BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100023140 


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 his general discharge be upgraded to an honorable discharge.

2.  The applicant states the Regional Office [presumably the Department of Veterans Affairs] requested he update his general discharge to honorable.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 was inducted into the Army of the United States on 27 April 1971 and was awarded the military occupational specialty of food service specialist.

3.  On 8 September 1971, the applicant was arrested for larceny from an automobile.  He was released from confinement on 1 October 1971 and was returned to military control the same day.

4.  He accepted nonjudicial punishment (NJP) twice, once for failure to go at the time prescribed to his appointed place of duty and once for being absent without leave (AWOL) from 26 October 1971 to 10 January 1972.

5.  On 29 June 1972, he was convicted by a summary court-martial for being AWOL from 8 March to 28 May 1972.

6.  On 3 August 1972, the applicant's unit commander recommended that he be separated under the provisions of Department of the Army message, dated 242110Z September 1971, subject:  Extension of Qualitative Management Program (QMP) to Grades E-1 and E-2.  The applicant's commander stated he counseled the applicant concerning his possible elimination from the Army under the QMP.  The applicant claimed he had financial problems at home which disrupted his effectiveness in performing his duties.

7.  On 8 August 1972, the appropriate authority approved the applicant's separation and directed that he receive a general discharge.  Accordingly, on 18 August 1972 the applicant was given a general discharge in pay grade E-1.

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.  Department of the Army message, dated 242110Z September 1971, subject:  Extension of QMP to Grades E-1 and E-2, extended the QMP to include the ranks of E-1 and E-2.  The policy was designed to enable commanders to immediately separate individuals whose performance of duty, acceptability for the service, and potential for continued effective service fell below the standards required for enlisted personnel in the Army.  The policy was limited to:  (a) individuals who failed to be advanced to the grade of E-2 after 4 months of time in service; (b) individuals who failed to be advanced to the grade of E-3 after 4 months of time in grade as an E-2; and (c) individuals who were reduced to grade E-1 or E-2 who were subsequently not promoted to E-2 or E-3 within the above time frames following reduction.  Either an honorable or a general discharge was authorized for members separating under these provisions.

10.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  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 was arrested for larceny from an automobile and confined by civil authorities from 8 September 1971 to 1 October 1971, he was AWOL from 26 October 1971 to 10 January 1972 and from 8 March to 28 May 1972, he accepted NJP twice, and he was convicted by a summary court-martial.

2.  Such a record clearly shows the quality of the applicant's service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  As such, he is not entitled to an honorable discharge.

3.  The Board does not change a properly-issued discharge to establish entitlement to benefits from another agency.

4.  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 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)                                         AR20100023140



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ABCMR Record of Proceedings (cont)                                         AR20100023140



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