RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 February 2005
      DOCKET NUMBER:  AR20040003384


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Ms. Marla J. Troup                |     |Member               |
|     |Mr. Peter B. Fisher               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his general under honorable conditions
discharge be upgraded to an honorable discharge, that his rank of Private,
E-2 (PV2) be restored, and that his reenlistment (RE) code be upgraded to
RE code 1.

2.  The applicant states that he was given an Article 15 in April 1980 and
he was discharged before his punishment time was up.  He feels he is
entitled to his previous rank of PV2 because he earned that based on his
experience in the Army.  He was discharged on the grounds of failure to
maintain acceptable standards but he might have been ill at the time.  At
no time was he given medical assistance.

3.  The applicant also states that he was given an EEG
(electroencephalogram) a few weeks before he was discharged which did not
permit him to serve the required time for his punishment or to complete his
enlistment.  There was no mention of that in his medical records.  He was
diagnosed with paranoid schizophrenia about a year after being discharged.
He believes he had it at an earlier age and was not aware of it.

4.  The applicant further states that his discharge was inequitable because
it was based on one isolated incident in 13 months of service with no other
adverse actions.  He was not given another chance or even asked if he
wanted to stay in the Army.

5.  The applicant provides his General Discharge Certificate; his advanced
individual training (AIT) completion certificate; his DD Form 214
(Certificate of Release or Discharge from Active Duty); a DA Form 2627
(Record of Proceedings under Article 15, UCMJ); one page of his DA Form 2-1
(Personnel Qualification Record); a request for civilian medical records
dated 31 March 2004; a psychiatric evaluation dated 10 November 1993; his
Associate in Arts diploma; and his Bachelor of Science diploma.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 27 June 1980.  The application submitted in this case is dated
25 June 2004.

2.  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.  This provision of law allows the Army
Board for Correction of Military
Records (ABCMR) to excuse failure to file within the 3-year statute of
limitation if the ABCMR determines that it would be in the interest of
justice to do so.  In this case, the ABCMR will conduct a review of the
merits of the case to determine if it would be in the interest of justice
to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 25 May 1979.  He
completed basic training and AIT and was awarded military occupational
specialty 63B (Wheel Vehicle Mechanic).

4.  On 11 December 1979, the applicant was given an EEG for a complaint of
involuntary twitching of his head.  Clinical jerking movement of the head
and extremities was observed repeatedly but no commensurate discharges from
the brain were seen.  No abnormalities were seen.  The impression was of a
normal awake and asleep EEG.

5.  On 16 April 1980, the applicant accepted nonjudicial punishment under
Article 15, Uniform Code of Military Justice for being disrespectful in
language towards his superior noncommissioned officer.  His punishment was
to be restricted for 14 days, to perform 14 days extra duty, to forfeit
$104.00 pay, and to be reduced to pay grade E-1.  The reduction was
suspended for 90 days, until 15 July 1980.

6.  On 28 April 1980, the applicant's suspended reduction was vacated and
directed to be executed.

7.  On 4 June 1980, the commander initiated separation action on the
applicant under the Expeditious Discharge Program.  The commander cited the
applicant's inability to adapt socially and emotionally to military
service, his one Article 15, and numerous counselings (if in writing, not
available). The commander recommended the applicant be furnished a General
Discharge Certificate.

8.  On 4 June 1980, the applicant acknowledged notification of the action
and voluntarily consented to the discharge.  He did not submit statements
on his own behalf.

9.  On 5 June 1980, the appropriate authority approved the recommendation
and directed the applicant be issued a General Discharge Certificate.

10.  On 9 June 1980, the applicant completed a separation physical and was
found qualified for separation.

11.  On 26 June 1980, the applicant was discharged with a characterization
of service of under honorable conditions (a general discharge), in pay
grade E-1, under the provisions of Army Regulation 635-200, paragraph 5-31.
 He had completed 1 year, 1 month, and 3 days of creditable active service
and had no lost time.  His DD Form 214 shows his rank and grade as Private
E-1 and his RE code as RE code 3.

12.  In December 1980, the applicant was awarded an Associate in Arts
degree.

13.  The 10 November 1993 psychiatric evaluation provided by the applicant
indicates his psychiatric history dated back to 1982 and that his diagnosis
was chronic schizophrenia, paranoid type.

14.  The applicant was awarded a Bachelor of Science degree in April 1987.

15.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  At the time, paragraph 5-31 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 could be
discharged.  It provided for the expeditious elimination of substandard,
nonproductive soldiers before board or punitive action became necessary.
No member would be discharged under the program unless he/she voluntarily
consented to the proposed discharge.  Issuance of an honorable discharge
certificate was predicated upon proper military behavior and proficient
performance of duty during the member’s current enlistment with due
consideration for the member’s age, length of service, grade and general
aptitude.  A general discharge is a separation from the Army under
honorable conditions of an individual whose military record is not
sufficiently meritorious to warrant an honorable discharge.

16.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

17.  Pertinent Army regulations provide that prior to discharge or release
from active duty individuals will be assigned RE codes based on their
service records or the reason for discharge.  Army Regulation 601-210
covers eligibility criteria, policies and procedures for enlistment and
processing into the Regular Army (RA) and the U.S. Army Reserve.  Chapter 3
of that regulation prescribes basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE
codes, including RA RE codes.

18.  RE code 3 applies to persons not qualified for continued Army service,
but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s separation was accomplished in compliance with
applicable regulations with no indication of procedural errors which would
tend to jeopardize his rights.  Contrary to his contention, the evidence of
record shows he voluntarily consented to the discharge as required by
regulation.

2.  The evidence of record shows the applicant was given an EEG in December
1979 but that no abnormalities were seen.  He was given a separation
physical in June 1980 and found to be qualified for separation.  It is
noted that it appears he was sufficiently well to complete his Associate of
Arts degree in December 1980, 6 months after his separation and about 2
years before the first note of his current diagnosis.

3.  The applicant had received an Article 15 on 16 April 1980 that included
a suspended reduction to Private, E-1; however, the suspension was vacated
on 28 April 1980 and there is no evidence of record to show he was advanced
to PV2 after that date.  His DD Form 214 properly reflects his rank and
grade as Private, E-1, the rank and grade he held at the time of his
separation.

4.  The applicant was given the proper RE code upon his discharge.  He was
not qualified for enlistment; however, the disqualification was waivable.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 June 1980; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 26 June 1983.  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__hof___  __mjt___  __pbf___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            __Hubert O. Fry_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003384                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050223                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1980/06/27                              |
|DISCHARGE AUTHORITY     |AR 635-200, ch 5. . . . .               |
|DISCHARGE REASON        |A93.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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