RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 November 2006
      DOCKET NUMBER:  AR20060003688


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |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 under honorable conditions
discharge be upgraded to an honorable discharge.

2.  The applicant states he was a young man with an alcohol problem while
he was in the Army.  He sought out and received treatment for his drug and
alcohol problems.  He states that, even though he was successful in his
drug/alcohol treatment program, he was still released from the Army with a
general under honorable conditions discharge.  He states he has graduated
from college, raised a family, and worked for the U.S. Navy since that
time.  He believes that he has been punished enough and requests an upgrade
to honorable.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 28 August 1981.  The application submitted in this case is
dated 11 March 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 enlisted in the Regular Army on 5 February 1980 at 18
years of age.  He completed basic training and advanced individual training
at Fort Leonard Wood, Missouri.  He was awarded military occupational
specialty 62B (Construction Equipment Repairer) and was assigned to Germany
in May 1980.

4.  The applicant received formal counseling on 5 November 1980 and
12 November 1980 for not showing up for work and for his insubordination to
his squad leader.  He was also counseled regarding his performance as a
mechanic.

5.  He was advanced to private first class on 5 March 1981.

6.  On 9 April 1981, the applicant accepted nonjudicial punishment under
Article 15, Uniform Code of Military Justice for wrongful possession of
some amount of marijuana.  His punishment consisted of a reduction to
private E-2 (suspended for 90 days); a forfeiture of $100.00 (suspended for
90 days); extra duty for 14 days; and restriction for 14 days to billets,
mess hall, place of duty, and place of worship.  The suspension of the
punishments of reduction to private E-2 and a forfeiture of $100.00 were
later vacated.

7.  The applicant received formal counseling on 7 May 1981 for failing to
report for his shift of motor pool guard.

8.  On 19 May 1981, the applicant accepted nonjudicial punishment under
Article 15, Uniform Code of Military Justice for being found drunk on duty
as a member of the post police detail and for failing to go to his
appointed place of duty.  His punishment consisted of a reduction to
private E-1 (suspended for 120 days); a forfeiture of $200.00 per month for
2 months; extra duty for 45 days; and restriction for 45 days to billets,
mess hall, place of duty, and place of worship (20 days of which were
suspended for 120 days).  On 11 June 1981, the suspension of the punishment
of reduction to private E-1 and restriction for 45 days were vacated.

9.  On 6 July 1981, the applicant’s unit commander notified him of pending
separation action under the provisions of Army Regulation 635-200,
paragraph 13 for unsuitability.  He was advised of his rights.  The unit
commander stated that the applicant had shown immaturity and a complete
lack of interest in performing his assigned tasks.  He also stated that the
applicant had repeatedly failed to perform to acceptable standards; had
absented himself from his appointed place of duty; had abused alcohol and
marijuana; and had resisted all efforts for rehabilitation.

10.  The applicant acknowledged receipt of the notification, consulted with
legal counsel, waived consideration of his case by a board of officers, and
did not submit statements in his own behalf.

11.  On 8 July 1981, the unit commander recommended that the applicant be
separated from the service before his expiration of term of service for
unsuitability, apathy, defective attitudes, and inability to expend effort
constructively.

12.  On 24 August 1981, the separation authority approved the separation,
waived rehabilitation requirements, and directed issuance of a General
Discharge Certificate.

13.  The applicant was discharged on 28 August 1981 under the provisions of
Army Regulation 635-200, paragraph 13-4c(2) by reason of unsuitability –
apathy, defective attitude or inability to expend effort constructively.
He had completed 1 year, 6 months and 24 days of active military service.

14.  There is no evidence of record which shows the applicant applied to
the Army Discharge Review Board (ADRB) within its 15-year statute of
limitations.

15.  Chapter 13 of Army Regulation 635-200, applied to separation for
unfitness and unsuitability.  At that time, paragraph 13-4c provided for
the separation of individuals for unsuitability whose record evidenced
apathy (lack of appropriate interest), defective attitudes, and an
inability to expend effort constructively.  When separation for
unsuitability was warranted, an honorable or general discharge was issued
as determined by the separation authority based upon the individual’s
entire record.

16.  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, or is
otherwise so meritorious that any other characterization would be clearly
inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative discharge proceedings under the
provisions of Army Regulation 635-200, paragraph 13-4c(2) were conducted in
accordance with law and regulations applicable at that time.

2.  The applicant's service record shows he received two Article 15s, one
for wrongful possession of some amount of marijuana and one for being found
drunk on duty and for failing to go to his appointed place of duty.  In
addition, he received adverse counseling statements.

3.  The applicant's overall military service did not meet the standards of
acceptable conduct and performance of duty for Army personnel sufficient to
warrant an honorable discharge.  Therefore, the applicant's record of
service is insufficiently meritorious to warrant an upgrade to honorable.

4.  There is no apparent error, injustice, or inequity on which to base
recharacterization of his discharge to honorable.


5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 August 1981; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 August 1984.  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

JM______  SP______  DP______  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.




                                  John Meixell___________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003688                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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