| Mr. Carl W. S. Chun | Director | |
| Ms. Antoinette E Farley | Analyst |
| Ms. Joann Langston | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That his general discharge (GD) under honorable conditions be upgraded to an honorable.
APPLICANT STATES: Nothing further and submits no additional evidence in support of his case.
EVIDENCE OF RECORD: The applicant's military records show:
On 17 July 1979, he enlisted in the Regular Army for a period of 3 years. He completed his military training and was awarded military occupational specialty
(MOS) 36K10 (Tactical Wire Operations Specialist) at Fort Gordon, Georgia on
18 October 1979. He was then transferred to Fort Polk, Louisiana for duty.
On 15 December 1979, the applicant, received nonjudical punishment (NJP) under the provisions of Article 15, Uniform Code Military Justice, for missing movement. His punishment included reduction to the pay grade of E-1, forfeiture of $200.00 pay, suspended for 45 days and extra duty for 30 days commencing on 4 January 1980.
On 28 January 1980, he received his second NJP for being absent without leave (AWOL) from 3 to 23 January 1980. His punishment included forfeiture of $200.00 and extra duty for a period of 30 days, not to exceed a total of
2 hours per day.
On the same day his unit commander initiated action to separate the applicant with a GD under the provisions of Army Regulation 635-200, paragraph 5-31, the Expeditious Discharge Program (EDP). The commander cited his quitter attitude, hostility toward the Army, inability to accept instructions and directions, clearly substandard performance and lack of cooperation with peers and superiors.
On 29 January 1980, the applicant acknowledged notification of the action, consulted with counsel and voluntarily consented to the discharge. He submitted no statements in his own behalf and received a medical evaluation, which cleared him for separation.
His Battalion Commander agreed with the recommendation that he be given a general discharge under honorable conditions and further recommended that he not be transferred to the Individual Ready Reserve (IRR) to complete his service obligation.
On 11 February 1980, he was discharged with a general under honorable conditions discharge in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 5-31. He had completed 6 months and 6 days of creditable active service and 18 days of lost time due to AWOL.
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.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The pertinent paragraph at the time 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 poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally or failure to demonstrate promotion potential may be discharged. It provides 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.
Under Paragraph 5-31h(1) of this regulation, in pertinent part, for the separation of individuals determined to clearly be substandard performers. This paragraph also provided for the separation of those individuals who obviously could not adjust to the Army environment, and or those who responded initially but within a short period of time demonstrated that they were incapable of permanent adjustment. Under this regulation a general or a honorable discharge was considered appropriate. Further, the regulation then in effect stated that no individual would be given a GD by the separation authority unless the commander initiating the action for separation recommended it and the soldier had the opportunity to receive legal counsel.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant's administrative separation under the EDP was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights. The applicant’s substandard record of service fully supported the directed discharge action, as evidenced by his attitude, performance and NJP actions.
2. The applicant was properly notified of the discharge action. He acknowledged the notification, his right to legal counsel and he stated that he understood the rights available to him and that he voluntarily consented to the EDP discharge. He also declined to make a statement in his own behalf.
3. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant therefore, has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__JL ___ ___MVT _ ___RTD _ DENY APPLICATION
| CASE ID | AR2002073093 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021017 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 1980-02-11 |
| DISCHARGE AUTHORITY | AR 635-200 PARA 5-31 |
| DISCHARGE REASON | A24.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | A126.00 |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2007 | 20070011562
On 16 November 1981, the separation authority approved the applicants discharge under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-31, the Expeditious Discharge Program (EDP) and ordered the applicant be furnished a General Discharge Certificate. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitation 11. Army Regulation 635-200 sets forth the basic...
ARMY | BCMR | CY2012 | 20120009757
The applicant requests his general discharge under honorable conditions be upgraded to an honorable discharge. On 24 December 1979, the applicant's immediate commander notified him of his intent to initiate action to discharge him from the Army under the provisions of paragraph 5-31 (Expeditious Discharge Program (EDP)), chapter 5 of Army Regulation 635-200. Based on his record of indiscipline, his service clearly does not meet the standards of acceptable conduct or performance of duty for...
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 | CY2010 | 20100012775
IN THE CASE OF: BOARD DATE: 23 September 2010 DOCKET NUMBER: AR20100012775 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Based on his overall record his service does not meet the standards of acceptable conduct and performance of duty for Army personnel. He continued to serve on active duty from the date he was released from the hospital (29 November 1979) to the date he was discharged from the Army (6 October 1980) coupled with the fact that he was never issued a permanent physical...
ARMY | BCMR | CY2001 | 2001066186C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant's discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by militarypersonnel.
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 | CY2005 | 20050001468C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 November 2005 DOCKET NUMBER: AR20050001468 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. On 17 September 1980, the applicant's commander initiated action to separate him under the Army's expeditious discharge program (EDP). Records show the applicant should have discovered the alleged error or injustice...
ARMY | BCMR | CY2005 | 20050001468C070206
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. On 17 September 1980, the applicant's commander initiated action to separate him under the Army's expeditious discharge program (EDP). Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 October 1980; therefore, the time for the applicant to file a request...
ARMY | BCMR | CY2010 | 20100025503
The applicant requests an upgrade of his under honorable conditions discharge to an honorable discharge. On 1 February 1980, his commander notified him that he was being recommended for release from active duty and transfer to the U.S. Army Reserve Individual Ready Reserve or discharge from the Army under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-31 (Expeditious Discharge Program (EDP)). ____________X_____________ CHAIRPERSON I...
ARMY | BCMR | CY2004 | 20040000053C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 January 2005 DOCKET NUMBER: AR20040000053 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. The available evidence does not show that the applicant has ever applied to the Army Discharge Review Board for an upgrade of his discharge under that boards 15-year statute of limitation. The Board determined that...