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 applicants 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 applicants 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.
ARMY | BCMR | CY2009 | 20090009337
The applicant's DD Form 214 (Report of Separation from Active Duty) shows he was discharged on 14 August 1979 in accordance with the provisions of Army Regulation 635-200, paragraph 5-31 (EDP), for failure to maintain acceptable standards for retention, and his service was characterized as under honorable conditions. There is no evidence the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. Considering that the...
ARMY | BCMR | CY2011 | 20110011638
On 13 September 1979, the applicants company commander notified the applicant that he was initiating action to discharge the applicant under the provisions of Army Regulation 635-200, paragraph 5-31, under the Expeditious Discharge Program (EDP), with a general discharge. On 21 September 1979, the appropriate separation authority directed the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 5-31, for failure to meet acceptable standards for continued...
ARMY | BCMR | CY2001 | 2001057247C070420
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. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor. The...
ARMY | BCMR | CY2014 | 20140008242
The applicant requests an upgrade of his under other than honorable conditions discharge. e. A DD Form 214 that shows he was discharged on 24 March 1980 under the provisions of chapter 10 of Army Regulation 635-200, for the good of the service - in lieu of court-martial, with a character of service of under other than honorable conditions. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2001 | 2001062873C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The board recommended that the applicant be discharged for misconduct. On 22 June 1979, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 14, for misconduct with a discharge UOTHC.
ARMY | BCMR | CY2006 | 20060009131C070205
Jeffrey Redmann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant was discharged on 12 January 1983 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. The applicant’s service record shows he received nonjudicial punishment under Article 15 on five separate occasions and a bar to reenlistment.
ARMY | BCMR | CY2010 | 20100015582
However, a properly-constituted DD Form 214 shows the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 13, by reason of unsuitability with a general discharge. The DD Form 214 also shows the applicant held the rank of private/pay grade E-1 on the date of discharge and he completed a total of 8 months and 4 days of active military service. In this case, there is no evidence and the applicant did not submit any evidence that shows...
ARMY | BCMR | CY2009 | 20090012072
On 30 June 1983, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 14-12(b) of Army Regulation 635-200 (Personnel Separations) for a pattern of misconduct. On 27 July 1983, the separation authority approved the applicant's discharge under the provisions of chapter 14 of Army Regulation 635-200 by reason of patterns of misconduct and directed the applicant be furnished an under other than honorable...
ARMY | BCMR | CY2004 | 2004105081C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his discharge be upgraded from under other than honorable conditions to an honorable discharge.
ARMY | BCMR | CY2009 | 20090009284
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable or general discharge. The applicant's military records show that he enlisted in the Regular Army on 23 January 1979 for a period of 3 years and for assignment with the 24th Infantry Division. On 1 May 1980, the applicant acknowledged that he had been advised by his consulting counsel of the basis for the contemplated action to accomplish his separation for misconduct...