RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20050002214


      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. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 discharge be upgraded to an
honorable discharge.

2.  The applicant states, in effect, that he wants his discharge upgraded,
so that he may reenter into the military and be allowed to finish his
career.  He further states that he was in charge of a supply unit when a
box of curtains came up missing.  Now at his age and maturity, he
understands how important this kind of thing can affect a man’s career.


3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 15 August 1983, the date he was separated from
active duty.  The application submitted in this case is dated 1 February
2005.

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 record shows he enlisted in the Regular Army and
entered active duty on 14 August 1979, for a period of 3 years.  He was
trained in, awarded and served in military occupational specialty (MOS)
16B10 (Hercules Missile Crewman).  On 25 March 1982, after serving 2 years,
7 months and
11 days of honorable active duty service, the applicant reenlisted for 4
years.  The highest grade he attained was pay grade E-4.

4.  On 3 June 1983, while working in the immediate area where the missing
property was being stored, court-martial charges were preferred against the
applicant for three specifications of the wrongful disposal of the
curtains, property of the United States Government; two specifications of
conspiracy with his spouse to commit an offense under the Uniform Code of
Military Justice; two specifications of wrongfully and unlawfully, under
lawful oath, making false statements; one specification of larceny of 21
pair of curtains, property of the United States Government, valued of about
$688.80 and one specification of communicating terroristic threats toward
an alleged eyewitness.

5.  On 18 July 1983, the applicant consulted with legal counsel and was
advised of the basis for the contemplated separation action, the effects of
a bad conduct discharge or a dishonorable discharge and of the rights
available to him.  The applicant voluntarily requested discharge for the
good of the service, in lieu of trial by court-martial.  In his request for
discharge, he acknowledged that he was guilty of the charge against him or
of a lesser included offense therein contained which also authorizes the
imposition of a bad conduct or dishonorable discharge. He further stated
that under no circumstances did he desire further rehabilitation, for he
had no desire to perform further military service.  He also stated his
understanding that if his discharge request was approved, he could be
deprived of many or all Army benefits, that he could be ineligible for many
or all benefits administered by the Department of Veterans Affairs (VA),
and that he could be deprived of his rights and benefits as a veteran under
both Federal and State law.  He further indicated that he understood that
he could encounter substantial prejudice in civilian life by reason of an
UOTHC.

6.  On 1 August 1983, the separation authority approved the applicant’s
request for discharge, that he be reduced to the lowest enlistment grade
and directed that he receive a Discharge Certificate Under Other Than
Honorable Conditions.  On 15 August 1983, the applicant was discharged
accordingly.  The separation document (DD Form 214) he was issued confirms
he completed 4 years and
2 days of creditable active military service.

7.  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 at
any time after the charges have been preferred, submit a request for
discharge for the good of the service in lieu of trial by court-martial.  A
discharge under other than honorable conditions is normally considered
appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The contentions of the applicant was carefully considered and found to
have no merit in this case.  There is no evidence nor has the applicant
provided any evidence in support of his allegation.  Therefore, given the
circumstances in this case and his overall undistinguished record of
service, there is insufficient evidence to support this claim.

2.  The evidence of record confirms that the applicant was charged with the
commission of an offense punishable under the UCMJ with a punitive
discharge. After consulting with defense counsel, the applicant voluntarily
requested discharge from the Army in lieu of trial by court-martial.  All
requirements of law and regulation were met, the rights of the applicant
were fully protected throughout the separation process and his discharge
accurately reflects his overall record of short and undistinguished
service.

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 this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 August 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
14 August 1986.  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

___JS  __  __ENA __  __CAK__  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.




                                    ______John Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002214                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050915                                |
|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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