IN THE CASE OF:	  

		BOARD DATE:	    15 May 2012

		DOCKET NUMBER:  AR20110022703 


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, under honorable conditions discharge be upgraded to an honorable discharge.

2.  The applicant states he initiated his early discharge for family reasons and it was not the result of disciplinary reasons or bad conduct.  He was wrongly advised on the company and battalion level that he was not eligible to receive an honorable discharge.  He has since learned that others received the same discharge as he did only theirs were honorable discharges.

3.  The applicant provides no additional evidence.

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 records show he enlisted in the Regular Army on 12 August 1975 and held military occupational specialty 36C (Lineman).  The highest rank/grade he attained while serving on active duty was private first class/E-3.

3.  On 3 August 1976, he was notified by his immediate commander that discharge action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph
5-37, for his lack of interest and motivation, his inability to adjust to a military environment, and his inability to adjust to established military policies and procedures.  The commander stated the applicant expressed his desire for elimination from the service and he was recommending the applicant be given a general discharge.

4.  On 3 August 1976, he acknowledged notification of his proposed discharge from the Army.  He subsequently consulted with legal counsel and he was advised of the basis for the contemplated separation action, the possible effects of a general, under honorable conditions discharge, and of the procedures and rights that were available to him.  He voluntarily consented to this discharge.  He further acknowledged that he understood if he were issued a general discharge, he could expect to encounter substantial prejudice in civilian life.  He also elected not to submit a statement in his own behalf.

5.  On 4 August 1976, his immediate commander recommended the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 5-37, with the issuance of general discharge.  The commander stated the applicant had been counseled concerning his lack of interest and motivation.  The applicant felt he was wasting his and the Army's time by remaining in the service and had requested the elimination action.  

6.  On 5 August 1976, his senior commander recommended approval of the discharge with the issuance of a general discharge.

7.  On 6 August 1976, the separation authority approved his discharge under the provisions of Army Regulation 635-200, paragraph 5-37, and directed the issuance of a General Discharge Certificate.  

8.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he was discharged on 17 August 1976 under the provisions of Army Regulation 635-200, paragraph 5-37, under the expeditious discharge program with an under honorable conditions characterization of service.  He completed 1 year and 6 days of creditable active service.  

9.  There is no indication he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

10.  Chapter 5, Army Regulation 635-200, in effect at the time, 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 that 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.  Issuance of an honorable discharge certificate was predicated upon proper military behavior and proficient performance of duty during the member's current enlistment with due consideration for the member's age, length of service, grade, and general aptitude.  A general discharge is a separation from the Army under honorable conditions of an individual whose military record was not sufficiently meritorious to warrant an honorable discharge.

11.  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 evidence of record shows the applicant demonstrated that he could not or would not meet acceptable standards required of enlisted personnel as evidenced by his commander's report of the applicant's lack of interest and motivation, and his inability to adjust to a military environment.  Accordingly, his commander initiated separation action against him.  

2.  His separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  He was counseled that he was being recommended for a general discharge and he voluntarily consented to his discharge.  The type of discharge directed and the reason for separation therefore were appropriate.  

3.  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)                                         AR20110022703





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ABCMR Record of Proceedings (cont)                                         AR20110022703



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