RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 December 2004
      DOCKET NUMBER:  AR2004102915


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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 DD Form 214 (Report of
Separation from Active Duty) be corrected to show his character of service
as under honorable conditions in block 9e (Character of Service).

2.  The applicant states, in effect, that he has paper work which shows he
was given a general discharge under honorable conditions and that he was
denied medical treatment because his DD Form 214 incorrectly shows his
character of service as less than honorable.

3.  The applicant further states that while in the Army he injured his back
and was given a profile by the doctor due to the severe pain.  The
applicant continues that he could not lift, stand or stoop, and was ordered
to restrain from any physical activity.

4.  The applicant concluded that although he was discharged with a general
under honorable conditions his separation document indicates less than
honorable conditions.

5.  The applicant provides no supporting evidence with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 31 August 1976, the date of his separation from active service.
 The application submitted in this case is dated 20 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 entered the Army on 14 January 1976 for a period 4 years.

4.  Records show that during the period May 1976 through August 1976, the
applicant was counseled on seven occasions for his overall lack of
aptitude, attitude and motivation to meet minimum academic and physical
course standards.
5.  On 20 August 1976, the applicant was notified by his unit commander of
his pending separation under the provisions of paragraph 5-37 of Army
Regulation 635-200 (Enlisted Separations) for failure to meet acceptability
standards for continued military service.  The unit commander recommended a
General Discharge Certificate be issued to the applicant.

6.  On 24 August 1976, the applicant consulted with counsel, waived his
rights to have his case considered by a board of officers and elected not
to submit a statement on his own behalf.  The applicant acknowledged that
he understood he may expect to encounter substantial prejudice in civilian
life when a general discharge under honorable conditions is issued to him.

7.  On 25 August 1976, the separation authority approved the recommendation
for separation and directed that the applicant be furnished a General
Discharge Certificate (DD Form 257A).

8.  On 30 August 1976, the Assistant Adjutant General for Fort Benjamin
Harrison, Indiana directed that the applicant be discharged for failure to
meet acceptable standards for continued military service under the
provisions of paragraph 5-37 of Army Regulation 635-200 and that the
character of service on the applicant's DD Form 214 would show the entry
"Under Honorable Conditions."

9.  Fort Benjamin Harrison, Indiana Orders 43-42, dated 31 August 1976,
show that the applicant was issued a Department of Defense Form 256A
(Honorable Discharge Certificate) at the time of his discharge.

10.  The applicant was discharged with a general discharge on 31 August
1976, under the provisions of paragraph 5-37 of Army Regulation 635-200 for
failure to meet acceptability standards for continued military service.
The applicant had served 7 months and 17 days of total active service.

11.  The applicant's DD Form 214, dated 31 August 1976, shows in block 9e
that the applicant's character of service was "less than honorable
conditions."

12.  There are no medical treatment records available in the applicant's
service records, however, a Standard Form 93, Report of Medical History),
dated          27 August 1976, shows the applicant underwent a physical
examination under the Expeditious Discharge Program (EDP).  The Report of
Medical History, which is authenticated by the applicant's signature, shows
the entry "I am in good health and taking no medication."

13.  There is no indication that the applicant applied to the Army
Discharge Review Board for an upgrade of his discharge within the board's
15-year statute of limitations.

14.  Army Regulation 635-5 (Separation Documents) established the
standardized policy for preparing and distributing the DD Form 214.  The
regulation in effect at the time directs, in pertinent part, that the
purpose of the separation document is to provide the individual with
documentary evidence of their military service.  It is important that
information entered on the form should be complete and accurate.

15.  Army Regulation 635-200 (Personnel Separations-Enlisted Personnel) in
effect at the time, set forth the basic authority for the separation of
enlisted personnel established that 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.
When a member's service is characterized as general except when discharged
by reason of misconduct, unfitness, unsuitability, homosexuality, or
security, the specific basis for such separation will be included in the
individual's military personnel record.

16.  Paragraph 5-37 of Army Regulation 635-200 states, in pertinent part,
that under the Expeditious Discharge Program, individuals who have
demonstrated that they cannot or will not meet acceptable standards
required of enlisted personnel in the Army, because of the existence of one
or more of the following conditions, may be discharged:(1) poor attitude;
(2) lack of motivation; (3) Lack of self-discipline; (4) Liability to adapt
socially or emotionally; (5) failure to demonstrate promotion potential.
Individuals discharged under this program may be awarded an Honorable or a
General Discharge Certificate as deemed appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his character of service on his DD Form
      214 should be corrected to show general under honorable conditions.

2.  Records show that the discharge officials recommended and approved a
general discharge under honorable conditions.

3.  The applicant's DD Form 214 shows an entry in block 9e, which is
contrary to the characterization of service approved by the approving
authority.

4.  The applicant was approved for separation and directed by the approving
authority to be furnished a General Discharge Certificate (DD Form 257A).

5.  Records show that the applicant was discharged for failure to meet
acceptable standards for continued military service under the provisions of
paragraph 5-37, Army Regulation 635-200, and that item 9e of his DD Form
214 show his character of service as Under Honorable Conditions.

6.  Therefore, based on the forgoing, the applicant's DD Form 214 should be
corrected to show the entry "Under Honorable Conditions", in block 9e
characterization of service.

BOARD VOTE:

__YM ___  __RJW _  __ML____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 to show that he was issued a General
Discharge Certificate and his character of service as Under Honorable
Conditions.




                                  __   Yolanda Maldonado________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102915                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041216                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |DASA                                    |
|ISSUES         1.       |110.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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