APPLICANT REQUESTS:  In effect, that his general discharge be upgraded to an honorable discharge.  He states, in effect, that he was young, stupid and inmature and that he signed papers that he really did not understand.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 16 February 1958.  He completed 12 years of formal education.  On 14 September 1976, the applicant enlisted in the Regular Army for 3 years.  His military occupational specialty 11B10 (Infantryman).  The highest grade he achieved was pay grade E-3.

Between 20 January 1977 and 22 February 1979, the applicant accepted five nonjudicial punishments under Article 15, Uniform Code of Military Justice, for five occasions of failure to repair and two occasions of being disrespecful.  His punishments included forfeitures, restrictions, extra duties and a reduction to pay grade E-2. 

On 9 May 1979, the applicant’s commander advised him that he was initiating action to separate him under the provisions of Army Regulation 635-200, paragraph 5-31, (Expeditious Discharge Program) with a GD.  The decision was based on the applicant’s failure to meet acceptable standards for continued military service.  The applicant acknowledged notification of the proposed discharge from the Army under the provisions of Army Regulation 635-200, paragraph 5-31,(

On 23 January 1973, a mental and a physical evaluation found the applicant fit for retention.