IN THE CASE OF:	  

		BOARD DATE:	       23 October 2008

		DOCKET NUMBER:  AR20080013327 


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 an upgrade of his discharge.    

2.  The applicant states, in effect, that he had neither a blemish nor a legal court action that would have warranted a general discharge.  He also adds that he performed his duties and earned his rank based on his performance, and he stayed out of trouble throughout his military service.  He also served as a volunteer in the military hospital and all he asked for was reassignment to a medical unit to pursue a medical career.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Report of Separation from Active Duty), dated 30 October 1978.

	b.  Self-authored letter, dated 27 July 2008.

	c.  General Discharge Certificate, dated 30 October 1978.

	d.  Several certificates of achievement, appreciation, and recognition, dated on miscellaneous dates.  




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 records show that he enlisted in the Regular Army for a period of 3 years on 31 January 1977.  He completed basic combat training and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest rank/grade he attained during his military service was private first class (PFC)/E-3.

3.  The applicant’s awards and decorations include the Expert Marksmanship Qualification Badge with Grenade Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Grenade Launcher Bar (M-203).  His records do not reveal any special recognition, achievements, or distinction. 

4.  On 24 July 1978, the applicant was referred to the Mental Hygiene Consultation Service at Fort Campbell, Kentucky, for a psychiatric evaluation.  The military psychologist remarked that the applicant experienced stress due to his inability to cope with the pressure inherent within the military.  The military psychiatrists further recommended the applicant's expeditious discharge.

5.  On 19 September 1978, the applicant disclosed to the military chaplain that he was dissatisfied with the military and that his chain of command was not responsive to his needs.  The chaplain remarked that the applicant had also been in consultation with personnel at the Mental Hygiene at Fort Campbell, Kentucky, for nearly a year, and that in the opinion of medical personnel, the applicant did not possess a severe psychotic disorder, but manifested a neurotic disorder and was not interested in therapy to correct the disorder.  The military doctor believed further rehabilitative transfer was unwise and recommended that the applicant be separated.  The chaplain further remarked that the applicant's further retention did not serve the needs of the Army and that in view of the applicant's attitude of indifference towards therapy, he recommended his discharge.

6.  On 19 October 1978, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of paragraph 5-31, of Army Regulation (AR) 635-200 (Personnel Separations), by reason of failure to adapt to military life.  The immediate commander further remarked that the applicant was unable to emotionally adapt to Army life, his psychosomatic problems resulted in severe physical problems, his duty performance was unsatisfactory, and he completely lacked motivation.

7.  On 19 October 1978, the applicant acknowledged receipt of the notification of his proposed discharge from the Army.  He consulted with legal counsel and was advised of the basis for the contemplated separation from the Army under the provisions of paragraph 5-31 of AR 635-200, the effect on future enlistment in the Army, the possible effects of a general discharge and of the procedures and rights that were available to him.  He declined making a statement and voluntarily consented to this discharge.  He further acknowledged that he understood if he were issued a general discharge, he could expect to encounter substantial prejudice in civilian life. 

8.  On 19 October 1978, the applicant's immediate commander initiated separation action against the applicant under the provisions of paragraph 5-31 of AR 635-200.  The immediate commander specifically cited the applicant's inability to adapt socially or emotionally to military life and his continued unsatisfactory duty performance together with his lack of motivation to improve duty performance and desire not to remain in the Army.  The immediate commander further recommended a general discharge.

9.  On 20 October 1978, the separation authority approved the applicant's discharge and directed that he receive a General Discharge Certificate.  On 30 October 1978, the applicant was discharged accordingly.  The DD Form 214 he was issued confirms he completed a total of 1 year, 10 months, and 11 days of creditable active military service.

10.  There is no indication showing that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.




11.  In his self-authored letter, dated 27 July 2008, the applicant states that he is an ordained chaplain and has been working with veterans since his discharge to improve their lives.  He goes on to add that he has also been an emergency medical technician for the past 27 years with several academic and honorary degrees in divinity and theology.  He has been presented several certificates of achievement, recognition, and appreciation.

12.  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 under the Expeditious Discharge Program.  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.  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.

13.  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 post service academic and honorary degrees, certificates of achievement and recognition, assistance to veterans, and good standing in the community were considered.  However, they are not sufficiently mitigating to grant the applicant the requested relief in this case.



2.  The evidence of record shows that the applicant voluntarily consented to his discharge under the Expeditious Discharge Program.  The separation authority is presumed to have considered the applicant's military behavior and proficient performance of duty during his current enlistment with due consideration for the member's age, length of service, grade and general aptitude, and determined that a general discharge was appropriate.  The applicant was accordingly discharged.  The type of discharge directed and the reason for separation appear to be appropriate considering all the facts of the case.

3.  In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that 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.



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      _______ _   _______   ___
               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)                                         AR20080013327



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ABCMR Record of Proceedings (cont)                                         AR20080013327



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