RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 February 2007
      DOCKET NUMBER:  AR20060011384


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 at the time of his separation
processing, he was a young man without positive counsel to even begin to
understand the consequences of his actions.

3.  The applicant provides no additional 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 6 February 1979, the date of his discharge.  The
application submitted in this case is dated 3 August 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 record shows that he enlisted in the Regular Army and
entered active duty on 10 May 1977.  He successfully completed basic combat
training at Fort Leonard Wood, Missouri and advanced individual training
(AIT) at Fort Benjamin Harrison, Indiana.  Upon completion of AIT, he was
awarded military occupational specialty (MOS) 75B (Personnel Administrative
Specialist).

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows he
was promoted to private first class (PFC) on 10 May 1978, and that this is
the highest rank he attained while serving on active duty.  It also shows
that during his active duty tenure, he earned the Expert Marksmanship
Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship
Qualification Badge with Hand Grenade Bar.

5.  The applicant's record documents no acts of valor, significant
achievement, or service warranting special recognition.  It does reveal a
disciplinary history that includes his acceptance of non-judicial
punishment (NJP) under the provisions of Article 15 of the Uniform Code of
Military Justice (UCMJ) on the following four separate occasions for the
offense(s) indicated:  29 June 1978, for failing to obey a lawful general
regulation; 14 September 1978, for two specifications of failing to go to
his appointed place of duty at the prescribed time; 29 November 1978, for
leaving his guard post; and 18 January 1979, for violating a lawful general
regulation.

6.  On 23 January 1979, his unit commander notified the applicant of his
intent to initiate action to separate him under the provisions of the
Expeditious Discharge Program (EDP), and that he was recommending the
applicant receive a GD.  The unit commander cited the applicant’s poor
attitude and lack of self-discipline as the reasons for taking the action.


7.  The applicant acknowledged the notification in writing and indicated
that he voluntarily consented to the recommended EDP discharge.  He further
acknowledged that he understood that if he received a GD, he could expect
to encounter substantial prejudice in civilian life, and he acknowledged
that he had been afforded the opportunity to consult with legal counsel.
The applicant also elected not to make a statement in his own behalf.

8.  On 24 January 1979, the separation authority approved the applicant’s
separation under the provisions of the EDP, and directed the applicant
receive a GD.  On 6 February 1979, the applicant was separated accordingly.
 The separation document (DD Form 214) he was issued shows he was separated
under the provisions of paragraph 5-31, Army Regulation 635-200 (EDP) after
completing 1 year, 8 months, and 27 days of active military service.

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

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 5, paragraph 5-31, then in
effect, provided the policy and outlined the procedures for separating
individuals under the EDP.  The EDP provided for the separation of Soldiers
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.

11.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality of the member’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel (emphasis
added), or is otherwise so meritorious that any other characterization
would be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was a young man and did not fully
understand the consequences of his discharge was carefully considered.
However, the record shows he successfully completed both basic combat
training and AIT without incident, which shows he possessed the maturity
necessary to succeed in the Army.  In addition, he was properly notified
that his unit commander was recommending he receive a GD, and was advised
of the consequences of such a discharge, prior to his voluntarily
consenting to the discharge.

2.  The evidence of record confirms the applicant's separation processing
under the provisions of the EDP was accomplished in accordance with the
applicable regulation, and that the applicant voluntarily consented to the
discharge and elected not to make a statement in his own behalf.  All
requirements of law and regulation met, and his rights were fully protected
throughout the separation process.

3.  The applicant's record reveals an extensive disciplinary history that
clearly diminished the quality of his service below that meriting a fully
honorable discharge.  Therefore, absent any evidence of error or injustice,
there is an insufficient evidentiary basis to support an upgrade of his
discharge at this late date.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 February 1979, the date of his
discharge. Therefore, the time for him to file a request for correction of
any error or injustice expired on 5 February 1982.  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

___TSK  _  __LCB__  __LMD __  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.




                                  _____Ted S. Kanamine____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011384                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/27                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1979/02/06                              |
|DISCHARGE AUTHORITY     |AR 635-200 - Para 5-31                  |
|DISCHARGE REASON        |EDP                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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