IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150002880 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 honorable. 2. The applicant states, in effect: * he was not given enough time to complete a weight loss program * after 25 years, he is trying to clean up his life and make everything right 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 enlisted in the Regular Army on 13 June 1984 for a period of 3 years. He completed his training and was awarded military occupational specialty 76X (subsistence supply specialist). 3. Records show he was placed in a weight control/physical exercise program for being overweight on: * 22 January 1985 * 16 October 1985 4. Between October 1985 and May 1986, he was counseled for: * failing inspection due to substandard military appearance * bouncing a check * suspension of check cashing privilege * indebtedness 5. On 3 February 1986, a bar to reenlistment was imposed against him. 6. On 21 May 1986, he was notified of his pending separation for unsatisfactory performance under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 13. His unit commander specified the following reasons for the proposed action: * he had problems with dishonored checks * he was late to formations * his military bearing had deteriorated * he failed his physical fitness test * he was a two-time failure in being overweight * he was unable to develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier * his retention would have an adverse impact on military discipline, good order, and morale * he was likely to have a disruptive influence in present or future assignments * the circumstances forming the basis for initiation of this separation was likely to continue or recur * his ability to perform duties effectively in the future, including potential for advancement or leadership, was unlikely * he failed to meet body fat standards 7. On 6 June 1986, he consulted with counsel, waived his rights, and acknowledged that he might encounter substantial prejudice in civilian life if a general discharge were issued. He also elected not to submit a statement in his own behalf. 8. On 26 June 1986, the separation authority approved the recommendation for separation and directed the issuance of a general discharge. 9. On 8 July 1986, he was discharged under honorable conditions (general) for unsatisfactory performance under the provisions of Army Regulation 635-200, chapter 13. He completed a total of 2 years and 26 days of creditable active service. 10. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. 11. Army Regulation 635-200 sets forth the requirements and procedures for the administrative discharge of enlisted personnel. a. 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. b. 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 does not support the applicant's contention that he was not given enough time to complete a weight loss program. The evidence of record shows he was placed in a weight control/physical exercise program for being overweight in January 1985 and October 1985. 2. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. He had an opportunity to submit a statement wherein he could have voiced his concerns; however, he elected not to do so. 3. The applicant's record of service included adverse counseling statements and a bar to reenlistment. His quality of service was not sufficiently meritorious to warrant a fully honorable 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 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) AR20150002880 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002880 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1