RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 December 2005
      DOCKET NUMBER:  AR20050006942


      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. John T. Meixell               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard G. Sayre              |     |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, an upgrade of his general, under
honorable conditions discharge (GD), and that the Expert Field Medical
Badge (EFMB) be added to his record and separation document (DD Form 214).


2.  The applicant states, in effect, that his EFMB is not included on his
DD Form 214, and that he requests and upgrade of his GD.  He states that
after 3 years,
8 months, and 26 days of service, and after having earned the Army
Achievement Medal (AAM) and Army Good Conduct Medal (AGCM), he was unjustly
separated for unsatisfactory performance.

3.  The applicant provides a copy of his 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 12 May 1986.  The application submitted in this case is
dated
24 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 that he enlisted in the Regular Army and
entered active duty on 17 August 1982.  He was trained in, awarded, and
served in military occupational specialty (MOS) 91A (Medical Specialist),
and the highest rank he attained while serving on active duty was
specialist (SPC).

4.  The applicant’s record shows that during his active duty tenure, he
earned the AAM, AGCM, Army Service Ribbon, and Overseas Service Ribbon.
There are no other acts of valor, significant achievement, or service
warranting special recognition documented in his record.

5.  The applicant’s record also shows that on 7 March 1986, he accepted
nonjudicial punishment (NJP) under the provisions of Article 15 of the
Uniform Code of Military Justice (UCMJ) for wrongfully using marijuana
between on or about 22 September and on or about 21 October 1985.  His
punishment for this offense included a reduction to private (PV1)/E-1,
forfeiture of $319.00 per month for two months, and 45 days restriction.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any
orders, or other documents showing he was ever completed the requirements
for, was recommended for, or was awarded the EFMB.

7.  On 9 April 1986, the applicant’s unit commander notified the applicant
he was initiating action to separate him under the provisions chapter 13,
Army Regulation 635-200, by reason of unsatisfactory performance.

8.  On 15 April 1986, the applicant consulted with legal counsel and was
advised of the basis for the contemplated separation, its effects, the
rights available to him and the effect of a waiver of his rights.
Subsequent to this counseling, the applicant elected to submit a statement
in his own behalf.  In his statement, the applicant indicated that he had
done everything he could to prove he did not smoke marijuana.  He also
stated that he knew he came up positive on two Urinalysis tests, but he did
not know why.  He further stated he was a good Soldier and Medical Corpsman
(MEDIC) and whenever he was given a task, he completed it.  He indicated he
would like to stay in the Army, and that he was trying to pay back a
college loan, which would be difficult if he were separated.  He concluded
by stating his experience as a Soldier and Medic would make him a good
asset to the medical platoon and the Army.

9.  On 15 April 1986, the unit commander initiated action to separate the
applicant under the provisions of chapter 13, Army Regulation 635-200, by
reason of unsatisfactory performance.  The unit commander cited the
applicant’s frequent minor disciplinary problems, to include an Article 15
for wrongful use of marijuana and below average job performance as his
reasons for taking the action.

10.  On 25 April 1986, the separation authority approved the applicant’s
separation and directed the applicant receive a GD.  On 12 May 1986, the
applicant was discharged accordingly.

11.  The DD Form 214 issued to the applicant on the date of his separation
confirms he was separated under the provisions of chapter 13, Army
Regulation 635-200, by reason of unsatisfactory performance after
completing 3 years,
8 months, and 26 days of active military service.

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

13.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 13 contains the policy and
outlines the procedures for separating individuals for unsatisfactory
performance, and provides, in pertinent part, that commanders will separate
a member under this chapter when, in the commander's judgment, the member
will not develop sufficiently to participate satisfactorily in further
training and/or become a satisfactory Soldier.

14.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s
awards policy.  Paragraph 8- 9 contains guidance on the EFMB.  It states,
in pertinent part, that it is awarded by commanders with capabilities to
conduct all required test phases identified in the applicable training
circular upon successful completing of testing.  Enlisted personnel must
have an Army Medical Department (AMEDD) primary MOS and must successfully
pass all tests parts prescribed by the governing circular.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant’s separation
processing was accomplished in accordance with the applicable regulation.
All requirements of law and regulation were met and that the rights of the
applicant were fully protected throughout his separation processing.
Therefore, there is an insufficient evidentiary basis to support an upgrade
of his discharge at this time.

2.  The applicant’s record is void of any orders, or other documents that
indicate he ever completed the necessary testing, or that he was ever
recommended for or awarded the EFMB by proper authority.  As a result,
there is insufficient evidence to support adding this award to his record
at this time.

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 12 May 1986.  Therefore, the time for
him to file request for correction of any error or injustice expired on 11
May 1989.  However, 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

___JTM  _  __ML___  ___RGS _  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 T. Meixell____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006942                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/01                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1986/05/12                              |
|DISCHARGE AUTHORITY     |AR 635-200 C13                          |
|DISCHARGE REASON        |Unsat Perf                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  189  |110.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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