RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            28 April 2005
      DOCKET NUMBER:  AR20040004945


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |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, in effect, that his general, under honorable
conditions discharge (GD) be upgraded to an honorable discharge (HD).

2.  The applicant states, in effect, that his ability to serve was impaired
by his age, immaturity and lack of education.  He further states that he
was married at a young age and was unable to comply with the Army’s strict
standards.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 20 October 1981.  The application submitted in this case
is dated
21 July 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 limitations 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’s record shows his date of birth is 9 December 1961 and
that he enlisted in the Regular Army and entered active duty on 6 January
1981, at the age of 19.  He successfully completed advanced individual
training (AIT) at
Fort Hood, Texas and was awarded military occupational specialty (MOS)
11B (Infantryman).

4.  The applicant’s record documents no acts of valor, significant
achievement, or service warranting special recognition.  His record reveals
a disciplinary history that includes his acceptance of nonjudicial
punishment (NJP) under the provisions of Article 15 of the Uniform Code of
Military Justice (UCMJ) on
27 March 1981.  This NJP action was for two specifications of his being
disrespectful to a senior noncommissioned officer.

5.  On 10 July 1981, his unit commander notified the applicant of his
intent to initiate action to separate him under the provisions of paragraph
5-31, Expeditious Discharge Program (EDP), Army Regulation 635-200.

6.  The unit commander also notified the applicant that he intended to
recommend he receive a GD and cited the applicant’s lack of self-discipline
and hostility toward the Army as the reasons for taking the action.

7.  The applicant consulted with legal counsel and was advised of the basis
for the contemplated separation action, its effects and of the rights
available to him. Subsequent to this counseling, the applicant voluntarily
consented to the discharge and elected not to make a statement in his own
behalf.

8.  The separation authority approved the applicant’s separation under the
provisions of the EDP and directed the applicant receive a GD.  On
20 October 1981, the applicant was separated accordingly.  The DD Form 214
issued to him upon his separation confirms he was separated under the
provisions of paragraph 5-31, Army Regulation 635-200, by reason of failure
to maintain acceptable standards for retention.  It also shows that at the
time, he had completed a total of 9 months and 15 days of active military
service.

9.  There is no indication in the record that the applicant applied for an
upgrade of his discharge to the Army Discharge Review Board within its 15
year statute of limitations.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 5, then in effect, provided the
policy and outlined the procedures for separating individuals under the EDP
who demonstrated that they could not or would not meet acceptable standards
required of enlisted personnel. An HD or GD could be issued under this
program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that his youth, immaturity and lack of civilian
education impaired his ability to serve was carefully considered.  However,
these factors are not sufficiently mitigating to warrant an upgrade of his
discharge at this late date.

2.  The evidence of record confirms that the applicant’s discharge
processing was accomplished in accordance with the applicable regulation in
effect at the time.  All requirements of law and regulation were met and
that the applicant’s rights were protected throughout the separation
process.  The record further confirms that the applicant voluntarily
consented to the discharge and that his discharge accurately reflects his
overall short and undistinguished 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.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 October 1981.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on
19 October 1984.  However, he failed to 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

___JI ___  ___PBF     ___REB _  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.




            ____John Infante  ______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040004945                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/28                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1981/10/20                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |EDP                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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