APPLICANT REQUESTS: In effect, that his general discharge be upgraded to honorable. He states that his discharge was the result of family hardship caused by his being stationed in Germany. His commander told him that the only way out of this hardship situation was to accept a general discharge.
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 entered active duty on 29 June 1976 and after completion of basic and advanced training was assigned to Germany. The applicant was counseled on five occasions and received three Article 15s. Two of the Article 15s were for failure to go to appointed place of duty and the third for AWOL from
30 April to 26 May 1978.
On 12 June 1978 he voluntarily accepted his commanders recommendation for discharge under the Expeditious Discharge Program (EDP) for failure to maintain acceptable standards for retention. He was provided the opportunity to consult with counsel, advised of the adverse affects this discharge may have in civilian life, and did elect to submit a statement on his behalf. On 28 June 1978 he was given a general discharge and he had 2 years active duty service and 28 days lost time.
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
In l974, the Department of the Army authorized the Commander in Chief, United States Army Europe to test a new discharge program, entitled the Expeditious Discharge Program (EDP). This program provided that an individual who had completed at least 6 months, but less than 36 months of active duty and who demonstrated (by poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally or failure to demonstrate promotion potential) that they could not or would not meet acceptable standards could be separated under the EDP.
Title 10, U.S. Code, 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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on, 28 June 1978 the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 28 June 1981.
The application is dated 12 February 1996 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY1995 | 9506200C070209
He states he was discharged with known disabilities; mental and physical. 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. The time for the applicant to file a request for correction of any error or injustice expired on 24 July 1981. The applicant has not presented and the records do not contain sufficient justification to conclude that it would...
ARMY | BCMR | CY2012 | 20120011745
Application for correction of military records (with supporting documents provided, if any). The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The evidence of record shows that upon enlistment in the Army, the applicant listed his name as "Frxxxxx, Joxxxxx".
ARMY | BCMR | CY2001 | 2001061602C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant has not presented and...
ARMY | BCMR | CY2009 | 20090018870
The applicant requests the reason and authority and the Separation Program Designator (SPD) code for his discharge be updated. The applicant's commander requested that he be discharged under the provisions of the EDP. The applicant applied to the Army Discharge Review Board (ADRB) to have the reason for his discharge changed.
ARMY | BCMR | CY2010 | 20100016223
On 4 May 1979, the separation authority approved the applicant's discharge action and directed that he be issued a General Discharge Certificate. On 24 May 1979, he was accordingly discharged. The pertinent paragraph in chapter 5 provided that members who had completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who had demonstrated that they could not or would not meet acceptable standards required of enlisted personnel because of...
ARMY | BCMR | CY1997 | 9707173
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether he application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The appropriate authority approved the...
ARMY | BCMR | CY1997 | 9707173C070209
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether he application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant requests correction of military records as stated in the application to the Board and as restated herein. Accordingly, the applicant was...
ARMY | BCMR | CY2003 | 2003091014C070212
Accordingly, he was discharged under honorable conditions on 3 August 1978, under the provisions of Army Regulation 635-200, paragraph 5-31 and the Expeditious Discharge Program. There is no indication in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief...
ARMY | BCMR | CY2008 | 20080008296
The commander stated he was recommending that the applicants service be furnished a General Discharge Certificate. Individuals discharged under the provisions of this paragraph may be awarded an honorable or general discharge. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2010 | 20100030089
On 8 March 1978, the applicant's commander notified him that he was initiating action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-31 (Expeditious Discharge Program [EDP]), with a general discharge. The commander stated the reason for his proposed action was the applicant's inability to adjust to military life. There is no evidence and the applicant did not provide any to show that he applied for and was denied a...