RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 February 2005
      DOCKET NUMBER:  AR20040002018


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Ms. Marla N. Troup                |     |Member               |
|     |Mr. Peter B. Fisher               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his under other than honorable
conditions (UOTHC) discharge be upgraded.

2.  The applicant states, in effect, that his discharge was unjust because
other Soldiers charged with the same offense were given an honorable
discharge.  He further states that his discharge was based on one isolated
incident in 28 months of service.  He also indicates that he was in the
Army for almost five years and was awarded the Army Good Conduct Medal
(AGCM).  He further claims that his first sergeant and officer in charge
(OIC) spoke highly of him at the separation board hearing and he admits
that he used drugs for recreation, but he was only 23 years old and did
things he thought were fun.  He concludes by stating that he has made a
complete turn around in his life and feels good because he no longer uses
alcohol or drugs.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement, Seven Character Reference Letters,
Employee Evaluation and Four Certificates of Achievement and Completion.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 10 July 1984.  The application submitted in this case is
dated
19 May 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 14 June 1978.  He was trained in, awarded and served
in military occupational specialty (MOS) 71G (Patient Administration
Specialist).

4.  The applicant’s record also shows that he was promoted to specialist
four (SP4) on 19 March 1981 and this is the highest rank he attained while
serving on active duty.  During his active duty tenure, he earned the AGCM,
Army Service Ribbon, Overseas Service Ribbon and Marksman Qualification
Badge with Rifle and Hand Grenade Bars.

5.  The applicant’s disciplinary history includes his acceptance of
nonjudicial punishment (NJP) under the provisions of Article 15 of the
Uniform Code of Military Justice (UCMJ) on 13 January 1982, for being
disrespectful to a superior commissioned officer.

6.  In December 1983, the applicant received a LOR from his unit commander
for being arrested by Italian police for various offenses involving
trafficking in illegal drugs and conspiracy to traffic in illegal drugs.
The unit commander indicated that three Soldiers had made statements
implicating the applicant in these offenses.

7.  A separation packet containing the specific facts and circumstances
surrounding the applicant’s separation processing is not on file in the
record.  However, there is a properly constituted separation document (DD
Form 214) on file that identifies the authority and reason for the
applicant’s discharge.

8.  The applicant’s DD Form 214 shows that he was separated under the
provisions of paragraph 14-12c, Army Regulation 635-200, by reason of
commission of a serious offense and that he received an UOTHC discharge on
10 July 1984.  This document also shows that at the time of his separation,
he had completed 6 years and 27 days of active military service.  The
applicant authenticated this document with his signature.

9.  The applicant provides several character references that all indicate
that he successfully completed a Department of Veterans Affairs (VA)
substance abuse rehabilitation program in 2003 and that attest to his
excellent performance as an employee.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
prescribes procedures for separating members for misconduct.  Specific
categories include minor disciplinary infractions, a pattern of misconduct,
commission of a serious offense, convictions by civil authorities,
desertion or absence without leave.  An UOTHC discharge is normally
appropriate for members separated under these provisions.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that his discharge was unjust because it
was based on an isolated incident in almost six years of service and that
he has turned his life around, along with the supporting documents he
provided were carefully considered.  However, while his achievements in
recent years are commendable, these factors are not sufficiently mitigating
to warrant an upgrade of his discharge at this time.

2.  The available evidence is void of a discharge packet containing the
specific facts and circumstances concerning the events that led to the
applicant’s discharge.  However, there is a properly constituted DD Form
214 on file that was authenticated by the applicant with his signature.
This document identifies the reason and characterization of the discharge.
The separation document carries with it a presumption of Government
regularity in the discharge process.

3.  Lacking evidence to the contrary, it is presumed that all requirements
of law and regulation were met and the rights of the applicant were
protected throughout the separation process.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 July 1984.  Therefore, the time for
him to file a request for correction of any error or injustice expired on 9
July 1987. However, he failed to file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___PBF_  ___MNT _  ___HOF _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____Hubert O. Fry_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040002018                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/17                              |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |1984/07/10                              |
|DISCHARGE AUTHORITY     |AR 635-200 C14                          |
|DISCHARGE REASON        |Comm of Serious Offense                 |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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