BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160001689 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160001689 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. BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160001689 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 provides no statement. 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 10 October 1979 for a period of 3 years. He completed his training and was awarded military occupational specialty 13B (cannon crewman). 3. On 2 March 1980, nonjudicial punishment (NJP) was imposed against the applicant for leaving his guard watch. 4. On 28 August 1980, NJP was imposed against him for failing to go to his appointed place of duty. 5. On 24 September 1980, a bar to reenlistment was imposed against him. 6. On 16 December 1980, he was notified of his pending separation for failure to maintain acceptable standards for retention under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph  5-31 (Expeditious Discharge Program). The unit commander cited his poor attitude, lack of motivation and self-discipline, inability to adapt socially, and failure to demonstrate promotion potential. 7. On 16 December 1980, he acknowledged notification of his proposed discharge, voluntarily consented to separation, and elected not to make a statement in his own behalf. He also acknowledged he might expect to encounter substantial prejudice in civilian life if he were issued a general discharge and he had been provided an opportunity to consult with counsel. 8. On 23 December 1980, the separation authority approved the recommendation for separation and directed the issuance of a General Discharge Certificate. 9. He was discharged under honorable conditions (general) on 12 January 1981 under the Expeditious Discharge Program for failure to maintain acceptable standards for retention under the provisions of Army Regulation 635-200, paragraph 5-31. He completed 1 year, 3 months, and 3 days of total active service. 10. There is no evidence in the available records that shows he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. 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. b. Paragraph 5-31, in effect at the time, provided that members who completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who had demonstrated 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 could be discharged. It provided for the expeditious elimination of substandard, nonproductive Soldiers before board or punitive action became necessary. DISCUSSION: 1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights. He voluntarily consented to the discharge. 2. His record of service included a bar to reenlistment and two NJPs. There is no evidence of error in the type of discharge and characterization of service he received. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001689 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001689 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2