IN THE CASE OF: BOARD DATE: 27 January 2020 DOCKET NUMBER: AR20190006571 APPLICANT REQUESTS: Correction of his record to show the authority and reason on his DD Form 214 (Report of Separation from Active Duty) as Army Regulation (AR) 635-200 (Personnel Separation Enlisted Personnel) paragraph 5-17 in lieu of 5-39. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 (ABCMR) 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 became disabled while on active duty at Fort Jackson, SC due to B2 inducement [sic] and chondromalacia. He was maybe deployed to Vietnam, Laos or Cambodia for a short while. There was an intentional mistake on his DD Form 214 that is a defamation of character. 3. A review of the applicant’s official records shows: a. On 28 May 1976, the applicant enlisted in the U.S. Army Reserve delayed entry program. b. On 4 June 1976, the applicant enlisted in the Regular Army. DA Form 2-1 (Personnel Qualification Record) shows he was assigned to E Company, 9th Battalion, 2nd Brigade, Fort Jackson for basic combat training. DA Form 2-1 section 1 (Identification Data) item 5 (Oversea Service) is void of any entries for service in Vietnam, Laos, or Cambodia. c. On 10 July 1976, the applicant was formally counseled due to being uncooperative with others, a slow learner, and lacking motivation to adjust to military life. The counseling official noted the applicant was counseled on numerous occasions, all with negative results. The counselor also noted on 24 June 1976, his performance in training started to fall far behind the rest of the platoon. On 19 June 1976 he refused an order to run during physical training claiming knee problems. The applicant was sent on sick call which he used as a crutch to go on sick call multiple times without any medical problems being found. d. On 15 July 1976, the applicant’s immediate commander initiated separation action against the applicant under the provisions of AR 635-200 paragraph 5-39. He cited his specific reason as a lack of motivation. He noted the final decision to separate the applicant rested with the discharge authority, and if his discharge was approved he would be given an honorable discharge. The applicant acknowledged notification of the proposed separation and characterization of service. He also waived his separation medical examination at that time. e. On 23 July 1976, the applicant’s intermediate commander, after having personally interviewed the applicant on 22 July 1976, recommended the applicant be discharged from the service as an unproductive Soldier. The separation authority ordered the applicant discharged under the provisions of AR 635-200 paragraph 5-39 with an honorable discharge. f. On 30 July 1976, the applicant completed an explanation of separation from service document in which he elected an explanation of the narrative reason, description and reenlistment code for his separation from the Army. g. On 30 July 1976, the applicant was honorably discharged. He completed 1 month and 27 days of net active service with 6 days of prior inactive service. Item 9c (Authority and Reason) of his DD Form 214 shows AR 635-200, paragraph 5-39. 4. AR 635-200: a. Paragraph 5-17 (Reserve Component personnel ordered to Active Duty Training (ADT) under Reserve enlistment program) states commanders of training installations are authorized to release Reserve Component personnel ordered to ADT under the Reserve enlistment program of 1963 upon completion of military occupational specialty training when training is completed prior to the period of time specified in ADT orders provided a minimum of 4 months ADT has been completed. b. Paragraph 5-39 (Trainee Discharge Program) in effect at the time provides that commanders may expeditiously separate members who lack necessary motivation, discipline, ability or aptitude to become a productive Soldier when the member is in basic combat training and will have completed no more than 179 days of active duty. The member must have demonstrated the inability to meet the minimum standards prescribed for successful completion of training because of a lack of aptitude, ability, motivation or self-discipline, and failed to respond to counseling. Members separated under this program will be awarded an honorable character of service. 5. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that are furnished individuals who are discharged from active military service. In item 9c, enter the statutory and/or regulatory authority for separation. BOARD DISCUSSION: The Board carefully considered the applicant's request and evidence in the records. The Board found insufficient evidence corroborating the applicant's claim to have had medical conditions that prevented his continued service. The Board noted that the applicant had repeated contact with medical providers, who found no problems. The Board also noted that the applicant's poor performance as a trainee was well documented and that the decision to discharge him under the trainee discharge program was justified. Based on a preponderance of evidence, the Board determined that the reason for discharge recorded on the applicant's DD Form 214 was not in error or unjust. 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 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-200 (Personnel Separations Enlisted Personnel): a. Paragraph 5-17 (Reserve Component personnel ordered to Active Duty Training (ADT) under Reserve enlistment program) states commanders of training installations are authorized to release Reserve Component personnel ordered to ADT under the Reserve enlistment program of 1963 upon completion of military occupational specialty training when training is completed prior to the period of time specified in ADT orders provided a minimum of 4 months ADT has been completed. b. Paragraph 5-39 (Trainee Discharge Program) in effect at the time provides that commanders may expeditiously separate members who lack necessary motivation, discipline, ability or aptitude to become a productive Soldier when the member is in basic combat training and will have completed no more than 179 days of active duty. The member must have demonstrated the inability to meet the minimum standards prescribed for successful completion of training because of a lack of aptitude, ability, motivation or self-discipline, and failed to respond to counseling. Members separated under this program will be awarded an honorable character of service.. 3. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that are furnished individuals who are discharged from active military service. Item 9c, enter the statutory and/or regulatory authority for separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006571 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1