RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 September 2007
      DOCKET NUMBER:  AR20070005167


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Laverne V. Berry              |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 a fully honorable discharge (HD),
and that his reentry (RE) code be changed from RE-3 to RE-1.

2.  The applicant states, in effect, he never did anything wrong in the
service and he only requested discharge because of a death in the family.
He claims he was told he would be given an RE-1 code and was instead issued
an RE-3 code and he does not believe this is just.

3.  The applicant provides a self-authored statement in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 18 October 1977.  He successfully completed basic
combat training at Fort Jackson, South Carolina and advanced individual
training (AIT) at Fort Knox, Kentucky.  Upon completion of AIT, he was
awarded military occupational specialty (MOS) 19E (Tank Driver).

3.  The applicant's Personnel Qualification Record (DA Form 2-1) shows he
was advanced to private/E-2 (PV2) on 18 April 1978, and that this is the
highest rank he attained while serving on active duty.  It also shows he
was reduced to private/E-1 (PV1) for cause on 7 October 1978.  Item 21
(Time Lost) shows he accrued 10 days of time lost during a period of being
absent without leave (AWOL) between 21 and 30 January 1979.

4.  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:  4 September 1978, for failing to go to his appointed
place of duty at the time prescribed; 7 October 1978, for disobeying the
lawful order of and being disrespectful in language toward a superior
noncommissioned officer (NCO) in the execution of his office;
8 December 1968, for absenting himself form his place of duty; and 9
February 1969, for absenting himself from his place of duty.

5.  On 12 March 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
substandard performance, lack of cooperation with superiors and inability
to adjust to the military environment as the basis for taking the action.

6.  The applicant acknowledged the notification in writing and indicated
that he voluntarily consented to this 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.

7.  On 29 March 1979, the separation authority approved the applicant’s
separation under the provisions of the EDP, and directed the applicant
receive a GD.  On 5 APRIL 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, 5 months and 9 days of active military service, and
accruing 10 days of time lost due to AWOL.  It also shows that based on the
authority and reason for his discharge, he was assigned a separation
program designator (SPD) code of JGH and an RE code of RE-3.

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

9.  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.

10.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating Soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  The version in
effect at the time of the applicant's discharge stated, in pertinent part,
that the SPD code of JGH was the appropriate code to assign to Soldiers
separated under the provisions of paragraph 5-31, Army Regulation 635-200,
under the provisions of the EDP.  The SPD/RE Code Cross Reference Table in
effect at the time indicated that RE-3 was the proper code to assign
members separated with SPD code JGH.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he never did anything wrong and that he
only requested discharge based on a death in the family was carefully
considered.  However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant was properly notified by
his unit commander that he was initiating action to separate the applicant
under the provisions of the EDP and that he was recommending the applicant
receive GD based on his substandard performance and record of misconduct.
In addition, the record confirms the applicant was properly notified that
his unit commander was recommending he receive a GD, and that the applicant
was advised of the consequences of such a discharge, prior to his
voluntarily consenting to the discharge.

3.  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.

4.  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.
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:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JEA___  __LVB __  __RDG  _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____James E. Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005167                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/18                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1979/04/05                              |
|DISCHARGE AUTHORITY     |AR 635-200 Para 5-31                    |
|DISCHARGE REASON        |EDP                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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