IN THE CASE OF:	  

		BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140001586 


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 an honorable discharge.

2.  The applicant states:

* he was needed back home to help in his family business
* at the time of his discharge he made an immature and very regrettable decision 
* he took a general discharge which was offered to him by his counsel rather than pursuing other options that would have most likely granted him an honorable discharge
* the reason he had to leave was due to hardship

3.  The applicant provides a letter from his father, dated 7 January 2014.

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 Army on 6 February 1973.  He completed training as a field wireman.

3.  The applicant accepted nonjudicial punishment (NJP) on 29 January 1974 and on 1 July 1975 for the following offenses:

* being absent without leave (AWOL) from 13 to 28 January 1974
* inducing another Soldier to put his hand through a window by betting him to perform the act
* being absent from his appointed place of duty
* being disrespectful in language toward a noncommissioned officer

4.  On 10 August 1975, the applicant was notified that action to eliminate him from the Army under the Expeditious Discharge Program (EDP) was being initiated.  The commander cited his inability to conform to basic military standards of conduct and discipline and his contempt for authorities as the basis for the elimination action.  He acknowledged receipt of the notification and the fact that he had received four counseling forms (not available) and numerous verbal counselings.  He elected not to submit a statement in his own behalf. 

5.  The appropriate authority approved the applicant's discharge under the EDP on 13 August 1975 and recommended the issuance of a general discharge.

6.  Accordingly, on 5 September 1975, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-37, under the EDP.  He completed 2 years, 6 months, and 15 days of total active service.  He received a General Discharge Certificate.

7.  The applicant provides a letter from his father contending that he became seriously ill and was unable to carry out the everyday duties needed to keep his business in operation.  The applicant's father contends the applicant was desperately needed at home to help maintain the family business due to a hardship.

8.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), as in effect at the time, set forth the basic authority for the separation of enlisted personnel.  It 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  There is no evidence in the available records showing the applicant ever attempted to receive a hardship discharge while he was in the Army.

3.  The available records show the applicant accepted NJP on two separate occasions.  He also acknowledged that he had received four counseling statements and he had been verbally counseled on numerous occasions.  The fact that he now believes he should have pursued other options such as requesting a hardship discharge is an insufficient basis for upgrading his general discharge to fully honorable.

4.  According to the applicable regulation, 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.  Considering his numerous acts of indiscipline, it appears that the type of discharge he received appropriately reflects his overall record of service.

5.  In view of the foregoing, the applicant's request should be denied.


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)                                         AR20140001586



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ABCMR Record of Proceedings (cont)                                         AR20140001586



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