RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           27 January 2005
      DOCKET NUMBER:  AR2004107093


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 general, under honorable
conditions discharge (GD) be upgraded to an honorable discharge (HD).

2.  The applicant provides no argument of documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 10 November 1988.  The application submitted in this case
is dated 6 April 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 record shows that the applicant initially enlisted in the
Regular Army and entered active duty on 22 September 1977.  He was trained
in, awarded and served in military occupational specialty (MOS) 74D
(Computer Machine Operator).

4.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows, in
Item 18 (Appointments and Reductions), that he was promoted to the pay
grade of E-5 on 1 October 1983 and this was the highest grade he attained
while serving on active duty.  It further shows that on 3 August 1984, he
was reduced to specialist four (SP4) and this is the rank he held on the
date of his discharge.

5.  The applicant’s DA Form 2-1 further shows that during his active duty
tenure, he earned the Army Service Ribbon, Army Good Conduct Medal (3),
Army Commendation Medal (2) and Overseas Service Ribbon, for completing an
overseas tour in Germany.

6.  On 3 August 1988, the applicant accepted nonjudicial punishment (NJP)
under the provisions of Article 15 of the Uniform Code of Military Justice
(UCMJ), for the illegal use of cocaine.

7.  On 23 September 1988, the unit commander notified the applicant he was
initiating separation action on him under the provisions of paragraph 14-
12c, Army Regulation 635-200, by reason of commission of a serious offense
(illegal drug use).  The unit commander cited the applicant’s illegal use
of cocaine between 11 and 15 May 1988 as the basis for the action.

8.  On 27 September 1988, the applicant consulted with legal counsel and
was advised of the basis for the contemplated separation and its effects,
the rights available to him and the effect of a waiver of those rights.
Subsequent to this counseling, the applicant waived consideration of his
case by an administrative separation board contingent upon his receiving a
GD.  He also elected not to submit a statement in his own behalf.

9.  On 19 October 1988, the separation authority approved the applicant’s
separation and directed he receive a GD.  On 10 November 1988, the
applicant was discharged accordingly.  The separation document (DD Form
214) he was issued at the time confirms he was separated under the
provisions of paragraph 14-12d, Army Regulation 635-200, by reason of abuse
of illegal drugs.

10.  There is no indication that the applicant applied to the Army
Discharge Review Board for an upgrade of his discharge within the 15-year
statute of limitations.

11.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 of the regulation deals with
separation for various types of misconduct, which includes drug abuse, and
provides that individuals identified as drug abusers may be separated prior
to their normal expiration of term of service. Individuals in pay grades E-
5 and above must be processed for separation upon discovery of a drug
offense.  The issuance of a discharge under other than honorable conditions
is normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant’s separation processing
was accomplished in accordance with the applicable regulation.  All
requirements of law and regulation were met and the rights of the applicant
were fully protected throughout the separation process.  Further, the
record shows he was separated under the terms of his own conditional waiver
request.

2.  By violating the Army's policy not to possess or use illegal drugs, the
applicant compromised the special trust and confidence placed in him as a
soldier and  knowingly risked his military career.  This misconduct clearly
diminished the quality of his service below that meriting a fully honorable
discharge.
3.  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 the aforementioned requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 November 1988.  Thus, the time for
him to file a request for correction of any error or injustice expired on 9
November 1991.  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

___ECP_  ___BKK _  __RJW __  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.




            ____Raymond J. Wagner   _
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004107093                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/27                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1988/11/10                              |
|DISCHARGE AUTHORITY     |AR 635-200 C10                          |
|DISCHARGE REASON        |Illegal drug use                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]