RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060002242


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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 his bad conduct discharge be upgraded to a
general discharge or an honorable discharge and the reason for his
discharge also be changed.

2.  The applicant states, in effect, that he was a great trooper and he
received the Combat Infantryman Badge, Airborne Wings, British Jump Wings,
and all of his unit awards and a special award for serving in the Panama
War.  He states that his neck was injured in England, he had two military
operations on both of his arms, and he is having problems with both arms.

3.  The applicant does not provide any additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 January 1993, the date of his bad conduct discharge
from active duty.  The application submitted in this case was received on
10 February 2006.

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 records show he enlisted in the Regular Army on  
5 January 1989.  He attended basic combat training and advanced individual
training and was awarded the military occupational specialty 11B10
(Infantryman).

4.  His records show he served with Company A, 3rd Battalion, 504th
Parachute Infantry Regiment, 82nd Airborne Division.

5.  On 26 June 1991, the applicant was convicted by a general court-martial
of one specification of intentionally injuring himself on 28 November 1990.
 His sentence consisted of a bad conduct discharge, confinement for four
months,


forfeiture of $300 pay per month for four months, and reduction from
Private First Class/pay grade E-3 to Private/pay grade E-1.

6.  On 7 July 1992, the United States Army Court of Military Review (ACMR)
affirmed the court-martial’s finding of guilty and sentence in the
applicant's case.  In the ACMR’s written opinion, the applicant’s
contention that he did not receive a speedy trial was addressed at length.
In that regard, the ACMR stated that the applicant’s commander revoked his
pass privileges, his right to wear civilian clothes, and required him to
stay on post.  He was allowed to go anywhere on post without escort, but
had to sign in every hour after 2200 hours until he went to bed.  As with
the rest of the Soldiers in his unit, because of the potential deployment
to support Operation Desert Shield, he was required to sign out if he left
the barracks.  The ACMR determined that the applicant received a
sufficiently speedy trial.

7.  On 7 December 1992, the appropriate authority approved the finding of
guilty and sentence from the General Court-Martial and directed that the
bad conduct discharge finally be executed.  On 7 January 1993, the
applicant was discharged accordingly.  The DD Form 214 (Certificate of
Release or Discharge from active duty) he was issued confirms he completed
a total of 3 years, 8 months, and  
23 days of creditable active military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested that his bad conduct discharge be upgraded to a
general discharge or an honorable discharge and the reason for his
discharge be changed.

2.  It must be presumed that the applicant's military record was considered
by his court-martial during his trial.  However, the severity of his
intentionally injuring himself when his unit was pending potential
deployment to support Operation Desert Shield clearly outweighed his
military accomplishments.  As such, the bad conduct discharge was the
appropriate characterization of service.

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.  Therefore, he is not
entitled to correction of his records to show a general discharge or an
honorable discharge or to show a different reason for his discharge.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 January 1993; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on  
6 January 1996.  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

____lds__  ____am_  ___pms__  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.




                                  _________Linda D. Simmons_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002242                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]