IN THE CASE OF:	

		BOARD DATE:	9 July 2009  

		DOCKET NUMBER:  AR20090001808 


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 be upgraded to honorable.

2.  The applicant states he desires an upgrade to better himself, to help get his life in order and back on track.

3.  The applicant provides no supporting documentation.

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.  On 31 July 1979 the applicant enlisted in the Regular Army with a 10th grade education.  He completed basic training but failed to complete advanced individual training (AIT). 

3.  On 16 November 1979 the applicant was found academically deficient and it was recommended he be recycled to attempt to complete his AIT training.

4.  He was counseled, on 23 January 1980, for his continued poor academic preformance and it was recommended he be dropped from the training program.

5.  On 7 February 1980 the applicant received nonjudicial punishment (NJP) under Article 15 Uniform Code of Military Justice, for failure to go to his appointed place of duty and for leaving his unit without authority.

6.  On 10 March 1980 the applicant acknowledged a proposal to discharge him under the provisions of Army Regulation 635-200, paragraph 5-31.  He acknowledged that he could expect to encounter substantial prejudice if he received a discharge under honorable conditions and that there was no automatic upgrading or review of the characterization of his service.  He waived his rights to counsel and to submit a personal statement.

7.  On 11 March 1980, his unit commander and two drill sergeants submitted statements recommending that the applicant be discharged as a two time AIT failure.  They described the applicant as lacking motivation, unable to make a rational decision, and constantly causing problems among the other Soldiers.  He had no goals in life and appeared immature and unstable.

8.  On 12 March 1980, the discharge authority approved the discharge under Army Regulation 635-200, paragraph 5-31, and directed that the applicant's service be characterized as under honorable conditions. 

9.  The applicant was discharged under honorable conditions on 20 March 1980 with 7 months and 20 days of creditable service.  The record contains no indication he was awarded any award, medals, decorations, or received any favorable or complementary letters.

10.  Army Regulation 635-200, sets forth the policies and procedures for enlisted personnel separations.  In pertinent part it provides that:

	a.  Chapter 5, as then in effect, provided, in pertinent part, for the Expeditious Discharge Program (EDP).  This program provided for separation of 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 they could not or would not meet acceptable standards.  Such personnel were issued a general or honorable discharge, as appropriate; and
	b.  Chapter 3 outlines the criteria for characterization of service.  It states that an honorable discharge is a separation with honor.  The honorable characterization of service is appropriate when the quality of the Soldier’s service generally has met the standards of acceptable conduct and performance of duty. A general discharge is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an honorable discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he desires an upgrade to better himself, to help get his life in order and back on track.

2.  The applicant never completed training and was considered a disruption to the training of other Soldiers.  He received no awards, medals, decorations, or letters of commendation or appreciation or any other favorable considerations during his limited period on active duty.  He did not meet the standards of acceptable conduct and performance of duty warranting an honorable characterization of service.

3.  The applicant's administrative separation was accomplished in compliance with applicable regulations.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

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)                                         AR20090001808





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ABCMR Record of Proceedings (cont)                                         AR20090001808



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