RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          17 AUGUST 2004
      DOCKET NUMBER:  AR2004100783


      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. Shirley Powell                |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Ms. Eloise Prendergast            |     |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 showing that he
was honorably discharged.

2.  The applicant states that he received an honorable discharge, however
it is not on his DD Form 214 (Certificate of Release or Discharge from
Active Duty).  He also states that he was in good standing in the military,
until 1987, when he began having marital problems.

3.  The applicant provides copies of his awards and training certificates
in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 July 1988.  The application submitted in this case is dated 5 October
2003.

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 enlisted in the Regular Army on 21 September 1983, for a
period of 3 years.  He completed basic and advanced individual training at
Fort Dix, New Jersey.  He served in Germany from January 1984 to July 1985.

4.  He was promoted to the pay grade of E-2, E-3, and E-4, on 21 March
1984,
1 October 1984, and 21 September 1985, respectively.

5.  Documents in the applicant’s records indicate he was absent without
leave (AWOL) on 28 March 1988, and from 6 April 1988 to 2 June 1988, and
from
3 June 1988 to 23 June 1988.






6.  The facts and circumstances concerning the applicant’s discharge
procedures are not in the available records.  However, the applicant’s DD
Form 214  indicates he was discharged on 9 July 1988, under the provisions
of Army Regulation 635-200, Chapter 10, for the good of the service in lieu
of trial by court-martial, and was issued an under other than honorable
conditions discharge.  He had 4 years, 9 months and 18 days of active duty,
and 76 days of lost time.

7.  The applicant provides copies of his award of the Army Achievement
Medal awarded to him in 1984, 1985 and 1986, as well, as certificates of
training presented to him for various training and courses he participated
in from November 1983 through November 1987.

8.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides,
in pertinent part, that a member who has committed an offense or offenses
for which the authorized punishment includes a punitive discharge may
submit a request for discharge for the good of the service in lieu of trial
by court-martial.  The request may be submitted at any time after charges
have been preferred and must include the individual's admission of guilt.
A discharge under other than honorable conditions is normally considered
appropriate.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it is presumed that the
discharge proceedings were conducted in accordance with law and regulations
applicable at the time.

2.  There is no evidence in the available record nor did the applicant
provide documentation to substantiate his claim that he had been issued an
honorable discharge.

3.  There is no evidence that his misconduct was the result of marital
problems.  His awards and training certificates provided in support of his
request were issued prior to his periods of AWOL, and are not sufficiently
mitigating to warrant the relief requested.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 July 1988; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 July 1991.  However, 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

___PW__  ___RO __  ___EP __  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.




            _____Shirley Powell _____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100783                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040817                                |
|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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