RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060001822


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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 narrative reason for separation be
changed on his DD Form 214 (Certificate of Release or Discharge from Active
Duty) for the period ending 7 September 1982.  He also requests that item
12f (Foreign Service) on his DD Form 214 for the period ending 21 March
1991 be corrected to show that he served 7 months and 19 days of foreign
service.

2.  The applicant states his narrative reason for separation should read
“Expeditious Discharge Program” instead of “Failure to Maintain Acceptable
Standards for Retention (EDP).”  He also states that the foreign service
shown on his DD Form 214 for the period ending 7 September 1982 was left
off of his DD Form 214 for the period ending 21 March 1991.

3.  The applicant provides two applications and two DD Forms 214, for the
periods ending 7 September 1982 and 21 March 1991.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
21 March 1991.  The applications submitted in this case are dated 30
January 2006.

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 military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of a DA Form 2-1 (Personnel Qualification Record); two DD Forms
214, for the periods ending 7 September 1982 and 21 March 1991;
certificates of training; letters of appreciation; reassignment orders,
dated 25 August 1982; discharge orders, dated 7 September 1982; and his
U.S. Army Reserve records.

4.  The applicant enlisted in the Regular Army on 31 October 1979 and
trained as a chapel activities specialist.  His DA Form 2-1 shows that he
served in Germany from 18 January 1982 to 6 September 1982, a total of 7
months and 19 days.

5.  The facts and circumstances surrounding the applicant’s separation are
not contained in the available records.  However, his DD Form 214 for the
period ending 7 September 1982 shows that he was separated under the
Expeditious Discharge Program for failure to maintain acceptable standards
for retention and transferred to the U.S. Army Reserve.  His reassignment
orders show he was separated with a general discharge.  His DD Form 214
states that his character of service was upgraded to honorable on 25
November 1983.

6.  Item 12f on the applicant’s DD Form 214 for the period ending 7
September 1982 shows that he served 7 months and 19 days of foreign
service.  Item
25 (Separation Authority) on this DD Form 214 shows the entry, "PARA
[paragraph] 5-31H(1), AR [Army Regulation] 635-200.”  Item 26 (Separation
Code) on this DD Form 214 shows the entry, "LGH."  Item 28 (Narrative
Reason for Separation) on this DD Form 214 shows the entry, "FAILURE TO
MAINTAIN ACCEPTABLE STANDARDS FOR RETENTION (EDP)."

7.  The applicant was ordered to active duty on 25 January 1991 in support
of Operation Desert Shield and was released from active duty on 21 March
1991.

8.  Item 12f on the applicant’s DD Form 214 for the period ending 21 March
1991 shows the entry, “00 00 00.”

9.  Army Regulation 635-200, in effect at the time, set for the basic
authority for the separation of enlisted personnel.  The pertinent
paragraph in chapter
5 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 may 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 this program unless he/she voluntarily
consented to the proposed discharge.  (This requirement was deleted with
interim change 4 dated 1 April 1982).  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 was not
sufficiently meritorious to warrant an honorable discharge.

10.  Army Regulation 635-5-1 (Separation Program Designator Codes)
prescribes the specific authorities (regulatory, statutory, or other
directives), the reasons for the separation of members from active military
service, and the separation program designators to be used for these stated
reasons.  The regulation, in effect at the time, stated the reason for
discharge based on separation code “LGH" is “Expeditious Discharge Program
(EDP) - Failure to maintain acceptable standards for retention” and the
regulatory authority is Army Regulation 635-200, paragraph 5-31h(1).

11.  Army Regulation 635-5 establishes the standardized policy for
preparing and distributing the DD Form 214.  The regulation in effect at
the time stated, in pertinent part, that item 12f of the DD Form 214 would
show the total amount of foreign service completed during the period
covered in block 12c (Net Active Service This Period).

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that
the applicant’s separation was administratively correct and in conformance
with applicable regulations.  Therefore, the narrative reason for
separation used in the applicant’s case is correct and was applied in
accordance with the applicable regulations.  While “EDP” was not spelled
out on his DD Form 214 for the period ending 7 September 1982, “FAILURE TO
MAINTAIN ACCEPTABLE STANDARDS FOR RETENTION” was a proper part of the
narrative reason.

2.  Since item 12f on the applicant’s DD Form 214 for the period ending
7 September 1982 properly reflects the foreign service (7 months and
19 days) he completed during the period of service covered by that DD Form
214, and in accordance with the governing regulation, there is no basis for
granting the applicant’s request to show this foreign service on his DD
Form 214 for the period ending 21 March 1991.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 21 March 1991; therefore, the time for the
applicant to file a request for correction of any error expired on 20 March
1994.  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

JA_____  _ML_____  _TR_____  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.




                                  ___James Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001822                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.0200                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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