| Mr. | Chairperson | ||
| Mr. | Member | ||
| Mr. | Member |
| Mr. | Loren G. Harrell | Director | |
| Analyst |
APPLICANT REQUESTS: That his general discharge be upgraded
to honorable. He states that he voluntarily separated from the military and was not kicked out. He also states he has suffered long enough and that his discharge should be upgraded to honorable.
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:
The applicant enlisted in the Regular Army on 10 January 1975.
He was notified by his commander that action to separate him from the service was being contemplated under the provisions of Army Regulation 635-200, chapter 5, under the Expeditious Discharge Program (EDP) based on his failure to maintain acceptable standards for retention.
He acknowledged the recommendation and consented to be discharged, and elected not to submit a statement in his own behalf.
On 17 September 1975, his commander initiated the recommendation for elimination from the service under the provisions of Army Regulation 635-200, paragraph 5-37. He cited as the basis for his recommendation the applicant’s inability to successfully deal with his military commitment typified by his display of irresponsibility, lack of self discipline, and his negative attitude. He indicated he counseled the applicant several times for these reasons.
The appropriate authority approved the recommendation on 18 September 1975 and directed that he be furnished a General Discharge Certificate.
Accordingly, the applicant was discharged on 17 September 1975, under the provisions of Army Regulation 635-200, paragraph 5-37, for failure to maintain acceptable standards for retention. He had served 9 months total active service.
The Department of the Army began testing the EDP in October 1973. In a message dated 8 November 1974 the Deputy Chief of Staff for Personnel announced the expansion of the EDP. The program provided, for the separation of soldiers whose acceptability, performance of duty, and/or potential for continued effective service fall below the standards required for retention in the US Army. Soldiers may be separated under this program when subjective evaluation of their commanders identifies them as lacking qualities for continued military service because of attitude, motivation, self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential.
Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.
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.
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 17 September 1975, the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 17 September 1978.
The application is dated 28 February 1997 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
Loren G. Harrell
Director
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