RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 December 2005
      DOCKET NUMBER:  AR20050008060


      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. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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) to an honorable discharge (HD), and
change to the reason for his separation.

2.  The applicant states, in effect, his GD should be upgraded to an HD,
and that unsatisfactory performance was not the reason for his discharge.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 26 February 1986.  The application submitted in this case
is dated 16 May 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 28 November 1984.  He was trained in and awarded
military occupational specialty (MOS) 19D (Cavalry Scout), and the highest
rank he attained while serving on active duty was private first class
(PFC).  The record further shows that during his active duty tenure, he
earned the Army Service Ribbon, Sharpshooter Qualification Badge with Rifle
Bar and Hand Grenade
1st Class Qualification Badge.  The record documents no acts of valor,
significant achievement or service warranting special recognition.

4.  On 19 February 1985, the applicant accepted nonjudicial punishment
(NJP) under the provisions of Article 15 of the Uniform Code of Military
Justice (UCMJ), for sleeping on guard duty.  His punishment for this
offense included 14 days of restriction and extra duty.

5.  On 18 December 1985, the applicant received a general officer Letter of
Reprimand (LOR), for being apprehended for driving under the influence.
6.  On 19 December 1985, he also accepted NJP for being derelict in the
performance of his duties as charge of quarters.  His punishment for this
offense included a reduction to private/E-2 (PV2) and 14 days of extra duty
and restriction; and on 30 January 1986, he accepted NJP for failing to go
to his appointed place of duty at the prescribed time.  His punishment for
this offense included a reduction to private/E-1 and 14 days of extra duty.


7.  On 30 January 1986, his unit commander notified the applicant that he
was initiating action to separate him under the provisions of chapter 13,
Army Regulation 635-200, by reason of unsatisfactory performance, and that
he was recommending he receive a GD.

8.  On 30 January 1986, the applicant consulted with legal counsel and was
advised of the basis for the contemplated separation action for
unsatisfactory performance, its effects and of the rights available to him.
 Subsequent to this counseling, he elected not to submit statements in his
own behalf.

9.  On 10 February 1986, the separation authority approved the applicant’s
separation and directed he receive a GD. On 26 February 1986, the applicant
was discharged accordingly.  The DD Form 214 he was issued confirms he
completed a total of 1 year, 2 months and 29 days of active military
service.

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

11.  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.

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, it is concluded the characterization of and reason for his
discharge were proper and equitable, and that his discharge accurately
reflects his overall record of service.

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 this requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 February 1986.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 25 February 1989.  However, he 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

________  ________  ________  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.




            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050008060                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/DD                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1986/02/26                              |
|DISCHARGE AUTHORITY     |AR 635-200  C13                         |
|DISCHARGE REASON        |Unsatisfactory Performance              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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