MEMORANDUM OF CONSIDERATION


         IN THE CASE OF
        

         BOARD DATE: 26 August 2003
         DOCKET NUMBER: AR2003088768

         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.

Mr. Carl W. S. Chun		Director
Mr. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Robert L. Duecaster		Member
Ms. Marla J. Troup		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. 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 to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: The applicant requests, in effect, that Item 20 (Highest Education Level Successfully Completed) and Item 27 (Remarks) of his separation document (DD Form 214) be corrected.

APPLICANT STATES: In effect, that he graduated from Kiwanhee High School in 1967. He states that the entry in Item 27 (Remarks) “ Failure to maintain acceptable standards for retention (Expeditious Discharge Program)” is unjustified and wrong. He further states that the deletion of the entry in
Item 27 will assist him in his Post Traumatic Stress Disorder (PTSD) therapy. In support of his application, he submits a letter of support a Department of Veterans Affairs (DVA) PTSD patient care worker, and a copy of the DVA rating disability rating decision and associated medical documents, and a copy of his DD Form 214.

EVIDENCE OF RECORD: The applicant's military records show:

On 5 March 1976, he entered the Army for a period of 3 years. He completed training and was awarded military occupational specialty (MOS) 91B
(Medical Specialist). The highest rank and pay grade he attained while serving on active duty was private/E-2 (PV2).

The applicant’s record documents no acts of valor, significant achievement, or service warranting special recognition. However, it does reveal that on 15 March 1977, he was formally counseled for the illegal use of a government vehicle, carelessness, poor job performance, and inappropriate behavior in the company area.

The Personnel Qualification Record (PQR-DA Form 2-1) prepared on the applicant on 10 March 1976, which he last reviewed and authenticated on
2 December 1976, shows, in Item 17 (Civilian Education and Military Schools), that he completed three years of high school at Kiwanhee High School in 1967.

On 12 April 1977, the applicant was notified by his unit commander that separation action was being initiated to eliminate him from the Army under the provisions of Army Regulation 635-200, paragraph 5-37 (Expeditious Discharge Program), for failure to maintain acceptable standards for retention. The unit commander stated that his reasons for taking the action were the applicant’s inability to adapt socially and emotionally to the unit and military service, his failure to demonstrate promotion potential, and the infractions outlined in a
15 March 1977 letter of counseling.

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The applicant acknowledged receipt of the separation action notification and voluntarily consented to being discharged from the Army. His statement confirms that he was counseled on the effects of receiving a general discharge (GD) and he acknowledged that he was provided the opportunity to consult with legal counsel. In connection with his acknowledgment of the action, the applicant submitted a statement citing the reasons he felt he should receive an honorable discharge (HD).

On 5 May 1977, the separation authority approved the separation action and directed that the applicant receive an HD. On 10 May 1977, the applicant was discharged accordingly after completing a total of 1 year, 2 months, and 23 days of active military service.

The DD Form 2I4 issued to and signed by the applicant shows that he was administratively discharged under the provisions of paragraph 5-37, Army Regulation 635-200. Item 20 (Highest Education Level Successfully Completed) contains the entry “11” and Item 27 (Remarks) contains the entry “ Failure to maintain acceptable standards for retention (Expeditious Discharge Program).”

There is no evidence that the applicant applied to the Army Discharge Review board for a narrative reason change of his discharge within its 15-year statue of limitations.

Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4 contains item by item instructions for completing the DD Form 214. The instructions of Item 20 (Highest Education Level Successfully Completed) states the entry will include the education completed in military service as well as education completed prior to service as recorded in the Personnel Qualification Record (PQR). Item 27 (Remarks), will be used for entries authorized by Headquarters Department of the Army for which a separate item is not available on the DD Form 214, and to complete entries too long for their respective blocks.

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 have demonstrated that they cannot or will not meet acceptable standards required of enlisted personnel in the Army because of their poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally, and failure to demonstrate promotion potential may be discharged form the Army under the provisions of the Expeditious Discharge Program.

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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 Board notes the applicant’s contention that Item 20 (Highest Education Level Successfully Completed) and Item 27 (Remarks) of his separation document (DD Form 214) are incorrect. However, it finds insufficient evidence to support these claims.

2. The evidence of record confirms that the applicant’s administrative separation under the provisions of Army Regulation 635-200, paragraph 5-37 (Expeditious Discharge Program), for failure to maintain acceptable standards for retention processing was accomplished in accordance 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.

3. In view of the facts of this case, the Board finds that the narrative reason for the applicant’s separation was appropriately assigned based on the authority for his discharge. Therefore, the Board concludes that there is no basis changing the narrative reason for discharge entry contained in Item 27 (Remarks) of the applicant’s DD Form 214 at this time.

4. In addition, the applicant’s PQR confirms that he had only completed three years of high school at the time of his enlistment, and there is no evidence to show that he completed or obtained a high school diploma or equivalency diploma while on active duty. The applicant authenticated his DA Form 2-1 with his signature, thereby verifying the information contained therein, to include his civilian education, was correct at the time the PQR was prepared and last reviewed on 2 December 1976. Thus, the Board finds no error related to the entry contained in Item 20 (Highest Education Level Successfully Completed) of his DD Form 214.

5. 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.

6. 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

__RJW__ __MT__ __RLD _ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2003088768
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19770510
DISCHARGE AUTHORITY	AR635-200
DISCHARGE REASON	EDP
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 1021	100.000
2.926	144.9457
3.
4.
5.
6.