RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       25 July 2006
      DOCKET NUMBER:  AR20060001184


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 and that his narrative reason for discharge be changed to
something like “Family Hardship” or something similar to that.

2.  The applicant states, in effect, that he is now a Federal police
officer and he is trying to gain employment with another Federal agency
that requires an honorable discharge and he desires to have his discharge
upgraded and the narrative reason for separation changed to a more
favorable reason.  He goes on to state that at the time he was experiencing
marital problems and his marriage was in trouble of ending because they
were never together and she returned to Hong Kong.  He continues by stating
that he was very young at the time and he made some bad choices and used
marijuana.  He also states that he has paid for his mistakes many times
over and that he is still married to the same woman and now has a 16 year
old daughter.  He has never been arrested as an adult and has continued to
serve his country to the best of his abilities and desires to better
provide for his family and improve his career options.  He further states
that he deserves an upgrade because  of his loyal service to his country.


3.  The applicant provides a Notification of Personnel Action
    (Standard Form 50-B) which shows his employment as a police officer at
the National Guard Bureau Readiness Center.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 5 May 1988.  The application submitted in this case is dated 24
January 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 was born on 13 August 1959 and he enlisted in the United
States Army Reserve (USAR) under the Delayed Entry Program (DEP) on
20 November 1981.  He enlisted in the Regular Army on 30 December 1981 for
a period of 3 years, training in the infantry career management field and
assignment to Korea.  He was single at the time of his enlistment.

4.  He completed his one-station unit training at Fort Benning, Georgia,
and was transferred to Korea on 28 April 1982.  He served in Korea until 27
April 1983, when he was transferred to Fort Hood, Texas.

5.  The applicant got married in Bell County, Texas on 2 September 1983,
was advanced to the pay grade of E-4 on 1 November 1983 and he reenlisted
on 5 July 1984 for a period of 5 years and a selective reenlistment bonus
(SRB).

6.   He was transferred to Germany on 14 January 1986 and his spouse
arrived in Germany in April 1986 to serve a with dependents tour.  He was
promoted to the pay grade of E-5 on 8 October 1986.

7.  On 27 February 1987, he was counseled regarding dishonored checks he
wrote to the finance office.  On 13 March 1987, the applicant was counseled
regarding an overdue phone bill in the amount of 1,452.25 DM (deutsche
marks), approximately $900.00.

8.  On 7 April 1987, nonjudicial punishment (NJP) was imposed against him
for the wrongful use of marijuana between 6 February and 18 February 1987.
His punishment consisted of a reduction to the pay grade of E-4, a
forfeiture of pay, extra duty and restriction (suspended for 45 days).  He
did not appeal the punishment.

9.  On 17 February 1988, NJP was imposed against him for the wrongful use
of marijuana on or before 28 December 1987.  His punishment consisted of a
reduction to the pay grade of E-3, a forfeiture of pay, extra duty and
restriction.  He did not appeal the punishment and he was 27 years of age
at the time.

10.  On 29 February 1988, the applicant’s commander notified him that he
was initiating action to separate him from the service under the provisions
of Army Regulation 635-200, chapter 14, due to misconduct for commission of
a serious offense.  He cited as the basis for his recommendation the
applicant’s two drug offenses.

11.  The applicant underwent a mental status evaluation and was cleared for
any action deemed appropriate by the chain of command.

12.  After consulting with counsel, the applicant elected not to submit a
statement in his own behalf.  He also acknowledged that he understood that
he could apply to the Army Discharge Review Board (ADRB) and this Board to
request an upgrade of his discharge but understood that making application
to either boards did not imply that his discharge would be upgraded.

13.  The appropriate authority approved the recommendation for discharge on
28 March 1988 and directed that he be furnished a General Discharge
Certificate.

14.  Accordingly, he was discharged under honorable conditions on 5 May
1988, under the provisions of Army Regulation 635-200, paragraph 14-12c,
due to misconduct – abuse of illegal drugs.  He had served 6 years, 4
months and 6 days of total active service.

15.  There is no evidence in the available records to show that he ever
applied to the ADRB for an upgrade of his discharge within that board’s 15-
year statute of limitations.

16.  Army Regulation 635-200, sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
procedures for separating personnel for misconduct.  Specific categories
included minor infractions, a pattern of misconduct, involvement in
frequent incidents of a discreditable nature with civil and military
authorities, and commission of a serious offense, which includes drug
offenses.  Although an honorable or general discharge is authorized, a
discharge under other than honorable conditions is normally considered
appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.

2.  Accordingly, the characterization and the narrative reason for
separation were appropriate for the circumstances of his case.

3.   The applicant’s contentions have been noted; however, they are not
sufficiently mitigating when compared to the nature of his offenses.  The
applicant’s overall service does not rise to the level of an honorable
discharge.



4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 May 1988; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 4 May 1991.  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

__LD____  _ALR___  ___PMT__  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.




                                  _____Allen L. Raub _______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060001184                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |(GD)                                    |
|DATE OF DISCHARGE       |1988/05/05                              |
|DISCHARGE AUTHORITY     |AR635-200/ch14 . . . . .                |
|DISCHARGE REASON        |Misconduct/drugs                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |                                        |
|1.144.6000/626/a60.00   |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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