IN THE CASE OF:	  

		BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20140014870 


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 her general discharge be upgraded to a fully honorable discharge.

2.  The applicant states that she is trying to obtain automobile insurance that is discounted for veterans from USAA; however, they do not understand that a general under honorable conditions discharge translates into an honorable discharge.  Accordingly, she desires her DD Form 214 to reflect an honorable discharge to avoid any confusion by the people at USAA.

3.  The applicant provides no additional documents with her application.

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 31 March 1980 for a period of 4 years and training as a computer machine operator.  She completed her basic training at Fort Jackson, South Carolina and her advanced individual training at Fort Benjamin Harrison, Indiana and was transferred to West Point, New York for her first and only duty assignment.

3.  On 9 October 1980 nonjudicial punishment (NJP) was imposed against the applicant for disobeying a lawful order from a superior commissioned officer.

4.  On 23 October 1980, NJP was imposed against the applicant for being absent without leave (AWOL) from 14 to 15 October 1980. 

5.  On 3 November 1980, the applicant’s commander notified the applicant that he was initiating action to discharge her from the service under the provisions of Army Regulation 635-200, paragraph 5-31 and the Expeditious Discharge Program (EDP).  He cited as the basis for his actions the applicant’s disciplinary record, failure to respond to counseling, her continuing poor attitude and her inability to adjust to Army life.

6.  The applicant voluntarily consented to the discharge and elected not to submit a statement in her own behalf. 

7.  The appropriate authority approved the recommendation for discharge on 21 November 1980 and directed that she be furnished a General Discharge Certificate.

8.  Accordingly, she was released from active duty under honorable conditions on 25 November 1980 under the provisions of Army Regulation 635-200, paragraph 5-31h (1) and the Expeditious Discharge Program.  She had served 7 months and 24 days of active service.

9.  There is no evidence in the available records to show that she applied to the Army Discharge Review Board for an upgrade of her discharge within that board’s 15-year statute of limitations.

10.  The Department of the Army began testing the EDP in October 1973.  In a message, dated 8 November 1974, the Deputy Chief of Staff for Personnel announced the expansion of the EDP.  The program provided for the separation of Soldiers whose acceptability, performance of duty, and/or potential for continued effective service fall below the standards required for retention in the Army.  Soldiers could be separated under this program when subjective evaluation of their commanders identified them as lacking qualities for continued military service because of attitude, motivation, self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-7a states 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 applicant’s administrative discharge was accomplished in accordance with applicable regulations with no violations of the applicant’s rights.  Accordingly, her discharge and the reasons therefore were appropriate under the circumstances.

2.  The evidence shows that the applicant was discharged in the pay grade of   E-2 due to failure to maintain acceptable standards for retention.

3.  The applicant’s contentions have been noted and found to lack merit when considering her repeated misconduct and undistinguished record of service.  Additionally, the Board does not upgrade discharges simply to qualify individuals for benefits.

4.  Therefore, since there appears to be no error or injustice in his case, there is no basis for granting her request for an upgrade of her discharge.

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)                                         AR20140014870



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ABCMR Record of Proceedings (cont)                                         AR20140014870



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