ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 29 March 2019 DOCKET NUMBER: AR20160015692 APPLICANT REQUESTS: The applicant request his honorable conditions (general discharge be upgraded to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD FORM 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, his under honorable conditions (general) service characterization is blocking his ability to receive veteran benefits and negatively affecting his life. 3. On 12 September 1980, the applicant enlisted in the Regular Army. A review of his records does not show he was ever deployed/mobilized or received any significant awards and/or decorations. 4. The applicant's record shows he was frequently counseled by his chain of command for various infractions, including numerous failures to perform his duties, missing formations, and absenting himself from duty. A record of proceedings under article 15, UCMJ, dated 27 October 1981, shows punishment received for one article 15 however the misconduct is not noted. 5. The applicant was informed by his commander on 21 June 1982 that action was being initiated to discharge him from the Army under the provisions of paragraph 5-3, Army Regulation 635-200 (Expeditious Discharge Program), with a General Discharge Certificate and advised him of his available rights. The reasons for proposed actions were not cited. 6. On 24 June 1982, the applicant acknowledged receipt of this notification and indicated that he was voluntarily consenting to the discharge. He further acknowledged that he was advised of the basis of the contemplated separation action with a General Discharge Certificate, its effects and of the rights available to him. The applicant elected not to make a statement in his own behalf. 7. On 24 June 1982 He signed a DA Form 2496-1 (Disposition Form) which shows he declined a medical examination. 8. A memorandum, Subject: Separation under the Provisions of paragraph 5-31, AR 635-200, dated 28 June 1982, shows in pertinent he received two article 15’s, seven counseling statements. The separation authority approved the applicant's separation on 28 June 1982, under the Expeditious Discharge Program, and directed he be issued a General Discharge Certificate. 9. On 13 July 1982 he was discharged accordingly. He served 1 year, 10 months, and 2 days of total active service. 10. The applicant requests an upgrade so that he may receive benefits. The ABCMR does not grant requests for upgrade of discharges solely for the purpose of making the applicant eligible for veterans' benefits. 11. Army Regulation 635-200 (Personnel Separations) states provided for the expeditious elimination of substandard, nonproductive Soldiers before board or punitive action became necessary. A general discharge was a separation from the Army under honorable conditions if an individual's military record was not sufficiently meritorious to warrant an honorable discharge 12. In reaching its determination, the Board can consider the applicant's petition, his service record, and his statements in light of the published guidance on equity, injustice, or clemency. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions were carefully considered. No additional evidence in the form of character witness statements or post- service accomplishments were provided. The Board applied Department of Defense standards of liberal consideration to the complete evidentiary record and did not find any evidence of error, injustice, or inequity. The Board agreed that the applicant's discharge characterization was warranted as a result of the misconduct. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 (Personnel Separations), then in effect, set forth the basic authority for the separation of enlisted personnel. It states: 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. A general discharge was a separation from the Army under honorable conditions. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Chapter 5 provided for the EDP for members who had completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who had demonstrated that 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 under the EDP. It provided for the expeditious elimination of substandard, nonproductive Soldiers before board or punitive action became necessary. A general discharge was a separation from the Army under honorable conditions if an individual's military record was not sufficiently meritorious to warrant an honorable discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160015692 3 1