RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050002907


      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. Joyce Wright                  |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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:

The applicant requests that his discharge, characterized as under other
than honorable conditions (UOTHC), be upgraded to honorable.

2.  The applicant states that he has surpassed the required time limit for
his upgrade.

3.  The applicant provides no documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 10 October 1986, the date of his discharge.  The application
submitted in this case is dated 10 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 military records show he entered active duty on 10 July
1981, as a tactical satellite/microwave systems operator (26Q10).  He was
promoted to specialist four (SPC/E-4) effective on 1 February 1983.

4.  On 15 August 1985, he was punished under Article 15, Uniform Code of
Military Justice (UCMJ), for wrongful use of a controlled substance, THC
(tetrahydrocannabinol).  His punishment consisted of a reduction to E-3,
forfeiture of pay, and 30 days extra duty.

5.  On 30 June 1986, he was punished under Article 15, for being absent
from his appointed place of duty.  His punishment consisted of 7 days extra
duty.

6.  On 8 July 1986, the applicant tested positive for cocaine.

7.  On 25 July 1986, he was punished under Article 15, for wrongfully and
unlawfully writing dishonored checks on eleven occasions.  His punishment
consisted of a reduction to E-1, forfeiture of pay, and 45 days extra duty.


8.  On 4 September 1986, he was punished under Article 15, for wrongful use
of cocaine on 8 July 1986.  His punishment consisted of a forfeiture of pay
and 45 days extra duty.

9.  The applicant underwent a mental status evaluation on 4 September 1986.
 The examination determined that he had the mental capacity to understand
and participate in separation proceedings.

10.  The applicant underwent a separation medical examination on
4 September 1986.  He was found to be in good health, was taking no
medications, and was qualified for separation.

11.   The applicant was barred from reenlistment on 8 September 1986.

12.  On 16 September 1986, the applicant’s commander notified him that he
was initiating action to separate him from the service under the provisions
of Army Regulation 635-200, paragraph 14-12c, for misconduct-commission of
a serious offense.  He based his reasons on the applicant's misuse of
illegal drugs and dishonored checks in excess of $2,000 dollars.  The
commander notified the applicant that the proposed separation could result
in his receiving a UOTHC discharge.

13.  The applicant consulted with counsel, waived his rights, and elected
not to submit a statement in his own behalf.

14.  On 19 September 1986, the commander submitted his recommendation to
separate the applicant under the provisions of AR 635-200, paragraph 14-
12c, misconduct-commission of a serious offense.

15.  The separation authority approved the recommendation for the
applicant's discharge on 3 October 1986 and directed that he be issued an
UOTHC Discharge and his reduction to the lowest enlisted grade.  The
applicant was discharged in the pay grade of E-1.  He had a total of
5 years, 3 months, and 1 days of creditable service.

16.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
prescribes procedures for separating members for misconduct.  Specific
categories include minor
disciplinary infractions, a pattern of misconduct, commission of a serious
offense, and convictions by civil authorities.  Action will be taken to
separate a member for misconduct when it is clearly established that
rehabilitation is impracticable or is unlikely to succeed.  A discharge
under other than honorable conditions is normally appropriate for a soldier
discharged under this chapter.
17.  Paragraph 14-12c(2) provides for separation for commission of a
serious offense such as abuse of illegal drugs.  

18.  There is no evidence that the applicant applied to the Army Discharge
Review Board (ADRB) for an upgrade of his discharge within its 15-year
statute of limitations.

19.  Army Regulation 635-200, paragraph 3-7, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the soldier's separation specifically allows such
characterization.

20.  Army Regulation 635-200, paragraph 3-7, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the Soldier's separation specifically allows such
characterization

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors, which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore were
appropriate
considering all of the facts of the case.

3.  Considering the nature of his offenses, which include misuse of illegal
drugs on two occasions and for wrongfully writing dishonored checks for in
excess of $2,000, and his otherwise undistinguished record of service,
there is no basis for an upgrade of his discharge.  He has not shown error,
injustice, or inequity for the relief he now requests.

4.  The applicant has provided no evidence to show that his discharge was
unjust.  He also has not provided any evidence to mitigate the character of
his discharge.

5.  There is no evidence in the applicant's records, and the applicant has
provided none, to show that he applied for an upgrade of his discharge to
the ADRB within its 15-year statute of limitations.
5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 October 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 9 October 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

_JEV____  _CVM___  _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.




                                  __    James E. Vick_    __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002907                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19861010                                |
|DISCHARGE AUTHORITY     |AR 635-200, CHAPTER 14-12C              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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