RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 25, 2005
      DOCKET NUMBER:  AR2004106581


      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. Constance B. Sims             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Ms. LaVern M. Douglas             |     |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 undesirable discharge be
upgraded to an honorable discharge.

2.The applicant states that his discharge was derived from a major
misunderstanding involving authorities of Fort Campbell, Kentucky and he
feels that what is alleged against him is an error of the government.

3.  The applicant states the initial treatment he received at Fort Campbell
caused him a major amount of confusion on what was expected of him.  Once
he was confused, accusation against him escalated.  He states that he was
court martialed on unfounded accusations and the government is blaming him
for negligence on their part.  He also states that he was not kicked out of
the Army, he was given an option to remain or to leave.  He states he opted
to leave because of the way he was being treated.  He concludes by stating
that he was not involved in any incidents of a discreditable nature with
any civil or military authorities during his nine months in the service
which his discharge states and it was fabricated because it did not read
that way when he signed it.

4.  The applicant provides in support of his application, a letter of
explanation, and copies of his discharge summary, resume of attitude,
conduct and performance, court martial orders, and record of proceeding of
Article 15, Uniform Code of Military Justice (UCMJ).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 7 September 1982.  The application submitted
in this case is dated
30 March 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 military records are unavailable for review.
Information contained herein was obtained from alternate sources.

4.  On 24 November 1981, he enlisted in the Army in the pay grade of E1.
He successfully completed his training as a tactical wire operations
specialist.

5.  On 25 June 1982, he was convicted by a summary court-martial on four
charges, his punishment consisted of confinement at hard labor for 30 days
and reduced to pay grade E1:

      Charge 1 – 21 May 1982, while undergoing punishment of correctional
      custody at Fort Campbell, KY he left the grounds of the correctional
      custody facility without proper authorization.

      Charge 2 - 5 June 1982, without authority, failed to go at the time
      prescribed to his appointed place of duty. (0900 company formation)


      Charge 3 – 5 June 1982, willfully disobeyed a lawful order received
      from his superior noncommissioned officer to get out of bed and report
      for duty.


      Charge 4 – 6 June 1982, willfully disobeyed a lawful order received
   from
      his superior commissioned officer to check in with the charge of
   quarters
      every hour.

6.  On 30 July 1982, nonjudicial punishment (NJP) was imposed against him
for striking a soldier in the chest with his fist during a morning run.
His punishment consisted of extra duty, restriction and forfeiture of pay.

7.  The applicant was notified on 30 August 1982, that he was being
recommended for discharge under the provisions of Army Regulation 635-200,
Chapter 14 due to frequent involvement in incidents of a discreditable
nature with civil or military authorities.  At the time that he
acknowledged receipt of the notification he waived his rights to a hearing
before a board of officers; to submit a statement in his own behalf; to be
represented by counsel and consult with a lawyer.

8.  The facts and circumstances pertaining to the applicant's discharge are
not on file.  The Report of Transfer or Discharge (DD Form 214) indicates
that the applicant was discharged on 07 September 1982, under the
provisions of Army Regulation 635-200, Chapter 14 for frequent involvement
in incidents of a discreditable nature with civil or military authorities.
His DD Form 214 indicates he was discharged under Other than Honorable
Conditions.

9.  A review of the available information fails to show that the applicant
ever applied to the Army Discharge Review Board for an upgrade of his
discharge within that board’s 15-year statute of limitations.

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.  It appears that the type of discharge directed and the reasons
therefore were appropriate considering all the facts of the case.

3.  The Board has noted the applicant’s contention that he was confused to
the fact of what was expected of him, along with the letters that he has
submitted in support of his application stating that the allegations made
against him are all fabrication and has been a major detriment to his
personal and career life.  However, neither of these factors, either
individually or in sum, is 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 this requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 07 September 1982; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
6 September 1985.  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

lmd_____  kan_____  jea_____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.




                                  _____Kathleen A. Newman___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050125                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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