RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20060004572


      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. William Crain                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. David Tucker                  |     |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 that he has matured since his discharge.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 30 June 1989.  The application submitted in this case is dated
14 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 on 29 September 1987 for a period of 4 years.
He successfully completed One Station Unit Training in military
occupational specialty 11C (indirect fire infantryman).

4.  On 3 May 1989, nonjudicial punishment was imposed against the applicant
for using cocaine on or about 16 March 1989.  His punishment consisted of a
reduction to E-1, a forfeiture of pay, and extra duty.

5.  On 9 June 1989, the applicant was notified of his pending separation
under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-
12, for misconduct (abuse of illegal drugs).  He consulted with counsel and
was advised of his rights.  He acknowledged that he might encounter
substantial prejudice in civilian life if a general discharge was issued
and he elected not to submit a statement on his own behalf.

6.  On 12 June 1989, the unit commander initiated action to separate the
applicant under the provisions of Army Regulation 635-200, paragraph 14-12,
for misconduct (abuse of illegal drugs).  He cited the applicant’s positive
urinalysis for cocaine on 16 March 1989.

7.  On 16 June 1989, the separation authority approved the recommendation
for discharge and directed the issuance of a general discharge.

8.  Accordingly, the applicant was discharged on 30 June 1989 with a
general discharge under the provisions of Army Regulation 635-200, chapter
14, paragraph 14-12c, for misconduct (abuse of illegal drugs).  He had
served
1 year, 9 months, and 2 days of creditable active service.

9.  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.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel from active duty.  Chapter 14, in effect
at the time, established policy and prescribes procedures for separating
members for misconduct.  Specific categories included minor disciplinary
infractions, a pattern of misconduct, commission of a serious offense,
conviction by civil authorities, and abuse of illegal drugs.  The issuance
of a discharge under other than honorable conditions is normally considered
appropriate.  However, the separation authority may direct a general
discharge if such is merited by the member's overall record.

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.  Evidence of record shows the applicant was discharged for misconduct
due to drug abuse.  As a result, his record of service did not meet the
standards of acceptable conduct and performance of duty for Army personnel.
 Therefore, the applicant's record of service is insufficiently meritorious
to warrant an honorable discharge.

2.  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.

3.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.
4.  Records show the applicant should have discovered the alleged injustice
now under consideration on 30 June 1989; therefore, the time for the
applicant to file a request for correction of any injustice expired on 29
June 1992.  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

WC_____  _JR_____  _DT____  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 Crain______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004572                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19890630                                |
|DISCHARGE AUTHORITY     |AR 635-200  Chapter 14                  |
|DISCHARGE REASON        |Misconduct (abuse of illegal drugs)     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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