BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100007722 


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 discharge under other than honorable conditions be upgraded to honorable. 

2.  The applicant did not provide a reason for his request.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this 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 enlisted in the Regular Army on 18 March 1980.  He completed initial entry training and was awarded military occupational specialty 31M (Multichannel Communications Equipment Operator).
3.  He accepted nonjudicial punishment on the following occasions:

	a.  on 20 September 1980, for being incapacitated for the performance of his duties as a result of a previous indulgence of intoxicating liquor;

	b.  on 4 February 1981, for being under the influence of alcohol while in an 
on-duty status; and

	c.  on 6 July and 24 August 1981, for failing to go to his appointed place of duty at the time prescribed;

4.  On 25 August 1981, the applicant was notified by his commander that action was being initiated to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-31 (Expeditious Discharge Program) with a General Discharge Certificate.  His commander stated as the reasons for the discharge the applicant's poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially and emotionally, and failure to demonstrate promotion potential.  

5.  The applicant, after consulting with counsel, acknowledged notification of the proposed separation action.  He was advised of the basis for the contemplated separation action under the provisions of paragraph 5-31, Army Regulation 
635-200, the effect on future enlistment in the Army, the possible effects of a general discharge, and of the procedures and rights available to him.  He voluntarily consented to this separation action and declined to make a statement in his own behalf.  The applicant further acknowledged that he understood if he were issued a general discharge, he could expect to encounter substantial prejudice in civilian life.  

6.  On 11 September 1981, the separation authority approved the applicant's discharge and directed he receive a General Discharge Certificate.  On 
16 September 1981, the applicant was discharged accordingly.  His DD Form 214 shows he completed 1 year, 5 months, and 29 days of creditable active military service and was separated for failure to maintain acceptable standards for retention.

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

8.  Army Regulation 635-200, in effect at the time, provided the basic authority for the separation of enlisted personnel.  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 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.  A general, under honorable conditions discharge was normally issued.

9.  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, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his discharge be upgraded to honorable. 

2.  Evidence shows he voluntarily consented to be discharged under the Expeditious Discharge Program.  His separation action was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  The type of discharge directed and the reason for separation were appropriate considering all the facts of the case.

3.  The applicant's history of indiscipline includes nonjudicial punishment on four occasions.  Based on his overall record, his service clearly does not meet the standards of acceptable conduct and performance for Army personnel.  Therefore, he is not entitled to an honorable discharge.

4.  In view of the foregoing, there is no basis for granting his 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)                                         AR20100007722



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)