IN THE CASE OF:	  

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140013820 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show a more favorable Separation Program Number (SPN) and that he be compensated for the injustice.

2.  The applicant states that he has just discovered that his DD Form 214 contains a stigmatizing SPN upon his discharge and no due process was given because he was never given the opportunity to defend himself or given a hearing. 

3.  The applicant provides a copy of his DD Form 214.

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 28 July 1972 for a period of      3 years and assignment to Hawaii.  He completed his basic training at and was transferred to Hawaii on 19 October 1972 for training as an infantryman and assignment.  He completed his training and was assigned to 1st Battalion, 19th Infantry Regiment.

3.  From March through September 1973, the applicant was counseled on numerous occasions for issues such as his substandard performance, failure to go to his place of duty, poor appearance, and writing bad checks.  During this period his commander advised him that he was not being recommended for promotion to the pay grade of E-3 and that he was being considered for discharge under the Qualitative Management Program (QMP).  He also advised the applicant of what was expected if he expected to be promoted and retained in the Army.

4.  On 17 August 1973, the applicant was again counseled by his commander and was informed that he was not being recommended for promotion and that he would be recommended for discharge under the QMP if his attitude and performance did not improve.

5.  On 17 September 1973, the applicant’s commander informed him that he was being recommended for separation under the QMP due to his continuous shabby appearance, un-military bearing, lackadaisical attitude, irresponsibility in pay debts, continuous mistakes, and unsatisfactory conduct and efficiency.

6.  On 24 September 1973, the applicant acknowledged that he had received counseling, advice and punitive actions as certified by his commander and prior to the request for discharge he had full understanding of the impact of failure to demonstrate the standards of conduct and ability.  He elected not to submit a statement in his own behalf.

7.  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.

8.  On 8 November 1973, he was discharged under honorable conditions under the provisions of Department of the Army message DTG 242110Z September 1971 due to failure to demonstrate adequate potential for promotion advancement.  He had served 1 year, 3 months, and 11 days of active service and was issued an SPN of 21U.
9.  Department of the Army message DTG 242110Z September 1971, Subject: Extension of QMP to grades E-1 and E-2, expanded the QMP to the pay grade of E-1 and E-2 for those personnel who failed to demonstrate adequate potential for promotion advancement.  The appropriate SPN for separation under that authority was “21U” (Separation for failure to demonstrate adequate potential for promotion). 
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation under the provisions of Department of the Army message DTG 242110Z September 1971 was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights.

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.  He was properly issued a SPN of 21U to indicate separation for failure to demonstrate adequate potential for promotion.

3.  The applicant’s contentions have been noted and found to lack merit.  The applicant was properly notified of the basis for the recommendation for discharge and he was afforded the opportunity to submit matters in his own behalf and elected not to do so.  He also acknowledged that he had been counseled beforehand and understood before the recommendation was submitted why it was submitted.  

4.  Accordingly, there does not appear to be any basis to grant his request for a change of his SPN. 

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)                                         AR20140013820





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ABCMR Record of Proceedings (cont)                                         AR20140013820



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