RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 December 2005
      DOCKET NUMBER:  AR20050005588


      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. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 upgrade to an honorable discharge (HD).

2.  The applicant states, in effect, he was never allowed an appeal, or
sent to rehabilitation by his unit commander.  He claims that he was
unjustly forced out of the Army and denied reenlistment.  He states that he
would like to reenter the Army as soon as possible even if it requires him
to go back through basic training.

3.  The applicant provides a self-authored statement and a copy of his
separation document (DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 6 November 1987.  The application submitted in this case
is dated
5 April 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 16 November 1987.  He was trained in, awarded, and
served in military occupational specialty (MOS) 36C (Wire Systems
Installer), and the highest rank he attained while serving on active duty
was specialist four (SP4).

4.  The applicant’s DA Form 2-1 further shows that during his active duty
tenure, he earned the Army Good Conduct Medal, Army Service Ribbon, and
Expert Qualification Badge with Rifle Bar.

5.  On 5 August 1987, the applicant accepted nonjudicial punishment (NJP)
under the provisions of Article 15 of the Uniform Code of Military Justice
(UCMJ), for the wrongful use of marijuana.  His punishment included a
reduction to private/E-2 (PV2).

6.  On 2 September 1987, the unit commander notified the applicant she was
initiating separation action on him under the provisions of chapter 14,
Army Regulation 635-200, by reason of misconduct - abuse of illegal drugs.
The unit commander cited the applicant’s illegal use of marijuana as the
basis for the action.

7.  On 8 September 1987, the applicant consulted with legal counsel and was
advised of the basis of the contemplated separation action and its effects,
of the rights available to him, and the effect of any action taken by him
to waive those rights.  Subsequent to this counseling, the applicant
elected not to submit a statement in his own behalf.

8.  On 8 October 1987, the applicant accepted NJP for absenting himself
from his unit.  His punishment included a reduction to PVI.

9.  On 21 October 1987, the separation authority approved the applicant’s
separation and directed he receive a GD.  On 6 November 1987, the applicant
was discharged accordingly.  The DD Form 214 he was issued at the time
confirms he was separated under the provisions of paragraph 14-12c,
Army Regulation 635-200, by reason of misconduct (drug abuse) after
completing a total of 3 years, 11 months, and 21 days of active military
service.

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.  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.  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.

2.  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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 November 1987.  Thus, the time for
him to file a request for correction of any error or injustice expired on 5
November 1990.  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

___BPI__  ___DWS_  ___EEM_  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.




            ____Bernard P. Ingold____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005588                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1987/11/06                              |
|DISCHARGE AUTHORITY     |AR 635-200 C14                          |
|DISCHARGE REASON        |Misconduct-Drug Abuse                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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