IN THE CASE OF:	  

		BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100017791 


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 general discharge to honorable.

2.  The applicant states he was informed that after a certain amount of time his general discharge would become a fully honorable discharge. 

3.  The applicant provides no documentary evidence in support of his 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’s military records show he enlisted in the Regular Army in pay grade E-1, on 8 December 1971, for 3 years.  He completed the training requirements and he was awarded military occupational specialty 71H (Personnel Specialist).  The highest grade the applicant attained was private/pay grade E-2.

3.  On 23 November 1972, the applicant’s commander informed him that he was not being promoted to private first class due to his duty performance and attitude.

4.  The applicant was counseled by his supervisors on his failure to show adequate potential for promotion and advancement.  

5.  On 29 December 1972, the applicant’s commander recommended that the applicant be separated under provisions of Headquarters, Department of the Army (HQDA) message date time group (dtg) 242110Z September 1971, subject: Extension of the Qualitative Management Program to Grades E1 to E2.  The unit commander stated the action was being taken because of the applicant’s attitude towards the military and that his inattention to his assigned duties had resulted in numerous on-the-spot corrections by officers and noncommissioned officers in his unit.  The commander also stated the applicant had made up his mind to “get out” as soon as possible; therefore, attempts of rehabilitation would be of no value.  

6.  On 19 January 1973, the separation authority approved the recommendation for the applicant’s separation due to failure to demonstrate adequate potential for promotion advancement under the provisions of DA message DTG 24110Z September 1971, subject:  Extension of Qualitative Management Program to Grades E1 and E2 and directed that he be furnished a General Discharge Certificate.  

7.  The applicant was discharged in pay grade E-1 on 31 January 1973.  He was credited with 1 year, 1 month, and 23 days of total active service. 

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

9.  HQDA message dtg 242110Z September 1971, in effect at the time, contained the Army policy that authorized the separation of enlisted personnel for failure to demonstrate adequate potential for promotion or advancement.  



10.  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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would have jeopardized his rights.  

2.  In the applicant’s relatively short period of service it was determined by his commander that his attitude towards the military and his inattention to his assigned duties resulted in him being denied promotion to pay grade E-3.  His commander determined that he lacked motivation to successfully complete his military obligation and recommended that he be separated due to his failure to demonstrate adequate potential for promotion advancement. 

3.  Given the above, the applicant’s service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, he is not entitled to a fully honorable discharge.  Additionally, the applicant is advised that the Army does not now have, nor has it ever had, a policy of automatically upgrading an individual’s discharge based upon the passage of time.

4.  In view of the foregoing, there is no basis for granting the applicant’s request for an upgrade of his general discharge.

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)                                         AR20100017791



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ABCMR Record of Proceedings (cont)                                         AR20100017791



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