RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2006
      DOCKET NUMBER:  AR20060005653


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Marla J.N.Troup               |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John G. Heck                  |     |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, upgrade of his discharge.

2.  The applicant states, in effect, that he would like his discharge
upgraded to a fully honorable discharge because at the time of his
discharge he was not mature enough to have handled a responsibility such as
being in the military.  He also states, in effect, that even though there
are others who are young and handle the military well, he was not ready to
handle the military at that time in his life.  The applicant adds that he
has since served honorably in the U.S. Army Reserve (USAR) and Army
National Guard (ARNG) for over 12 years.  He further states that he has
served with honor and patriotism in, or in support of, Operation Iraqi
Freedom, obtained a college degree, plans on obtaining his masters degree,
and is currently working to support the families of permanently and totally
service-connected disabled veterans as a customer service representative at
the Civilian Health and Medical Program at the Department of Veterans
Affairs (CHAMPVA).

3.  The applicant provides copies of 4 of his DD Forms 214 (Certificate of
Release or Discharge from Active Duty), with effective dates of 28 October
1988, 12 May 1995, 14 November 2003, and 8 August 2004; NGB Form 22
(National Guard Bureau - Report of Separation and Record of Service), with
an effective date of 9 December 1998; NGB Form 55A (Honorable Discharge
Certificate), dated 9 December 1998; DA Form 4856 (Developmental Counseling
Form), dated 22 May 2002; Headquarters, State of Colorado, Department of
Military Affairs, Centennial, Colorado, Permanent Orders 160-047, dated 9
June 2002 and Permanent Orders 199-001, dated 18 July 2002; Department of
Veterans Affairs, Regional Office, Denver, Colorado, letter, dated 16
November 2005;
DA Form 2-1 (Personnel Qualification Record) and 714 ADP Aptitude
Information Sheet; 5 DA Forms 1059 (Service School Academic Evaluation
Report), dated
5 May 1996, 29 June 1996, 20 February 1999, 6 June 1999, and 15 February
2003; Primary Leadership Development Course Certificate, dated 14 February
2003; 3 DMVA Forms 600-8-2 (Department of Military and Veterans Affairs
Recommendation for State Award (Individual)), dated 8 March 2005; DMA Form
28-1 (Recommendation for State Award), dated 31 May 2002; Army ACE Registry
Transcript System, dated 19 January 2004; Total Army Distance Learning
Program Enrollment History, dated 2 November 2003; Army Personnel Education
Training History - Army Training Transcript, dated 19 December 2003;
Vincennes University, Vincennes, Indiana, Veterans Upward Bound Certificate
of Completion, Semester of Post Secondary, dated 22 August 1990; Indiana
University, Academic Record, dated 17 May 1995; University of Phoenix,
Registrar's Office, Phoenix, Arizona, Student Transcript, dated 15 April
2003;
5 Aims Community College, Continuing Education Division, Course Completion
Certificates, dated November 1998 thru April 2000; 16 Lucent Technologies,
College of Knowledge, Certificates of Completion, dated 13 August 1999 and
12 October 1999; 77 Smart Force, The e-Learning Company, Certificates of
Completion, dated 1 August 2003 thru 4 October 2003; and Victory with
Verizon, Most Improved Month Over Month Increases April to May, Radio Shack
Store Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 October 1988, the date of his discharge from the U.S. Army.
The application submitted in this case is dated 18 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’s military service records show that his date of birth is
14 December 1968 and that he entered active duty in the Regular Army (RA)
on
20 October 1987.  Upon completion of basic combat training and advanced
individual training, the applicant was awarded military occupational
specialty (MOS) 11H (Heavy Anti-Armor Weapons).

4.  The applicant's military service records are absent a copy of
documentation related to the applicant's administrative separation action.
However, the applicant's military service records contain a DD Form 214,
with an effective date of 28 October 1988.  This document shows that the
reason for the applicant's discharge was a pattern of misconduct and that
he received a general under honorable conditions discharge.  This document
also shows that the applicant completed a total of 1 year and 9 days of
active service.

5.  The applicant's military service records contain a DA Form 2823 (Sworn
Statement), dated 21 September 1993, submitted in support of the
applicant's request for waiver of his reentry eligibility (RE) code to
enlist in the ARNG.  This document shows, in pertinent part, that the
applicant stated that he enlisted in the Army on 20 October 1987, was
stationed in Hawaii, and that "[He] was homesick and would try anything to
get back home.  [He] started to be late for formations and just trying to
get in trouble.  [He] was finally given a choice to get out."

6.  The applicant's military service records show that the applicant was
granted a waiver of his RE code and that he enlisted in the Indiana ARNG on
28 October 1993 in MOS 35G (Medical Equipment Repairer).  The applicant
reclassified into MOS 31R (Multi-Channel Signal Equipment Operator) and
then transferred to the Colorado ARNG.  The applicant continued to serve in
the Colorado ARNG in MOS 31R and deployed to Kuwait in support of Operation
Enduring Freedom from 13 March 2004 to 30 June 2004.  The applicant was
honorably discharged from the ARNG and as a reserve of the Army, effective
21 January 2005.  The applicant’s military service records document no acts
of valor, significant achievement, or service warranting special
recognition.

7.  There is no evidence showing that the applicant applied to the Army
Discharge Review Board (ADRB) for an upgrade of his RA discharge within the
ADRB's 15-year statute of limitations.

8.  The applicant's request contains documents pertaining to his military
service subsequent to the period under review that provide, in pertinent
part, evidence of his military service, training, and awards.  He also
provides numerous documents pertaining to both his resident and non-
resident training and education, with an emphasis on information technology
courses he has completed subsequent to the period of military service under
review.

9.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel)
sets forth the requirements and procedures for administrative discharge of
enlisted Soldiers.  Chapter 14 of this regulation, in effect at the time,
establishes policy and prescribes procedures for separating members because
of misconduct.  Specific categories include minor disciplinary infractions,
a pattern of misconduct, commission of a serious offense, conviction by
civil authorities, desertion, and absence without leave.  This document
provides that action will be taken to separate a member for misconduct when
it is clearly established that rehabilitation is impracticable or is
unlikely to succeed.  Although an honorable or general discharge is
authorized, a discharge under other than honorable conditions is normally
considered appropriate.

10.  Army Regulation 635-200, paragraph 3-7b (Types of administrative
discharges/character of service), provides that a general discharge is a
separation from the Army under honorable conditions.  When authorized, it
is issued to a Soldier whose military record is satisfactory, but not
sufficiently
meritorious to warrant an honorable discharge.  A characterization of under
honorable conditions may be issued only when the reason for the Soldier's
separation specifically allows such characterization.

11.  Army Regulation 635-200, paragraph 3-7a, 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.  Whenever there is doubt, it is to be resolved in favor of
the individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his general (under honorable
conditions) discharge should be upgraded to honorable because his
immaturity was the cause of his discharge.  The applicant also contends, in
effect, that his subsequent honorable service military service and
training, extensive civilian education in information technology, and work
to support the families of permanently and totally service-connected
disabled veterans in CHAMPVA should also be given consideration in the
Board's determination to upgrade his discharge.

2.  The evidence of record shows that the applicant was nearly 19 years old
when he entered active duty in the RA and that he was nearly 20 years old
at the time of his discharge.  There is no evidence that indicates that the
applicant was any less mature than other Soldiers of the same age who
successfully completed military service.

3.  The evidence of record shows that the applicant was discharged from the
RA for a pattern of misconduct, for which a discharge under other than
honorable conditions is normally considered appropriate.  The evidence of
record also shows that the discharge authority determined the applicant’s
record of service at that time did not warrant a discharge under other than
honorable conditions. However, the discharge authority also determined that
the applicant's overall quality of service did not meet the standards of
acceptable conduct and performance of duty for Army personnel meriting an
honorable discharge.  Consequently, the discharge authority granted the
applicant a general under honorable conditions discharge.  There is no
evidence of record, and the applicant provides insufficient evidence, to
show that the character of his service for the period under review is in
error.  Therefore, the applicant is not entitled to a fully honorable
discharge.
4.  The evidence of record shows the applicant was properly and equitably
discharged in accordance with the regulations in effect at the time.
Lacking evidence to the contrary, it is determined that all requirements of
law and regulations were met and the rights of the applicant were fully
protected throughout the separation process.

5.  There is a presumption of administrative regularity in the conduct of
governmental affairs.  This presumption can be applied to any review unless
there is substantial creditable evidence to rebut the presumption.
Therefore, since there is no evidence of record to show that the
applicant's general under honorable conditions discharge under the
provisions of Army Regulation
635-200, Chapter 14, was not in accordance with the Army regulatory
guidance in effect at the time, there is no basis to change his discharge.

6.  The applicant’s honorable military service subsequent to the period
under review, educational achievements, post-service conduct, and
contributions to his community are noteworthy and to be commended.
However, they are not sufficient to overcome his military record of
misconduct during the period under review, or as a basis for upgrading his
discharge.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 October 1988; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
27 October 1991.  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

_M.J.N.T_  __RR____  __JGH__  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.




                                  __       Marla J.N.Troup___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005653                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19881028                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 14                  |
|DISCHARGE REASON        |Pattern of Misconduct                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |144.6750.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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