RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2006
      DOCKET NUMBER:  AR20060004797


      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 Gunlicks                |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Scott Faught                  |     |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 at the time he was young and entering in to a
world that he did not understand.  He contends that 30 years later, his
life is completely changed.  He states that he has been a pastor/bishop for
20 years, that he has served his country with dedication, and that he has
been in alliance with different branches of the government from mayor,
senator, congressman, etc.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from Active Duty); a resume; and a General Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 15 August 1977.  The application submitted in this case is
dated 24 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 was born on 13 May 1955.  He enlisted on 20 December 1974
for a period of 3 years.  He successfully completed basic combat training
and advanced individual training in military occupational specialty (MOS)
76P (stock control and accounting specialist) and was later awarded MOS 76D
(material supply man).

4.  On 27 February 1976, nonjudicial punishment was imposed against the
applicant for violating a lawful general regulation and being drunk and
disorderly. His punishment consisted of a forfeiture of pay (suspended) and
extra duty (suspended).

5.  On 28 September 1976, nonjudicial punishment was imposed against the
applicant for being derelict in the performance of his duties.  His
punishment consisted of a forfeiture of pay.

6.  On 13 April 1977, nonjudicial punishment was imposed against the
applicant for disobeying a lawful order.  His punishment consisted of a
reduction to E-2.

7.  On 21 May 1977, nonjudicial punishment was imposed against the
applicant for failure to repair.  His punishment consisted of a reduction
to E-1.

8.  On 31 May 1977, the applicant was notified of his pending separation
under the provisions of Army Regulation 635-200, paragraph 5-37, under the
Expeditious Discharge Program.  On 1 June 1977, the applicant did not
voluntarily consent to this discharge.

9.  Records show that between 19 January 1977 and 11 July 1977, the
applicant was counseled on numerous occasions for various infractions to
include being absent without leave from his place of duty, leaving his
appointed place of duty, being late for duty, and substandard performance.

10.  On 12 July 1977, the applicant was notified of his pending separation
under the provisions of Army Regulation 635-200, chapter 13, paragraph 13-
5b(3) for unsuitability-apathy, defective attitude or inability to expend
effort constructively.

11.  On 19 July 1977, a bar to reenlistment was imposed against the
applicant.

12.  On 21 July 1977, after consulting with counsel, the applicant waived
consideration of his case by a board of officers, waived representation by
counsel, and he acknowledged that he understood that he might receive a
general discharge.  He also elected to submit a statement on his behalf.
In summary, he stated that he felt pressure from his supervisors and he
began to get into trouble when he came back from emergency leave for his
grandfather’s funeral.  He states that his grandparents raised him and his
leaders could not understand why he needed an extension on his leave.  He
further states that the evidence against him is substantial; however, he
felt that some of the statements and Article 15s were not just.

13.  On 2 August 1977, the separation authority approved the recommendation
for separation and directed that the applicant be furnished a general
discharge.

14.  On 15 August 1977, the applicant was discharged with a general
discharge under the provisions of Army Regulation 635-200, chapter 13,
paragraph
13-5b(3), for unsuitability-apathy, defective attitude or inability to
expend effort constructively.  He had served 2 years, 7 months, and 26 days
of creditable active service.

15.  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.

16.  Army Regulation 635-200, in effect at the time, set forth the basic
authority for separation of enlisted personnel for unfitness or
unsuitability.  Chapter 13, paragraph 13-5b(3) of Army Regulation 635-200
provides for discharge due to unsuitability because of apathy, defective
attitudes, and inability to expend effort constructively.  The regulation
states that when separation for unsuitability was warranted an honorable or
general discharge was issued as warranted by the member’s military record.

17.  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.  Age is not a sufficiently mitigating factor.  The applicant was almost
20 years old when he enlisted and he successfully completed basic training
and advanced individual training.  Also, it appears he completed 14 months
of service prior to his first disciplinary action.

2.  Good post service conduct alone is not a basis for upgrading a
discharge.

3.  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.

4.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

5.  The applicant’s record of service included four nonjudicial
punishments, numerous adverse counseling statements, and a bar to
reenlistment.  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.

6.  Records show the applicant should have discovered the alleged injustice
now under consideration on 15 August 1977; therefore, the time for the
applicant to file a request for correction of any injustice expired on 14
August 1980.  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

JG_____  _MF____  __SF_____  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 Gunlicks________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004797                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061005                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19770815                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 13                   |
|DISCHARGE REASON        |Unsuitability                           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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