RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050017628


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Mr. Donald Lewy                   |     |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
honorable.

2.  The applicant states, in effect, he would like to have his overall good
service reflected on his DD Form 214 (Certificate of Release or Discharge
from Active Duty) rather than the narrative that appears on it at this
time.  He states he was a highly motivated Soldier in basic training and
advanced individual training; however, he severely injured his arm and was
placed on limited duty and this put him in a bad light with a small click
(sic) of individuals (noncommissioned officer supply staff sergeant and two
lieutenants).  He further states that he went on sick leave and due to a
charter flight cancellation he was four days late on his return.  He claims
he called his unit and advised them of his flight scheduling problem;
however, one of the above mentioned individuals was acting company
commander and reduced him to E-1.

3.  The applicant provides a copy of his General Discharge Certificate; his
post service accomplishments; three character reference letters; two award
nominations; a certificate of achievement; a certificate of appreciation;
and a letter, dated 6 June 2005, from the National Personnel Records Center
in St. Louis, Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 31 March 1983.  The application submitted in this case is dated
3 December 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 on 2 June 1981 for a period of 3 years.  He
successfully completed One Station Unit Training in military occupational
specialty 12B (combat engineer).

4.  On 15 October 1982, nonjudicial punishment was imposed against the
applicant for recklessly destroying a barracks door.  His punishment
consisted of a reduction to E-2 (suspended) and extra duty.

5.  On 27 December 1982, nonjudicial punishment was imposed against the
applicant for failure to repair, being drunk and disorderly, and using
disrespectful language toward his superior noncommissioned officer.  His
punishment consisted of a reduction to E-1 and a forfeiture of pay.

6.  On 20 January 1983, nonjudicial punishment was imposed against the
applicant for at least three specifications of failure to repair.  The
continuation sheet for this DA Form 2627 (Record of Proceedings under
Article 15, UCMJ) is not available.  His punishment consisted of a
forfeiture of pay.

7.  The facts and circumstances surrounding the applicant’s discharge are
not contained in the available records.  However, his DD Form 214 shows he
was discharged with a general discharge on 31 March 1983 under the
provisions of Army Regulation 635-200, chapter 14, for misconduct (pattern
of misconduct).  He had served a total of 1 year, 9 months, and 25 days of
creditable active service with 5 days of lost time due to AWOL.

8.  There is no indication in the available records which shows the
applicant applied to the Army Discharge Review Board within its 15-year
statute of limitations.

9.  In support of his claim, the applicant submitted three character
reference letters from two former employers and a colleague.  They attest
that the applicant was dependable, trustworthy, dedicated, an excellent
employee, and a tremendous asset.

10.  Army Regulation 635-200 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.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  Good post service conduct and accomplishments, by themselves, are not
bases for upgrading a discharge.

2.  The character reference letters submitted on behalf of the applicant
fail to show that his discharge was unjust and should be upgraded.

3.  In the absence of evidence to the contrary, it must be presumed that
the applicant’s separation was administratively correct and in conformance
with applicable regulations.  Without having the discharge packet to
consider, it is presumed his characterization of service was commensurate
with his overall record of service.  As a result, there is no basis for
granting the applicant's request.

4.  Records show the applicant should have discovered the alleged injustice
now under consideration on 31 March 1983; therefore, the time for the
applicant to file a request for correction of any injustice expired on 30
March 1986.  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

JV_____  __BE____  _DL_____  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.




                                  ____James Vick________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017628                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060719                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19830331                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 14                   |
|DISCHARGE REASON        |Misconduct (pattern of misconduct)      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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