IN THE CASE OF:	  

		BOARD DATE:	        9 September 2008

		DOCKET NUMBER:  AR20080005794 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Good Conduct Medal and upgrade of his general discharge to an honorable discharge.

2.  The applicant states that he was awarded the Good Conduct Medal, but cannot locate any record of this.  He reenlisted in March 1975 with the understanding that he would be able to stay at Fort Hood, Texas.  He states, in effect, that he was so disappointed when he was transferred to Germany that he "ended up getting out on my original three year obligation."

3.  The applicant provides no additional documents.

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 enlisted on 22 December 1972, completed training as a cook, and was advanced to pay grade E-4.

3.  Notwithstanding nonjudicial punishments on 28 January 1974, 17 June 1974 and 14 October 1974, he reenlisted with a waiver on 26 March 1975.  He was transferred to Germany on 12 August 1975.

4.  On 25 November 1975 the company commander initiated action to separate the applicant with a general discharge under the provisions of the Expeditious Discharge Program.  He cited the applicant's lack of motivation that had led to numerous counselings and a poor attitude that seemed to be based on a sense of entitlement which adversely impacted on the applicant's performance.
 
5.  The applicant voluntarily consented to the discharge, waived his right to submit statements in his own behalf, and acknowledged that he had a right to consult with counsel.

6.  The separation authority considered the recommendation that cited one nonjudicial punishment under Article 15 of the Uniform Code of Military Justice and three counseling statements as substantiation.  He approved the recommendation and directed that a general discharge be issued.

7.  On 17 December 1975 the applicant was separated under the provisions of the Expeditious Discharge Program.  During this second term of enlistment, he had 8 months and 7 days of creditable service and 15 days of lost time.

8.  In l974, the Department of the Army authorized the Commander in Chief, U.S. Army Europe to test a new discharge program, entitled the Expeditious Discharge Program.  This program provided that an individual who had completed at least 6 months, but less than 36 months, of active duty and who demonstrated (by poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally or failure to demonstrate promotion potential) that he or she could not or would not meet acceptable standards could be separated under the Expeditious Discharge Program.  Such personnel were issued a general or honorable discharge, as appropriate, except that a recommendation for a general discharge had to be initiated by the immediate commander and the individual had to be afforded the opportunity to consult with legal counsel.

8.  Army Regulation 672-5-1 (Military Awards), then in effect, provides that that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  It provides, in pertinent part, that "the record must indicate the soldier has willingly complied with the demands of the military environment, has been loyal and obedient…supported the goals…conducted himself/herself in such an exemplary manner as to distinguish…from fellow soldiers."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  There is no substantiating evidence to show that the applicant was awarded the Good Conduct Medal and his record does not justify doing so now.

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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X ___  ____X___  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.



      __________X_______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080005794





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ABCMR Record of Proceedings (cont)                                         AR20080005794



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