RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 October 2004
      DOCKET NUMBER:  AR2004102487


      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:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry C. Bergquist            |     |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, an upgrade of his general, under
honorable conditions discharge (GD) to an honorable discharge (HD).

2.  The applicant states, in effect, that he would like his discharge
upgraded.

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 14 December 1972.  The application submitted in this case
is dated 8 January 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’s military record shows he enlisted in the Regular Army
and entered active duty on 8 July 1971.  His Enlisted Qualification Record
(DA Form 20) shows he was trained in, awarded and served in military
occupational specialty (MOS) 76U (Communications/Electronics Repair
Specialist) and the highest rank he attained while serving on active duty
was private first class (PFC).  It also shows that during his active duty
tenure, he was awarded the National Defense Service Medal and Expert
Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant’s record documents no acts of valor, significant
achievement, or service warranting special recognition.  However, it does
reveal 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) and his receipt of formal counseling on conduct and
performance related issues.

5.  On 16 June 1972, the applicant accepted NJP for being absent without
leave (AWOL) from on or about 7 through on or about 15 June 1972.  His
punishment for this offense included a reduction to private/E-2 (PV2).
6.  On 23 June 1972, the unit commander formally counseled the applicant
regarding his candidacy for separation under the Qualitative Management
Program (QMP) due to his erratic performance of duty and admitted use of
hard drugs.  The unit commander in recording the applicant’s response to
the counseling indicated the applicant did not appear to be motivated to do
a better job or to discontinue the use of drugs.

7.  On 21 July 1972, the unit commander formally counseled the applicant on
the continued effects of his drug abuse.  During this counseling session
the applicant was informed of the importance of an HD and how easy it would
be for him to complete his time and receive an HD.  The applicant was also
notified of the need for him to perform so he could be promoted.  The
response of the applicant to this counseling was that he did not care to be
promoted and while his work was acceptable at times, he was not dependable.


8.  On 24 August 1972, the unit commander formally counseled the applicant
on a letter of indebtedness.  The unit commander indicated that during this
counseling, the applicant became hostile and after admitting to using
morphine, the applicant was counseled on the effects of his use of drugs.
The applicant was advised to return to the Mental Hygiene Clinic to receive
help.  The response of the applicant to this counseling was anti-military.


9.  On 20 September 1972, the unit commander counseled the applicant that
he could be separated under qualitative management provisions if his
attitude did not change quickly.  The applicant was again referred to the
Mental Hygiene Clinic and upon departing the commander’s office, the
applicant injected heroin.  The applicant’s response was that he did not
care about promotion or staying in the Army.  The applicant acknowledged
that he understood the QMP and that he could be eliminative from the Army
if his performance did not improve.

10.  On 30 October 1972, the unit commander notified the applicant that he
was recommending the applicant ‘s separation due to his lack of potential
for advancement under the provisions of Department of the Army Message
242110Z, September 1971.  The unit commander stated that he had been forced
to postpone the promotion of the applicant due to his failure to show the
stability of character and dependability necessary for promotion.  The unit
commander stated the applicant was an admitted drug abuser, with no
interest in discontinuing the use of drugs.  The unit commander recommended
the applicant receive a GD.

11.  The applicant acknowledged receipt of the unit commander’s separation
recommendation and on 16 November 1972, the separation authority approved
the applicant’s separation with a GD.  On 14 December 1972, the applicant
was discharged accordingly.  The separation document (DD Form 214) issued
to the applicant upon his separation shows he completed a total of 1 year,
4 months and 28 days of creditable active military service and accrued 9
days of time lost due to AWOL.

12.  Army Regulation 600-200, chapter 4, sets forth policy and prescribes
procedures for denying reenlistment under the QMP.  This program is based
on the premise that reenlistment is a privilege for those whose
performance, conduct, attitude, and potential for advancement meet Army
standards.  It is designed to enhance quality of the career enlisted force,
selectively retain the best qualified soldiers to 30 years of active duty,
deny reenlistment to nonprogressive and nonproductive soldiers, and
encourage soldiers to maintain their eligibility for further service.  DA
(DAPE-MPP) Msg 242110Z, September 1971, extended the provisions of the QMP
to allow for the early separation of soldiers in the grades of E-1 and E-2
who had failed to demonstrate adequate potential for promotion advancement.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant’s separation was due to
his failure to show adequate potential for advancement, as evidenced by his
disciplinary history and his failure to respond to rehabilitative measures.
 Further, his separation was accomplished in accordance with the applicable
regulation in effect at the time, his rights were fully protected
throughout the separation process and his discharge accurately reflects his
overall record of service.

2.  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.

3.  The evidence of record shows that the applicant should have discovered
the alleged error or injustice now under consideration on the date of his
discharge,
14 December 1972.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 13 December 1975.  However,
he 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 file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_KAN___  _JTM____  _LCB ___  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.




            _KATHLEEN A. NEWMAN__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102487                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/10/DD                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1972/12/14                              |
|DISCHARGE AUTHORITY     |DA Msg 242110Z September 1971           |
|DISCHARGE REASON        |QMP                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  360  |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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