RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 July 2004
      DOCKET NUMBER:  AR2004100047


      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. Klaus P. Schumann             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Mr. Antonio Uribe                 |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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, upgrade of his General Discharge
(GD) to an Honorable Discharge (HD).

2.  The applicant states, in effect, that the wording used in his Chapter
13 discharge did not match his overall record of performance and he
contends that the supporting documents he submitted substantiates his
claim.  He states that he was not given the tools to assist him in his
weight loss.  He further states that since his separation from the Army he
has earned a Batchelor of Science degree, worked for non-profit
organizations, and conducted a recreation program for the Department of
Criminal Justice.

3.  In support of his application, the applicant provides the following
documents:  Self-Authored Letter; Headquarters, National Training Center
and Fort Irwin Orders Number 65-23, dated 1 April 1983; Individual Infantry
Training Certificate, dated 26 August 1981; Certificate of Achievement,
dated 26 August 1981; Run for Your Life (100 mile) Certificate, dated 26
August 1981; Run for Your Life
(50 mile) Certificate, dated 16 July 1981; Certificate of Training, dated
11 December 1981; Jungle Warfare Training Course Certificate, dated
17 September 1983; General Counseling Form (DA Form 4856), dated
31 December 1983; Texas A&M Transcript; Correction Officer Training
Certificate, dated 22 January 1998; and a Character Assessment, Department
of Corrections, Huntsville, Texas, dated 7 July 1989.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 September 1984.  The application submitted in this
case is dated 25 June 2003.

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’s record shows that he enlisted in the Regular Army and
entered active duty on 29 May 1981.  He was trained in, awarded, and served
in military occupational specialty (MOS) 11B (Infantryman).

4.  The applicant’s record also shows that he completed an overseas tour of
duty in Panama and that he earned the Army Service Ribbon, Parachutist
Badge, Sharpshooter Marksmanship Badge with rifle bar, and the Expert
Marksmanship Badge with Hand Grenade and Dragon Gunner Bars.

5.  The applicant's military records contain several counseling statements
during the period June 1983 through January 1984, which indicate that he
generally met requirements and standards.  However, all the counseling
statements refer to the applicant's need to meet or his inability to meet
Army weight control standards.

6.  The applicant's military records contain a 3rd endorsement, dated 2
December 1983, in which the applicant acknowledges his entry into the
Army Weight Control Program and his associated responsibilities to meet
weight control standards.  There is also an individual sick slip (DA Form
689), dated
2 December 1983, on file.  This document was signed by a medical official
and also confirms the applicant's enrollment in the Army Weight Control
Program.

7.  The record also contains a Dietary History Questionnaire, dated 16 May
1983, which indicates that the applicant was provided nutritional
counseling and a plan to assist him in his weight loss.  It further
indicates that the applicant was to be monitored on a weekly basis to
ensure he was making progress.

8.  The applicant's Personnel Qualification Record (PQR) shows that he was
absent without leave (AWOL) for 4 days during the period 2 through 4 August
1982.

9.  On 24 July 1984, the applicant's underwent a mental status evaluation,
which concluded that his behavior was normal, he was fully alert and fully
oriented.  It also indicated that his mood was unremarkable, his thinking
process was clear, his thought content was normal and his memory was fair.
The applicant was found to be mentally responsible and to have the mental
capacity to understand and participate in board proceedings.
10.  On 20 August 1984, the unit commander notified the applicant that
action was being initiated to separate him under the provisions of Chapter
13, Army Regulation 635-200, by reason of unsatisfactory performance.  The
applicant consulted with legal counsel and was advised of the basis for the
contemplated separation action, its effects, the rights available to him
and the impact of waiving those rights.  Subsequent to this counseling, the
applicant acknowledged that he understood that he could encounter
substantial prejudice in civilian life if he were issued a GD.

11.  On 27 August 1984, the separation authority approved the applicant’s
separation under the provisions of Chapter 13, Army Regulation 635-200, by
reason of unsatisfactory performance, and directed that he receive a GD.
On 12 September 1984, the applicant was discharged accordingly.

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

13.  Army Regulation 635-200 sets forth the requirements and procedures for
administrative discharge of enlisted personnel.  Chapter 13 of this
regulation, in effect at the time, provides for separation due to
unsatisfactory performance when in the commander’s judgment the individual
will not become a satisfactory soldier; retention will have an adverse
impact on military discipline, good order and morale; the service member
will be a disruptive influence in the future; the basis for separation will
continue or recur; and/or the ability of the service member to perform
effectively in the future, including potential for advancement or
leadership, is unlikely.  It further states that members who have failed to
meet body fat standards after applying the procedures in AR 600-9 (The Army
Weight Control Program) will be separated under this chapter.  Service of
soldiers separated because of unsatisfactory performance under these
provisions could receive either a GD or HD.

14.  Army Regulation 635-200, paragraph 3-7, provides that a GD is a
separation from the Army under honorable conditions.  When authorized, it
is issued to a soldier whose military record is satisfactory but not
sufficiently meritorious to warrant an HD.  A characterization of under
honorable conditions may be issued only when the reason for the soldier’s
separation specifically allows such characterization.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record includes Army Weight Control Program documents
that confirm the applicant was provided counseling and ample opportunity
over several months to conform to Army weight control standards.  However,
it appears, he failed to respond to these rehabilitative opportunities.

2.  The evidence of record further confirms that the applicant was AWOL for
4 days from 2 through 4 August 1984.  This factor, coupled with his
inability to conform to Army weight control standards diminished the
overall quality of his service below that warranting an HD.

3.  The applicant’s excellent post service conduct was also considered.
However, while his good character and conduct are admirable traits, these
factors alone do not provide a basis for upgrading his discharge at this
time.

4.  The record further 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 the rights
of the applicant were fully protected throughout the separation process.

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.


BOARD VOTE:

_FE_____  _KL_____  _AU____  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that he received an honorable
discharge on 12 September 1984, in lieu of the general, under honorable
conditions discharge of the same date he now holds and by providing him a
corrected separation document that reflects this change.




                __Fred N. Eichorn____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR200410047                             |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/07/20                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19840912                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Chap 13                                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 189   |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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