RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20050000735


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 correction to his separation document, NGB Form
22 (Report of Separation and Record of Service), to show he was promoted to
specialist, pay grade E-4.  He also requests upgrade of his general
discharge.  He further requests his records be corrected to show he served
on active duty and a letter stating he served on active duty.

2.  The applicant states that he was promoted to pay grade E-4 before his
discharge in September 1988.  He also states that his discharge should have
changed after 6 months to honorable.  He further states that he will send
the Board evidence of when he was ordered to active duty.  The military
clerk overlooked these matters.

3.  The applicant provides copies of his NGB Form 22, dated 27 June 1988,
and memorandums from the Records Support Branch, Military Personnel Records
Division, Department of the Navy, the Veterans Support Branch Personnel
Actions and Services Directorate, Army Reserve Personnel Command, and
Headquarters, 42D Supply and Transport Battalion in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 June 1988, the date of his separation from the Army National
Guard (ARNG). The application submitted in this case is undated, but was
received for processing on 23 December 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's military records show he enlisted in the New York (NY)
ARNG as a private, pay grade E-1, effective 21 June 1984.  He was separated
from the NYARNG effective 5 March 1985.
4.  The applicant reenlisted in the NYARNG, after a short break in his ARNG
service, as a private, pay grade E-1, effective 27 June 1985.

5.  The applicant was promoted to the rank and pay grade, private first
class, pay grade E-3, on 1 July 1986.

6.  The applicant's records do not show, and the applicant did not provide
any evidence, that he was promoted to pay grade E-4 prior to his
separation.

7.  The applicant was discharged from the NYARNG, in pay grade E-3, on 27
June 1988 under the provisions of National Guard Regulation 600-200,
under honorable conditions, and he was transferred to the United States
Army Reserve (USAR) Control Group (Reinforcement) on the same date.  His
character of service was determined to be, "under honorable conditions"
and, he was issued a NGB Form 56a.

8.  On 4 August 1988, the State of NY, Division of Military and Naval
Affairs, issued Orders 150-59, ordering the applicant's discharge from the
NYARNG with a general discharge with an effective date of 27 June 1988.
The orders indicate that at the time of publication of this order and the
effective date of publication of this order, the applicant was serving in
the pay grade E-3.

9.  The applicant's personnel qualification record, section VII (Current
and Previous Assignments) does not show that he served on active duty
during the period covered by his two enlistments. His records also do not
show his conduct and efficiency ratings.

10.  Documents related to the applicant's discharge from the NYARNG are not
on file in his service record.

11.  The applicant was honorably discharged from the USAR, in pay grade E-
3, effective 16 November 1988.

12.  There is no evidence that the applicant applied to the Army Discharge
Review Board for an upgrade of his discharge within it's 15-year statute of
limitations.

13.  The applicant submits documentation that pertains to his service as a
temporary employee of the Panama Canal Company from December 1978 through
September 1979.

14.  The applicant submitted a copy of an undated letter, Subject:
Military Duty as Per Section 46 & 242 Military Law State of New York,
addressed, "To Whom it May Concern."  This letter states that the applicant
had performed military duty at Fort Dix, New Jersey; however, the letter
does not contain the dates or the duration of the applicant's alleged
performance of these military duties.

15.  National Guard Regulation 600-200 prescribes the policies and
procedures for separation of enlisted personnel from the ARNG.  This
regulation, in effect at the time of the applicant's service, specified
that the state Adjutant General is the final approval authority to
discharge Soldiers from the State ARNG.  A NGB Form 56a was issued to a
Soldier who was discharged from the ARNG and who reverted to control of the
USAR, whose discharge from such service was under honorable conditions and
whose military record was not sufficiently meritorious to warrant an
honorable discharge.  The applicant's character of service was "under
honorable conditions."  The discharge given was as a result of
administrative action.

16.  National Guard Regulation 600-200 also specifies that an honorable
discharge is a separation with honor.  The honorable characterization is
appropriate when the quality of the member'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
inappropriate.

17.  The US Army does not have, nor has it ever had, a policy to
automatically upgrade discharges.  Each case is decided on its own merits
when an applicant submits a request for a change in their discharge.  A
change may be warranted if it is determined that the characterization of
service or the reason for discharge, or both, were improper or inequitable.
 Defense Discharge Review Standards specifically state that no factor
should be established that requires the automatic change, or denial of a
change, in discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was discharged from the NYARNG on
27 June 1988 in the rank and pay grade, Private First Class, E-3.  There is
no evidence, and the applicant has provided none, to show that he was
promoted to the pay grade E-4 prior to his discharge.
2.  The applicant was given an administrative discharge.  The facts and
circumstances related to his discharge are not on file in his service
record; however, 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. The character of the discharge appears
to be commensurate with his overall record.  The Report of Separation and
Record of Service issued the applicant on his discharge date indicates that
he was discharged on 27 June 1988, under National Guard Regulation 600-200,
and his character of service was characterized as under honorable
conditions.  He was issued a National Guard Form 56a on his discharge.

3.  The applicant's contention that his discharge should have been changed
after 6 months to honorable has been noted; however, it is without merit.
The Army does not have, nor has it ever had, a policy to automatically
upgrade discharges. For upgrade of a former service member's discharge,
application is essential.  Each application is then decided on its own
merits when an applicant submits a request for a change in their discharge.
 A change may be warranted if it is determined that the characterization of
service or the reason for discharge, or both, were improper or inequitable.

4.  In view of the evidence in this case, the applicant is not entitled to
correction to his NGB Form 22 to show he was separated in the pay grade E-
4.  The applicant is also not entitled to an upgrade of his under honorable
conditions discharge to a fully honorable discharge.

5.  The undated letter, Subject:  Military Duty as Per Section 46 & 242
Military Law State of New York, addressed, "To Whom it May Concern" is
not corroborated by the evidence found in the applicant's service record.
 This letter does not contain the dates, the duration, or the specific
purpose of the applicant's alleged service of military duties; therefore,
he is not entitled to a letter or other documentary evidence that he
served on active duty

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 June 1988, the date of his
separation from the NYARNG; therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 26 June 1991.
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

___jtm___  ____wdp_  ___ljo___  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.




                                  __________William D. Powers_______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050000735                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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