RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2005
      DOCKET NUMBER:  AR20050006108


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 discharge be upgraded to an
honorable discharge.

2.  The applicant states that his discharge was inequitable since it was
based on one incident during 40 months of service.

3.  The applicant provides a one-page statement, dated 12 April 2005; a
copy of his Honorable Discharge Certificate, dated 13 November 1986; his DD
Form 214 (Certificate of Release or Discharge from Active Duty) with a
separation date of 23 October 1987; a copy of the Primary Leadership
Development Course [PLDC] roster for the class 87-3; a certificate of
completion, dated 13 February 1987; a certificate of affiliation, dated 8
April 1987; a Certificate of Achievement, dated 3 August 1984; a DA Form
1059 (Service School Academic Evaluation Report), dated 13 February 1987;
and a Letter of Commendation, dated 2 October 1986.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 23 October 1987, the date of his separation.  The application
submitted in this case is dated 12 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 enlisted in the Army on 25 May 1984 for a period of 3
years.  After completion of basic and advanced individual training, he was
awarded military occupational specialty 72G (Automatic Data
Telecommunications Center Operator).  The applicant was honorably
discharged on 13 November 1986.  On 14 November 1986, he reenlisted for a
period of 5 years.  The applicant served in Korea during the period 5
December 1984 through 3 April 1985 and in Germany during the period 26
March 1987 through 7 September 1987.


4.  The applicant's service records contain a DA Form 4187 (Personnel
Action), dated 8 September 1987, which corrects another DA Form 4187, dated
8 August 1987.  This form shows that the applicant's duty status was
changed from "Ordinary Leave to AWOL [absent without leave], 0001 hours, 8
August 1987."

5.  A DA Form 4187 (date unclear) shows the applicant surrendered himself
to military authorities at Fort Sill, Oklahoma, on 1 September 1987.

6.  A DA Form 4187, dated 8 September 1987, shows the applicant was AWOL on
3 September 1987.  Section IV (Remarks) of this form contains the following
entry: "Soldier was directed to transport himself back to WSMR [White Sands
Missile Range], NM 88002 before 0700 hours, 3 September 1987."

7.  A DA Form 4187, dated 6 October 1987, shows the applicant returned to
military control at Idabel, Oklahoma, on 2 October 1987.

8.  On 9 October 1987, nonjudicial punishment was imposed against the
applicant for being AWOL for the periods 8 August 1987 through 1 September
1987 and 3 September 1987 through 2 October 1987.  The punishment consisted
of restriction for one week, extra duty for one week, forfeiture of $188.00
per month for one month (suspended for one month); and reduction to the
rank of private first class (suspended for one month).

9.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 13 October
1987, shows the applicant underwent a mental evaluation.  The examining
medical officer indicated that the applicant has the mental capacity to
understand and participate in the proceedings, is mentally responsible,
meets the retention requirements, and is psychiatrically cleared for any
administrative action deemed appropriate by the command.

10.  On 13 October 1987, the applicant's company commander recommended that
he be discharged under the provisions of paragraph 14-12b of Army
Regulation 635-200 for misconduct (pattern of misconduct).  The company
commander indicated that the reason for this action was due to the
applicant's AWOL on two occasions from 8 August 1987 through 1 September
1987 and from 3 September 1987 through 2 October 1987.

11.  A DA Form 4856-R (General Counseling Form), dated 14 October 1987,
shows the applicant was counseled for his misconduct.  This form shows the
applicant was advised that his attitude and conduct warranted consideration
for separation under the provisions of chapter 14 of Army Regulation 635-
200 for
misconduct which could result in an issuance of a general discharge.  The
applicant indicated with his signature that he acknowledged, understood,
and concurred with the counseling.

12.  On 14 October 1987, the applicant was notified that he was being
considered for elimination from the service under the provisions of chapter
14, paragraph 14-12b of Army Regulation 635-200 for misconduct.

13.  On 14 October 1987, the applicant indicated that he was counseled by
appropriate counsel, that he is being considered for separation for reason
of misconduct under the provisions of chapter 14 of Army Regulation 635-
200, is not entitled to have his case heard by an administrative separation
board, that he did not provide statements on his own behalf, and that he
waived representation by military counsel.

14.  The applicant also acknowledged and understood that he may encounter
substantial prejudice in civilian life if he is issued a general discharge.

15.  On 15 October 1987, the commanding officer of United States Army Field
Artillery Center & Fort Sill [Oklahoma] approved the discharge under the
provisions of chapter 14 of Army Regulation 635-200 and directed that the
applicant be separated with a general discharge.

16.  The applicant's DD Form 214 shows he was separated on 23 October 1987,
under the provisions of paragraph 14-12b of Army Regulation 635-200, by
reason of misconduct and issued a General Discharge Certificate.  He had
served 3 years, 3 months, and 7 days of net active Federal service with
53 days of lost time due to AWOL.

17.  The applicant submitted a statement, dated 12 April 2005, wherein he
states that his discharge is inequitable because it was based on one
isolated incident in a 40-month period of service that was spotless with
honors.  The applicant continues that he did not discover this error until
he recently applied for an overseas employment and was denied due to his DD
Form 214.

18.  The applicant continued that there "was never a pattern of misconduct"
and when his DD Form 214 was prepared, he was not present nor was he ever
given a copy.  He continues when he reenlisted, an unforeseen family
emergency evolved and he had gone through the chain of command to correct
the problem.  He continues that he tried every avenue to correct the
problem before making the wrong decision.

19.  The applicant further continued that the information listed on his DD
Form 214 has caused him to be denied employment on two occasions and feels
that it was not warranted.  The applicant concludes that he was honorably
retired from law enforcement and is looking to start another career, but,
this situation is hindering him.

20.  The applicant also requests that his Primary Leadership Development
Course and his letters of commendation be annotated on his DD Form 214.

21.  There is no evidence in the available records which shows that the
applicant applied to the Army Discharge Review Board for an upgrade of his
discharge within that board’s 15-year statute of limitation.

22.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel)
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.  However, the separation authority may direct a general
discharge if such is merited by the soldier’s overall record.  Only a
general court-martial convening authority may approve an honorable
discharge or delegate approval authority for an honorable discharge under
this provision of regulation.

23.  Army Regulation 635-200, paragraph 3-7, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  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 (emphasis
added), or is otherwise so meritorious that any other characterization
would be clearly inappropriate.  Whenever there is doubt, it is to be
resolved in favor of the individual.

24.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation in effect at the time directs, in pertinent part, that
the purpose of the separation document is to provide the individual with
documentary evidence of their military service.  It is important that
information entered on the form should be complete and accurate.  The Item
14 (Military Education) instructions states, in pertinent part,  that
courses entered will be taken from the Enlisted Record Brief (ERB) and that
only formal in-service (full-time attendance) training courses successfully
completed during the period of service covered by the DD Form 214 will be
entered.

25.  Army Regulation 635-5 also states that certificates of achievement,
letters of commendation, and similar documents are not recorded on the DD
Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his discharge was inequitable because it
was based on one isolated incident.  He also contends that his 40 month
period of service was spotless and honorable; therefore, his discharge
should be upgraded to an honorable discharge.

2.  Contrary to the applicant's contentions, evidence shows he accepted
nonjudicial punishment for AWOL on two separate occasions.  Evidence also
shows the applicant was counseled on his misconduct and concurred when he
was advised that his attitude and conduct warranted consideration for
separation under the provisions of chapter 14 of Army Regulation 635-200.


3.  Evidence shows that the applicant was properly and equitably discharged
in accordance with the regulations in effect at the time.  Lacking evidence
to the contrary, it is determined that all requirements of law and
regulations were met and the rights of the applicant were fully protected
throughout the separation process.

4.  The applicant’s administrative separation was in compliance with
applicable regulations with no indication of procedural errors which would
tend to jeopardize his rights.  The type of discharge and reason for
separation were appropriate considering all the facts of the case.

5.  The applicant received an honorable discharge from his previous term of
service which reflects favorably on him.  However, this discharge alone is
not a basis for upgrading a discharge and does not mitigate his
indiscipline in the Army, particularly in view of the lost time.

6.  The ABCMR does not grant requests for upgrade of discharges solely for
the purpose of making the applicant eligible for various areas of
employment.

7.  Since the applicant only completed 11 months and 9 days of his five-
year reenlistment commitment and accrued 53 days of lost time due to AWOL,
his quality of military service does not meet the standards of acceptable
conduct and performance of duty for Army personnel.  Therefore, he is not
entitled to an honorable discharge.

8.  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 regarding his request
to upgrade his discharge.

9.  Evidence shows the applicant attended and completed the Primary
Leadership Development Course during the period 14 January 1987 through
13 February 1987.  Therefore, the applicant is entitled to have his
separation document corrected to show this course.

10.  Army Regulation 635-5 does not permit entries for certificates of
achievement or letters of commendation on the DD Form 214.  Therefore,
there is no basis to correct the applicant's DD Form 214 to include his
letters of commendation.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 October 1987; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 22 October 1990.  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

_LMD___  __MHM___  __SK_ _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned by correcting item 14 of his DD Form
214 with the following entry: "Primary Leadership Development Course, 4
weeks (1987)".

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
upgrading his general discharge to an honorable discharge and annotating
his letters of commendation on his DD Form 214.




                                      __Stanley Kelley___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050006108                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1987/10/23                              |
|DISCHARGE AUTHORITY     |AR 635-200, para 14-12b                 |
|DISCHARGE REASON        |Pattern of Misconduct                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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