BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110006495
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 upgrade of his general discharge.
2. The applicant states the charges were untrue. He drove the commanding officer's jeep. He was never disrespectful or belligerent and he received the Good Conduct Medal. He was promoted by General Westmoreland.
3. The applicant provides no supporting documents.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant volunteered for induction and entered active duty on 18 August 1970. He completed basic training but was absent without leave (AWOL) at Christmas time. He eventually completed advanced individual training as an artilleryman and was stationed in Europe.
3. He received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice on 10 January 1971 for AWOL (19 days); on 20 June 1971 for absence from his appointed place of duty; on 15 September 1971 for disobedience of a lawful order and breaking restriction; and on 4 November 1971 for absence from his appointed place of duty.
4. On 29 January 1972, the commanding officer recommended that the applicant be separated under the Qualitative Management Program (QMP) with a general discharge. He noted that the applicant had not been promoted due to inability to adjust either at work or socially. The applicant was frequently disrespectful and belligerent towards noncommissioned officers and other supervisory personnel. He noted the applicant had twice received NJP in the last 4 months. He had been counseled and an acknowledgement from the applicant was attached.
5. The intermediate commanders recommended approval of the recommendation and the separation authority directed separation with a general discharge and separation program number (SPN) 21U.
6. On 7 April 1972, the applicant was separated with a general discharge in pay grade E-2. His DD Form 214 (Report of Transfer or Discharge) showed he had 1 year, 7 months, and 2 days of total active service. His awards were listed as the National Defense Service Medal, Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.
7. Army Regulation 601-280, chapter 10, then set forth policy and prescribed procedures for denying reenlistment under the QMP. This program was based on the premise that reenlistment is a privilege for those whose performance, conduct, attitude, and potential for advancement meet Army standards. It is designed to (1) enhance the quality of the career enlisted force, (2) selectively retain the best qualified Soldiers to 30 years of active duty, (3) deny reenlistment to non-progressive and nonproductive Soldiers, and (4) encourage Soldiers to maintain their eligibility for further service. The program [which now operates under Army Regulation 635-200] applied to pay grades E-5 through E-9. Department of the Army Message 242110Z September 1971 extended it to the lower pay grades and prescribed that SPN 21U would be applied.
8. Army Regulation 635-200 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 members 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 discharged because his conduct, attitude, and potential for advancement did not meet Army standards. That this was the case is clearly demonstrated by the fact that he had received four NJP's and, after about a year-and-a-half of service, was still serving in pay grade E-2.
2. In view of the foregoing there is no basis for granting the applicant's requested relief.
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) AR20110006495
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006495
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140013820
The recommendation for separation was submitted on 24 September 1973 and the appropriate authority approved the recommendation on 6 November 1973 under the provisions of Department of the Army message date time group (DTG) 242110Z September 1971, Subject: Extension of QMP to grades E-1 and E-2, due to failure to demonstrate adequate potential for promotion advancement and directed that he be furnished a General Discharge Certificate. He was properly issued a SPN of 21U to indicate...
ARMY | BCMR | CY2010 | 20100011571
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following: * An upgrade of his character of service from under honorable conditions to honorable * Award of the Purple Heart, Air Medal, Army Commendation Medal, and all other awards that he may be entitled due to his Vietnam service 2. He states, in effect, his 201 file (Military Personnel Records Jacket) should show he received the Army Commendation Medal,...
ARMY | BCMR | CY2004 | 20040001756C070208
The applicant states that: a. the punishment he received was too harsh; b. under current standards he would not receive the same type of discharge; c. he had received previous awards and letters of commendation, and he had other acts of merit; d. he was generally a good service member, was close to finishing his enlistment, had a prior honorable discharge, and that he has been a good citizen since discharge; and e. his first sergeant was after him and he did not commit the offenses listed on...
ARMY | BCMR | CY2010 | 20100026011
The applicant requests an upgrade of his general discharge to an honorable discharge. He completed 1 year, 3 months, and 3 days of total active service. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2011 | 20110024035
Paragraph 13-10 of this regulation provides the service of Soldiers separated under this authority will be characterized as honorable or under honorable conditions as warranted by their military records. Army Regulation 635-200, paragraph 3-7a, states an honorable discharge is a separation with honor. Her record of service shows she did not meet the standards of acceptable conduct and performance of duty for an honorable discharge.
ARMY | BCMR | CY2013 | 20130003889
Further, she had been consistently counseled on her inability to function and had continued to show no measurable improvement. On 20 March 1973, the applicant acknowledged that she had been counseled concerning her conduct and that she understood that she may be denied advancement to the rank of private first class/E-3 and eliminated from the service with an honorable or general discharge if her conduct failed to improve. Army Regulation 635-200, paragraph 3-7a, states an honorable...
ARMY | BCMR | CY2012 | 20120001483
Subsequent to his RA discharge the applicant enlisted in the ARNG, receiving his last honorable discharge on 1 April 1996. However, other than the applicant's personal statement, the available record contains no documentation of the incident the applicant describes as the "cause" of his misbehavior that resulted in his discharge action. However, these actions are insufficient to upgrade his RA general discharge.
ARMY | BCMR | CY2010 | 20100022527
On 12 January 1972, the applicant's unit commander advised the applicant of the conditions that were jeopardizing his promotion advancement and that he could be discharged under the provisions of the Qualitative Management Program (QMP) as stated in Department of the Army (DA) Message 242110Z, September 1971, Subject: Extension of QMP to grade E-1 to E-2 with a general discharge, if he failed to demonstrate the standards of conduct and ability required of military personnel. An undated...
ARMY | BCMR | CY1997 | 9711472
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is...
ARMY | BCMR | CY2009 | 20090007751
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows that the applicant was AWOL for the period 1 February 1972 through 2 March 1972. 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.