RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060001317


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 discharge be upgraded.

2.  The applicant states he was young and made a bad choice when he went
AWOL (absent without leave) and became scared to come back.  He had served
three of his four-year obligation before he went AWOL.  He doesn’t want to
go to his grave with this on his record.

3.  The applicant provides a copy of his DD Form 214 Certificate of Release
or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 April 1987, the date of his discharge.  The
application submitted in this case is dated 11 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 records show the applicant enlisted in the United States Army
Reserve (USAR) on 27 August 1982 under the Delayed Entry Program (DEP) at
age 18.  He entered active duty on 21 July 1983, completed training, and
was awarded military occupational specialty (MOS) 15E (Pershing Missile
Crewmember).

4.  On 25 September 1985 the applicant received nonjudicial punishment
(NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for
wrongful use of marijuana.  His punishment was reduction to pay grade E-2
and forfeiture of $347.00 pay per month for two months.

5.  The applicant was AWOL for the periods 27 through 28 January 1986 and
4 March 1986 through 16 March 1987.  Court-martial charges for these
periods of AWOL were preferred on 18 March 1987.


6.  On 18 March 1987, after consulting with counsel and being advised of
his rights and options, the applicant submitted a formal request for
discharge for the good of the service in lieu of trial by court-martial
under the provisions of Army Regulation 635-200, chapter 10.  He
acknowledged he had been advised of and understood his rights under the
Uniform Code of Military Justice, that he could receive an under other than
honorable conditions (UOTHC) discharge which would deprive him of many or
all of his benefits as a veteran, that he could expect to experience
substantial prejudice in civilian life if he received an UOTHC discharge,
and that there is no automatic upgrading or review of a less than honorable
discharge.

7.  The applicant was in excess leave status from 19 March 1987 through
27 April 1987, 39 days, pending completion of his administrative discharge
proceedings.

8.  On 30 March 1987 the discharge authority approved the request for
discharge and directed the applicant be reduced to the lowest enlisted
grade.

9.  The applicant was discharged on 27 April 1987 under the provisions of
Army Regulation 635-200, chapter 10, for the good of the service in lieu of
trial by court-martial.  He had completed 2 years, 8 months, and 23 days of
creditable active service; 10 months and 24 days of inactive service; 379
days of lost time; and 39 days of excess leave.

10.  The record contains no indication that the applicant was considered
for or awarded any significant personal awards or decorations.

11.  There is no indication the applicant applied to the Army Discharge
Review Board within its 15-year statute of limitation.

12.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides,
in pertinent part, that a member who has committed an offense or offenses
for which the authorized punishment includes a punitive discharge may, at
any time after the charges have been preferred, submit a request for
discharge for the good of the service in lieu of trial by court-martial.  A
discharge under other than honorable conditions is normally considered
appropriate.

13.  The Manual for Courts-Martial, Table of Maximum Punishments, sets
forth the maximum punishments for offenses chargeable under the UCMJ.  A
punitive discharge is authorized for offenses under Article 86, for periods
of AWOL in excess of 30 days.
DISCUSSION AND CONCLUSIONS:

1.  The discharge proceedings were conducted in accordance with law and
regulations applicable at the time.  The character of the discharge is
commensurate with the applicant's overall record of military service.

2.  Notwithstanding the applicant's assertion of youth and immaturity, he
was 18 years of age when he entered active duty.  He demonstrated the
capacity to serve by completion of basic combat and advanced individual
training and over two years of service without a discreditable incident.

3.  The applicant’s good service and the mere passage of time do not
sufficiently mitigate the seriousness of the charges that lead to his
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 27 April 1987; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 26 April 1990.  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

__JCR __  __WDP__  __KSJ __  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.




                                  __William D. Powers_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001317                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19870427                                |
|DISCHARGE AUTHORITY     |AR 635-200. . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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