RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 October 2005
      DOCKET NUMBER:  AR20050002224


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Laverne Berry                 |     |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 that his general under honorable conditions
discharge be changed to honorable.

2.  The applicant states he was told that he was not trainable.  He also
states that the Army was discharging a lot of Soldiers at that time and the
Government was cutting back on the military.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty); a personal statement; four Letters
of Appreciation with endorsements; orders awarding him the Army
Commendation Medal and the Army Achievement Medal; a letter of performance;
a certificate from Johnson and Wales College; two award certificates for
the Good Conduct Medal and the Army Achievement Medal; his diploma from the
U.S. Army Noncommissioned Officer (NCO) Academy in Hawaii; his Certificate
of Promotion; and a certificate for outstanding performance and support
during Joint Readiness Exercise Bold Eagle '86.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 1 August 1986.  The application submitted in this case is dated
4 January 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 enlisted in the Regular Army on 18 February 1982 for a
period of three years.  He completed basic training and advanced individual
training and was awarded military occupational specialty 72E (Combat
Telecommunications Center Operator).

4.  On 22 June 1983, the applicant received a Letter of Appreciation for
his dedicated service in support of the Signal Officers Advanced Course
Army Training and Evaluation Program (ARTEP) Evaluation during exercise
Shining Blade II at Fort Hood, Texas.
5.  He was assigned to Hawaii in November 1983 as a telecommunications
center operator.

6.  He was promoted to specialist four on 1 April 1984.

7.  On 1 May 1984 and 11 May 1984, the applicant received Letters of
Appreciation for his support during the ARTEP for the 29th Engineer
Battalion and his outstanding voluntary support of the 1984 U.S. Army
Support Command Hawaii (USASCH), Fort Shafter Carnival.

8.  On 5 July 1984, the applicant received a Letter of Appreciation for his
unit's superb support during Tropic Lightning Exercise 2-84.

9.  The applicant departed Hawaii in February 1985 and was reassigned to
Fort Gordon, Georgia.

10.  During October 1985 and December 1985, the applicant received four
adverse counseling statements for failing to report to mandatory physical
readiness training formation; failing to report to his appointed place of
duty; failing to perform an assigned task; and poor duty performance.

11.  On 9 December 1985, the applicant accepted nonjudicial punishment
under Article 15, Uniform Code of Military Justice (UCMJ) for being absent
from his place of duty and for failing to go to his appointed place of
duty, four specifications.  His punishment consisted of 14 days
restriction, 14 days extra duty, a forfeiture of $100.00 pay for one month
(suspended 90 days), and reduction to E-3 (suspended 90 days).  The
suspension of punishment of forfeiture of $100.00 and reduction to E-3 was
vacated on 26 February 1986.  The DA Form 2627-2 (Record of Supplementary
Action under Article 15, UCMJ) indicated that the vacation was based on the
applicant's disrespect to a commissioned officer.

12.  During February 1986 and June 1986, the applicant received three
adverse counseling statements for failure to perform as an E-4 and for
intent to impose separation under the provisions of Army Regulation 635-
200, chapter 13 and a bar to reenlistment in accordance with Army
Regulation 601-280.

13.  On 6 June 1986, the applicant accepted nonjudicial punishment under
Article 15, UCMJ for disobeying a lawful order from a First Sergeant (1SG)
and for failing to go to his appointed place of duty.  His punishment
consisted of reduction to E-2.

14.  A bar to reenlistment was imposed against the applicant on 17 June
1986.  The unit commander cited the basis for the bar to reenlistment as
the applicant's two Article 15s and a bad check.  The unit commander stated
that the applicant had a sloppy substandard appearance, ineffective
leadership abilities and an overall marginal record of Army service.

15.  On 24 June 1986, the applicant's unit commander notified him of his
proposed recommendation to discharge him under the provisions of Army
Regulation 635-200, paragraph 13-2 for unsatisfactory performance.  He was
advised of his rights.

16.  The applicant acknowledged notification, consulted with legal counsel
and submitted statements in his own behalf.  He stated that he had received
a suspended Article 15 for disobeying an order and it was vacated over two
months.  The paperwork on the vacated Article 15 stated he was
disrespectful, but he was never disrespectful.  He also stated that his
chapter 13 proceedings indicated he had received a ticket for an abandoned
vehicle which was never abandoned.  He had called the Military Police (MP)
and informed them he was the owner of the vehicle.  He explained to the MPs
that the vehicle had not been moved because it did not have any insurance.
The MPs told him to disregard the ticket and move the vehicle at least once
every two weeks to a different parking place.

17.  On 29 July 1986, the separation authority approved the recommendation
for separation, waived rehabilitation requirements and directed issuance of
a General Discharge Certificate.  Accordingly, the applicant was discharged
on 27 March 1984 under the provisions of Army Regulation 635-200, chapter
13, for unsatisfactory performance.  He had 4 years, 5 months, and 13 days
of active military service.

18.  The applicant's DD Form 214 shows he was awarded the Army Commendation
Medal, the Army Achievement Medal, the Good Conduct Medal (First Award),
the NCO Professional Development Ribbon, the Army Service Ribbon, the
Expert Marksmanship Qualification Badge with Rifle Bar and the Expert
Marksmanship Qualification Badge with Grenade Bar.

19.  There is no indication which shows the applicant applied to the Army
Discharge Review Board within its 15-year statute of limitations.

20.  Army Regulation 635-200 sets forth the requirements and procedures for
administrative discharge of enlisted personnel.  Chapter 13 of this
regulation, in effect at the time, provides for separation due to
unsatisfactory performance when in the commander’s judgment the individual
will not become a satisfactory Soldier; retention will have an adverse
impact on military discipline, good order and morale; the service member
will be a disruptive influence in the future; the basis for separation will
continue or recur; and/or the ability of the service member to perform
effectively in the future, including potential for advancement or
leadership, is unlikely.  Service of Soldiers separated because of
unsatisfactory performance under this regulation will be characterized as
honorable or under honorable conditions.

21.  Army Regulation 635-200 governs the separation of enlisted personnel.
In pertinent part, it states that an honorable discharge is a separation
with honor.  The honorable characterization is appropriate when the quality
of the Soldier'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 clearly inappropriate.  Where there
have been infractions of discipline, the extent thereof should be
considered, as well as the seriousness of the offense(s).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation under the provisions of Army
Regulation 635-200, chapter 13 was accomplished in compliance with
applicable regulations with no indication of procedural errors which would
tend to jeopardize his rights.

2.  The applicant's service record shows he received two Article 15s, a bar
to reenlistment and several adverse counseling statements.  As a result,
his record of service was not honorable and did not meet the standards of
acceptable conduct and performance of duty for Army personnel.  Therefore,
the applicant's record of service is insufficiently meritorious to warrant
an honorable discharge.

3.  The applicant has failed to show through the evidence submitted or the
evidence of record that the type of discharge issued to him was in error or
unjust.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 August 1986; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 31 July 1989.  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

CG______  RD______  LB______  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.




                                  Curtis Greenway_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002224                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051006                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19860729                                |
|DISCHARGE AUTHORITY     |AR635-200, chapter 13                   |
|DISCHARGE REASON        |Unsatisfactory Performance              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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