BOARD DATE:	  16 January 2014

		DOCKET NUMBER:  AR20130006617 


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 change of his narrative reason for separation.

2.  The applicant states:

* his narrative reason for separation should have indicated financial hardship
* the official reason cited is an error and does not adequately reflect the circumstances in his situation or his character
* he was having financial hardship at the time and since then he has obtained a bachelors degree in Administration of Justice and a minor in Psychology in 2001
* he is currently working on his masters degree in Education

3.  The applicant provides no additional documentary 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 enlisted in the Regular Army on 4 February 1983 for a period of 3 years.  He completed his training and he was awarded military occupational specialty 91B (medical specialist).

3.  He was counseled for:

* failing to get a haircut
* being in the improper uniform for physical training and not having the correct shoulder patch
* failing to sign out on pass
* not being properly prepared for duty because he was unable to answer basic military knowledge questions

4.  On 18 May 1984, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for dereliction of duty on
4 May 1984.

5.  On 23 May 1984, he was notified of his pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 13, for unsatisfactory performance.  The unit commander cited the specific reasons for separation action was the applicant's inability to effectively perform his duties and his lack of potential for advancement to the next higher grade.

6.  On 4 June 1984, he consulted with counsel and acknowledged notification of his pending separation action.  He also acknowledged he understood that he might encounter substantial prejudice in civilian life if a general discharge was issued.  He elected to submit a statement in his own behalf; however, his statement is not contained in the available records.

7.  The appropriate separation authority approved the recommendation for separation and directed the issuance of a general discharge.

8.  On 25 June 1984, he was discharged under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance with a general discharge.  He completed 1 year, 4 months, and 22 days of creditable active service.
9.  On  1 June 2006, the applicant petitioned the ABCMR for an upgrade of his discharge.  On 18 January 2007, the ABCMR upgraded his discharge to honorable.

10.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:

* Item 25 (Separation Authority) the entry "AR (Army Regulation) 635-200, CHAPTER 13" 
* Item 26 (Separation Code) the entry "JHJ"
* Item 28 (Narrative Reason for Separation) the entry "UNSATISFACTORY PERFORMANCE"

11.  Army Regulation 635-200 sets forth the requirements and procedures for the administrative discharge of enlisted personnel.  Chapter 13, in effect at the time, provided for separation due to unsatisfactory performance when, in the commander's judgment, the individual would not become a satisfactory Soldier; retention would have an adverse impact on military discipline, good order, and morale; the service member would be a disruptive influence in the future; the basis for separation would continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, was unlikely.  Service of Soldiers separated because of unsatisfactory performance under this chapter would be characterized as honorable or under honorable conditions.

12.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation states the reason for discharge based on separation code "JHJ" is "unsatisfactory performance" and the regulatory authority is Army Regulation 635-200, chapter 13.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his narrative reason for separation should be financial hardship.  However, financial hardship has never been a reason for approving a hardship discharge.

2.  Based upon his disciplinary record it appears his commander appropriately used his discretion to separate the applicant for unsatisfactory performances.

3.  His narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of his separation.  

4.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20130006617



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ABCMR Record of Proceedings (cont)                                         AR20130006617



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