RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        09 AUGUST 2005
      DOCKET NUMBER:  AR20040009326


      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             |
|     |Ms. Gale J. Thomas                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara Ellis                 |     |Chairperson          |
|     |Mr. Kenneth Wright                |     |Member               |
|     |Mr. Patrick McGann                |     |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 that his records be corrected by upgrading his
discharge to honorable.

2.  The applicant states that he served his country honorably and received
the Good Conduct Medal.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 June 1985.  The application submitted in this case is dated
21 October 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 limitations 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 enlisted in the Regular Army on 17 March 1982, for a
period of 4 years.  He was stationed in Alaska from November 1983 to June
1985.

4.  The applicant was awarded the Good Conduct Medal on 12 March 1985, for
the period 17 March 1982 to 16 March 1985.

5.  The applicant’s records contained two DA Form’s 4833 (Commander’s
Report of Disciplinary or Administrative Action) indicating the applicant
had committed the offense of domestic disturbance/mutual affray on 28
October 1984, and a domestic disturbance on 17 November 1984.  The reports
further indicated that the applicant and his wife were enrolled in a
marriage counseling program and were also enrolled in a counseling program
for alcohol abuse.  The applicant received an oral reprimand on both
occasions.




6.  Between April 1984 and May 1985, the applicant was counseled on
numerous occasions for missing formation, poor performance, missing
movement to the field, failure to report to his place of duty, refusal to
appear before the E-4 Promotion Board, his bad attitude and motivation
problems, his appearance, and the domestic disturbances.

7.  On 13 May 1985, a mental status evaluation found the applicant had the
mental capacity to understand and participate in board proceeding and was
mentally responsible.  The evaluation also determined that the applicant
had an extremely negative attitude, that he projected blame for his
difficulties rather than taking responsibility for his actions.  He had
poor insight and used poor judgment.

8.  On 17 May 1985, a medical examination cleared the applicant for
separation.

9.  On 28 May 1985, his commander notified him that he was recommending his
elimination from the service, under the provisions of Army Regulation 635-
200, Chapter 13, for unsatisfactory performance.  His commander stated that
the applicant’s discharge was based on his continuous minor misconduct and
his failure to conform to the standard and conduct expected of a Soldier in
the US Army.

10.  On 28 May 1985, the applicant, after consulting with counsel,
acknowledged that he understood the basis for his commander’s actions and
waived consideration of his case by a board officers, personal appearance
before a board of officers, and elected not to submit a statement in his
own behalf.  He acknowledged that he understood that he could expect to
encounter substantial prejudice in civilian life if a general or under
honorable conditions discharge was issued to him.

11.  On 4 June 1985, the appropriate separation authority approved the
applicant’s discharge, and directed his characterization of service as
general, under honorable conditions.  He further directed that the
applicant be transferred to the Individual Ready Reserve to complete his
statutory service obligation.

12.  On 18 June 1985, the applicant was discharged under the provisions of
Army Regulation 635-200, Chapter 13 for unsatisfactory performance.

13.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 13 contains the policy and
outlines the procedures for separating individuals for unsatisfactory
performance, and provides, in pertinent part, that commanders will separate
a member under this chapter when, in the commander's judgment, the member
will not develop sufficiently to participate satisfactorily in further
training and/or become a satisfactory soldier.

14.  Army Regulation 635-200 also states that an honorable discharge is a
separation with honor.  The honorable characterization is appropriate when
the quality of the soldier’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 applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.

2.  Even though the applicant received a Good Conduct Medal, his overall
service did not meet the standards of acceptable conduct and performance to
warrant an honorable characterization of service.

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

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 June 1985; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
17 June 1988.  The applicant did not 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

___BE __  ___KW __  ___PM __  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.




                                  ______Barbara Ellis________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009326                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050809                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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