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		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20080020024 


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 that his general discharge under honorable conditions for the period 7 November 1989 through 5 November 1990 be upgraded to an honorable discharge.

2.  The applicant states, in effect, he was a member of the Armed Service from 1993 until he was honorably retired; therefore, his general discharge for the period of service from 7 November 1989 through 5 November 1990 should be upgraded to honorable.  He states that his general discharge for unsatisfactory performance was unjust because he performed all of his duties and he was voluntarily discharged.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 7 November 1989 through 5 November 1990, and a copy his DD Form 215 (Correction to DD Form 214, Certificate of Release from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records for the period of service from 7 November 1989 through 5 November 1990 are not available to for review.  This case is being considered using the DD Form 214 covering the stated period of service and military records created thereafter. 



2.  On 7 November 1989, the applicant enlisted in the Regular Army in New York City, New York.  He successfully completed his training as a cannon crewmember.

3.  The facts and circumstances pertaining to the applicant’s discharge are not available.  The DD Form 214 the applicant was furnished shows, on 5 November 1990, he was discharged under honorable conditions, under the provisions of Army Regulation 635-200, chapter 13, and that he was furnished a general discharge.  His narrative reason for separation was not reflected on the DD Form 214.  However, his DD Form 214 does show he was discharged in the rank of private (PVT)/E-1.  He completed 11 months and 29 days of net active service this period.

4.  On 14 November 1991, the applicant was issued a DD Form 215 that shows his DD Form 214 was amended to show in Item 28 (Narrative Reason for Separation) the entry “unsatisfactory performance.”

5.  The applicant enlisted in the Puerto Rico Army National Guard on 15 March 1994, for 6 years, in the pay grade of E-1.  He remained a member of the Army National Guard through a series of reenlistments and extensions. 

6.  The date the applicant was ordered to active duty is not available.  However, the applicant’s records show he was retained on active duty to participate in the Reserve Component Medical Holdover Retention Processing Program for completion of medical care and treatment.

7.  On 21 April 2009, the applicant was honorably retired under the provisions of Army Regulation 635-40, paragraph 4-24B(1), due to a permanent physical disability.  He had completed 1 year, 10 months, and 29 days of net active service this period and he had completed 12 years, 9 months, and 3 days of total prior inactive service.

8.  A review of the applicant’s records does not show that he ever applied to the Army Discharge Review Board for a change of his narrative reason for separation 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 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when in the commander's judgment the 


member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  

10.  Paragraph 3-7a of Army Regulation 635-200 (Enlisted Personnel) 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 contends that his general discharge for the period of service from 7 November 1989 through 5 November 1990 should be upgraded based on all of the service that he performed over the subsequent years until he was honorably retired on 21 April 2009.

2.  The applicant’s contentions were considered.  However, based on the available evidence his service was not fully honorable during his initial period of enlistment.  His DD Form 214 shows that he was discharged in the pay grade of E-1.  At the time that he retired his service was characterized as fully honorable and he was furnished a DD Form 214 to reflect this information.  However, the fact that his service subsequent to his discharge on 5 November 1990 was characterized as fully honorable is not a sufficient justification for granting the requested relief.  

3.  In accordance with the applicable regulation, commanders will separate a member under Army Regulation 635-200, chapter 13, when in the commander's judgment the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  There is insufficient evidence to show that his overall record of service was sufficiently meritorious to warrant an honorable separation for that period of service.

4.  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 has failed to submit evidence that would satisfy this requirement.

5. In view of the foregoing, there is no basis for granting the applicant's request.



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)                                         AR20080020024



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ABCMR Record of Proceedings (cont)                                         AR20080020024



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