RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 October 2006
      DOCKET NUMBER:  AR20060005157


      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 Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Mr. Bernard Ingold                |     |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, in effect, that his general discharge be
upgraded to honorable.

2.  The applicant states, in effect, that he became mentally unstable and
began cutting himself and became aggressive towards others after he was
wrongly accused of being a homosexual and investigated by authorities.  He
contends that after he was investigated it was implied that the authorities
did not believe he was not a homosexual.  He further contends that he was
too embarrassed to say anything to anyone until now and that had this
incident not occurred he would have continued his service in the Army.

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 2 July 1986.  The application submitted in this case is dated 3
April 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 14 August 1984 for a period of 4 years.  He
successfully completed One Station Unit Training in military occupational
specialty 11M (infantryman).

4.  Between 14 June 1985 and 23 August 1985, the applicant was counseled on
four occasions for various infractions which included being late for
formation, failure to follow orders, and two alcohol related incidents.

5.  On 20 April 1986, nonjudicial punishment was imposed against the
applicant for destroying military property (a water cooler).  His
punishment consisted of a forfeiture of pay and restriction.

6.  On 5 June 1986, the applicant was notified of his pending separation
under the provisions of Army Regulation 635-200, chapter 13, for
unsatisfactory performance.

7.  On 5 June 1986, after consulting with counsel, the applicant
acknowledged that he might encounter substantial prejudice in civilian life
if a general discharge were issued.  He also elected not to submit a
statement in his own behalf.

8.  On 12 June 1986, the applicant underwent a mental status evaluation.
The psychiatrist found him mentally responsible and psychiatrically cleared
for any administrative action deemed appropriate by his command.

9.  On 23 June 1986, the separation authority approved the recommendation
for separation and directed that the applicant be furnished a general
discharge.

10.  Accordingly, the applicant was discharged with a general discharge on
23 June 1986 under the provisions of Army Regulation 635-200, chapter 13,
for unsatisfactory performance.  He had served a total of 1 year, 10
months, and 19 days of creditable active service.

11.  There is no evidence that the applicant applied to the Army Discharge
Review Board for upgrade of his discharge within its 15-year statute of
limitations.

12.  Army Regulation 635-200 sets forth the requirements and procedures for
administrative discharge of enlisted personnel.  Chapter 13 of this
regulation, in effect at the time, provides for separation due to
unsatisfactory performance when in the commander’s judgment the individual
will not become a satisfactory Soldier; retention will have an adverse
impact on military discipline, good order and morale; the service member
will be a disruptive influence in the future; the basis for separation will
continue or recur; and/or the ability of the service member to perform
effectively in the future, including potential for advancement or
leadership, is unlikely.  Service of Soldiers separated because of
unsatisfactory performance under this regulation will be characterized as
honorable or under honorable conditions.

13.  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.  Although the applicant contends that he was mentally unstable at the
time of his discharge, medical evidence of record shows he was found
mentally responsible and psychiatrically cleared for separation on 12 June
1986 by a psychiatrist.

2.  There is no evidence of record and the applicant did not provide any
evidence to corroborate his current contentions.  Since his record of
service included adverse counseling statements and one nonjudicial
punishment, his quality 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.

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.  Records show the applicant should have discovered the alleged injustice
now under consideration on 2 July 1986; therefore, the time for the
applicant to file a request for correction of any injustice expired on 1
July 1989.  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

JA______  __JM___  _BI______  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  Anderholm________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005157                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061031                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19860623                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 13                   |
|DISCHARGE REASON        |Unsatisfactory Performance              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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