are not qualified for retention for one or more of the following reasons: (1) Cannot or will not adapt socially or emotionally to military life. (2) Cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. (3) Have demonstrated character and behavior characteristics not compatible with satisfactory continued service. (4) Do not meet the moral, mental or physical standards for enlistment including disqualifying drug use in accordance with applicable regulations. 3. Army Regulation 635-5 (Separation Documents), prescribes the separation documents that are furnished individuals who are retired, discharged, or released from active military service, including members of Reserve components on active duty for training (ADT) or full-time training duty (FTTD) and US Military Academy cadets. a. For item 9c (Authority and Reason), enter the statutory and/or regulatory authority for separation plus the SPD. DO NOT SHOW A NARRATIVE REASON FOR SEPARATION. b. For item 9d (Effective Date), enter the effective date of separation using all numerals; e.g., 73 for year, 01 for January. c. For item 10 (Reenlistment Code), See DA Form 1315, DA Form 20, and table 1-3, Army Regulation 601-280 for proper reenlistment code (para 2-6c). d. For item 11 (Last Duty Assignment and Major Command), enter the last assignment and major command. e. For item 27 (Remarks), will be used for entries authorized by HQDA for which a separate item is not available on the DD Form 214 and to complete entries too long for their respective blocks. When completing a long entry, the item number being completed must precede the item 27 comment. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of the Department of Defense and the Military Services to assist in the collection and analysis of separation data. The regulation in effect at the time established SPD code "JEM" as the appropriate code to assign Soldiers who were separated under the provisions of paragraph 5-39 of Army Regulation 635-200 and established the narrative reason for separation for these members as "Marginal or Non-Productive Performance (TDP)." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002928 5 1