BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160004059 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: 14 September 2017 DOCKET NUMBER: AR20160004059 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: 14 September 2017 DOCKET NUMBER: AR20160004059 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 under honorable conditions to honorable. 2. The applicant states there is no reason why his record would not warrant an honorable discharge. He volunteered for an early discharge and this is the only reason he can think of that would have caused this service characterization. Had he known it would affect his discharge status, he would not have volunteered for an early discharge. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 was inducted into the Army of the United States on 18 January 1971. 3. On 18 November 1971, nonjudicial punishment was imposed against him for being absent without leave from 8 November 1971 to 16 November 1971. His punishment included reduction to the grade of private/E-2. 4. On 20 March 1972, discharge proceedings were initiated against him under the provisions of Headquarters, Department of the Army Office of the Deputy Chief of Staff, G-1, (DAPE-MPP) Message, dated 24 September 1971, and Army Regulation 600-200 (Enlisted Personnel Management), chapter 4, due to his failure to demonstrate adequate potential for promotion. a. His commander cited the following reasons as the basis for the recommended discharge: * the applicant was reduced to private/E-2 on 18 November 1971 and has not been promoted to private first class/E-3 within the last 4 months * he will not be promoted due to his failure to meet the required standards of the Army b. His commander stated he had been counseled and advised that his performance of duty was jeopardizing his promotion advancement as follows: * 7 February 1972 – unexcused absence * 10 March 1972 – drug use c. His commander recommended issuance of a general discharge. 5. On or about 20 March 1972, he acknowledged notification of his pending separation and indicated he understood the impact of his failure to demonstrate the standards of conduct and ability required by the Army. He also acknowledged he understood he might expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him. 6. On or about 20 March 1972, the separation authority approved the recommendation for separation and directed the issuance of a General Discharge Certificate. 7. On 29 March 1972, a bar to reenlistment was imposed against him. 8. On 20 April 1972, he was discharged under the provisions of Headquarters, Department of the Army Office of the Deputy Chief of Staff, G-1, (DAPE-MPP) Message, dated 24 September 1971, and Army Regulation 600-200 under the Qualitative Management Program (QMP). He completed 1 year, 2 months, and 25 days of creditable active service with 8 days of lost time. His service was characterized as under honorable conditions. The separation program number 21U shown on his DD Form 214 represents separation for failure to demonstrate adequate potential for promotion. 9. 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. REFERENCES: 1. Army Regulation 600-200, chapter 4, in effect at the time, set forth policy and prescribed procedures for denying reenlistment under the QMP. The QMP is based on the premise that reenlistment is a privilege for those whose performance, conduct, attitude, and potential for advancement meet Army standards. It is designed to: (1) enhance quality of the career enlisted force, (2) selectively retain the best qualified Soldiers to 30 years of active duty, (3) deny reenlistment to nonprogressive and nonproductive Soldiers, and (4) encourage Soldiers to maintain their eligibility for further service. Therefore, all enlisted personnel must establish their eligibility to remain in the Army by continually demonstrating their efficiency and developing their potential for further service. 2. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. 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 5-33 provided for early separation of personnel denied reenlistment under the QMP. Specifically, an individual who was not eligible to reenlist upon the expiration of his or her term of service because of the provisions of chapter 4 of Army Regulation 600-200 could, upon request, be separated up to 6 months prior to expiration term of service, notwithstanding any existing service obligation. DISCUSSION: 1. The applicant contends he volunteered for an early discharge and he would not have volunteered had he known it would affect his discharge status. He further contends there is no reason why his service record would not warrant an honorable discharge. 2. The evidence of record shows he was denied reenlistment under the QMP due to his failure to demonstrate adequate potential for promotion. In connection with the separation action, he acknowledged in writing that he understood he might expect to encounter substantial prejudice in civilian life if he were issued a general discharge. 3. His record of service included one nonjudicial punishment, a reduction in rank, a bar to reenlistment, and 8 days of lost time. 4. His administrative separation was accomplished in compliance with the applicable regulation with no indication of procedural errors that would have jeopardized his rights. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004059 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004059 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2