PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 October 2002
	DOCKET NUMBER:   AR2002076604

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
records
	Exhibit B - Military Personnel Records (including
advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that her general discharge under honorable conditions be upgraded to fully honorable.

3.  The applicant states that she has continued to serve her country honorably since being discharged.  She provides no supporting evidence.

4.  The applicant’s military records show that she enlisted in the Regular Army on 13 February 1974 for 3 years.  She completed basic training and advanced individual training and was awarded military occupational specialty 71B (Clerk Typist).

5.  The applicant was promoted to Specialist Four, E-4 on 1 May 1975.  She received an Enlisted Efficiency Report (EER) for the period ending June 1975 in which she received two outstanding and four excellent ratings in the six areas of characteristics and an advancement potential rating of promote with contemporaries.

6.  On 1 April 1976, the applicant's commander recommended her for separation under the Expeditious Discharge Program (EDP).  He cited as reasons her poor attitude, lack of motivation, and inability to adapt socially or emotionally.  He recommended she be furnished a General Discharge Certificate.  

7.  On 2 April 1976, the applicant acknowledged notification of the action and voluntarily consented to the discharge.

8.  On 2 April 1976, the applicant's commander forwarded his recommendation to the approval authority.  He noted that the applicant had received no Article 15s, no courts-martial, and no counselings.

9.  On 2 April 1976, the appropriate authority approved the recommendation and directed the applicant be furnished a General Discharge Certificate.

10.  On 19 April 1976, the applicant was discharged with a general discharge under honorable conditions in pay grade E-4, under the provisions of Army Regulation 635-200, paragraph 5-37.  She had completed 2 years, 2 months, and 7 days of creditable active service and had no lost time.

11.  The applicant served in the Army National Guard from June 1976 - June 1977, when she was honorably discharged, and from August 1980 - August 1981, when she was honorably discharged.  She enlisted in the U. S. Army Reserve in March 1984 and was transferred to the U. S. Army Reserve Control Group 

(Reinforcement) on 12 June 1990.  She was honorably discharged form the U. S. Army Reserve on 24 April 1991.  It cannot be determined if she is currently in the U. S. Army Reserve.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  At the time, the paragraph 5-37 provided that members who completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who demonstrated that they could not or would not meet acceptable standards required of enlisted personnel because of poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally or failure to demonstrate promotion potential could be discharged.  It provided for the expeditious elimination of substandard, nonproductive soldiers before board or punitive action becomes necessary.  No member would be discharged under this program unless he/she voluntarily consented to the proposed discharge.  

13.  Army Regulation 635-200 states that issuance of an honorable discharge certificate is predicated upon proper military behavior and proficient performance of duty during the member’s current enlistment with due consideration for the member’s age, length of service, grade and general aptitude.  A general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge.

CONCLUSIONS:

1.  There is nothing in the applicant's Regular Army records to show her service was not sufficiently meritorious to warrant an honorable discharge.  It would be equitable to grant the relief requested, not because of her subsequent service (which, while commendable, is immaterial in characterizing the period of service in question) but because her commander failed to adequately document her records (not even a record of counselings ) to justify not giving her a fully honorable discharge.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was separated from the service with an Honorable Discharge Certificate on 19 April 1976.

2.  That the Department issue to the applicant an Honorable Discharge Certificate from the Army of the United States, dated 19 April 1976, in lieu of the General Discharge Certificate of the same date now held by her.

3.  That the applicant be issued a new Report of Separation from Active Duty, DD Form 214, reflecting the above corrections.

BOARD VOTE:  

__JHL__  __MVT__  ___RTD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JoAnn H. Langston   _
		        CHAIRPERSON

INDEX

CASE ID	AR2002076604	
SUFFIX		
RECON		
DATE BOARDED	2002/10/17	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19760419	
DISCHARGE AUTHORITY	AR 635-200, para 5-37	
DISCHARGE REASON	A04.00	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.