RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             OCTOBER 7, 2004
      DOCKET NUMBER:    AR2004102792


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Patrick H. McGann Jr,         |     |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 the character of service of his
Entry Level Separation be upgraded from uncharacterized to honorable.

2.  The applicant states, in effect, that his discharge was inequitable
because of a reenlistment that did not work out.  He served in the Army,
including one year in Vietnam.  He was well decorated and served his
country honorably.  He now wishes to have his discharge changed back to
Honorable.

3.  The applicant provides a copy of two separation documents and a letter
from the Support Division, Army Review Boards Agency, dated 15 August 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice that
occurred on 18 March 1986.  The application submitted in this case is dated
26 November 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 has prior service in the Army.  He was inducted into the
Army of the United States on 30 January 1970.  On 3 February 1970, he was
honorably discharged for the purpose of immediately enlisting in the
Regular Army.

4.  The applicant enlisted in the Regular Army on 4 February 1970 and was
honorably released from active duty to the U.S. Army Reserve on 24 January
1972.

5.  On 24 March 1972, the applicant enlisted in the Missouri Army National
Guard under the "Try One Program."  He was honorably discharged from the
Army National Guard on 23 March 1973 and was transferred to the Reserve
to complete his remaining military service obligation of 2 years, 10
months, and 7 days.  The applicant was honorably discharged from the U.S.
Army Reserve
(Standby Group), on 1 January 1976, in the rank and pay grade, Specialist
Four, E-4.

6.  The applicant enlisted in the US Army Reserve on 4 November 1985.  On
21 January 1986, the applicant enlisted in the Regular Army for a period of
3 years.  The applicant was assigned to Company A, 15th Battalion, 4th
Training Brigade, Fort Knox, Kentucky, to undergo basic training.

7.  The applicant was discharged, on 18 March 1986, in the rank and pay
grade, Private First Class, E-3, under the provisions of Army Regulation
(AR) 635-200, Paragraph 5-11.  The character of service shown on the
applicant's DD Form 214, Certificate of Release or Discharge from Active
Duty, is,  "uncharacterized."  The applicant was given a Separation Code of
"JFT" (Physical Standards).  The narrative reason shown on his separation
document is "Did Not Meet Medical Fitness Standards – No Disability."

8.  The "discharge packet" that led to the applicant's separation from the
Army is not available in his service personnel record.  The applicant’s
record contains a properly constituted DD Form 214 that was authenticated
by the applicant.  This document identifies the reason and characterization
of the discharge.

9.  The applicant's medical records, for the period covered by the
enlistment, are not available in his service personnel records and
therefore are not available for review.

10.  The applicant made application for review of his discharge to the Army
Discharge Review Board, albeit beyond the 15-year statute of limitation for
that board.  On receipt of his application, the Support Division, Army
Review Boards Agency, notified him to make application to the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record is void of facts and circumstances concerning
events that led to the applicant's discharge from the Army.

2.  The applicant’s record contains a properly constituted DD Form 214.
The applicant signed this discharge document.  The DD Form 214 identifies
the reason and characterization of the discharge; therefore, a presumption
of Government regularity in the discharge process must be made.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 March 1986 therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 17 March 1989.  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

wtm_____  pms_____  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.




            ___Walter T. Morrison__
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004102792                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041007                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |19860318                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5, Paragraph 5-11   |
|DISCHARGE REASON        |Did Not Meet Procurement Medical Fitness|
|                        |Standards – No Disability.              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  360  |144.0000                                |
|2.  404                 |144.0143                                |
|3.  516                 |144.2900                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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