| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Elzey J. Arledge, Jr. | Chairperson | ||
| Mr. Thomas B. Redfern, III | Member | ||
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: In effect, that his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that he was young and did not understand the documents he was signing during his administrative separation from the Army.
EVIDENCE OF RECORD: The applicant's military records show:
On 10 July 1974, the applicant entered the Army for a period of 4 years. He completed training in and was awarded military occupational specialty (MOS)
11B (Light Weapons Infantryman).
The applicant’s record documents no acts of valor, significant achievement, or service warranting special recognition, and it confirms that highest rank he attained while on active duty was private first class/E-3 (PFC/E-3). However, it does contain an extensive disciplinary history that includes his receipt of a Letter of Reprimand (LOR), for failure to maintain minimum standards of personal appearances and physical proficiency. In addition, on 21 October 1975 he also accepted nonjudicial punishment (NJP), for damaging a truck and for being absent without leave (AWOL).
The record also shows that between 23 January and 1 July 1976, the applicant was formally counseled for the following disciplinary infractions: poor attitude; poor performance; overweight and appearance; drinking on duty; lack of punctuality; inability to adjust to military life; threats to go AWOL; failure to repair, disobeying a lawful order; late for work; riding sick call; and disrespect towards a NCO. The record also shows that the applicant was AWOL from 28 May to
29 June 1976.
The applicant was notified by his commander that separation action was being initiated to eliminate him from the Army under the provisions of the Expeditious Discharge Program (EDP), paragraph 5-37, Army Regulation 635-200. The commander cited the applicant’s poor attitude, lack of motivation and
self discipline, and his failure to adapt mentally to the Army. The applicant acknowledged receipt of the separation action notification and that he was counseled on the effects of being issued a GD. Subsequent to counseling, he elected not to submit a statement in his own behalf.
The separation action was approved by the appropriate authority and directed that the applicant receive a GD. On 30 September 1976, the applicant was discharged accordingly after completing a total of 2 years, 1 month and 18 days of active military service and accruing 33 days of time lost due to AWOL.
There is no indication in the record that the applicant applied to the Army Discharge Review Board (ADRB) requesting an upgrade to his discharge within its 15 year statute of limitations.
Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Paragraph 5-37, in effect at the time, stated that individuals who demonstrated that they could not or would not meet acceptable standards required of enlisted personnel because of their poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential may be discharged from the Army under the provisions of the EDP.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:
1. The Board notes the applicant’s contention that he was young and did not understand the administrative separation documents he signed at the time of his discharge from the Army, but it finds this claim lacks merit.
2. The evidence of record shows that the applicant’s administrative separation was accomplished in compliance with applicable regulations. The Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the Board concludes that the applicant’s discharge accurately reflects his overall record of service.
3. 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 has failed to submit evidence that would satisfy this requirement.
4. 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
__EJA__ __TBR___ ___KAH__ DENY APPLICATION
| CASE ID | AR2002074885 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/09/17 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 19760930 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | EDP |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.2400 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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