RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 JANUARY 2007
      DOCKET NUMBER:  AR20060005953


      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. Gale J. Thomas                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Larry Racster                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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 records be corrected by upgrading his
discharge to honorable.

2.  The applicant states that he made a mistake when he was younger, but
has worked the last 20 years being an honest individual.  He has changed
his life since leaving the military.  He loves his country and wants his
discharge upgraded so that his family will be proud of him.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 November 1985.  The application submitted in this case is
dated 1 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 in the Regular Army on 30 June 1985, for a
period of   3 years.  He was 20 years of age at the time of his enlistment.
 He completed basic and advanced individual training at Fort Knox,
Kentucky.

4.  On 10 September 1985, the applicant accepted nonjudicial punishment
(NJP) under the provisions of Article 15, Uniform Code of Military Justice
(UCMJ), for being absent without leave (AWOL) from 20 August 1985 to 28
August 1985.  His punishment was forfeiture of $310.00 per month for 2
months, 30 days extra duty, and 45 days restriction.

5.  On 1 October 1985, the applicant accepted NJP under the provisions of
Article 15, UCMJ for breaking restriction.  His punishment was reduction to
pay grade E-1, 30 days of extra duty and 45 days restriction.



6.  On 1 October 1985, the applicant’s commander notified him that he was
initiating action to separate him under the provisions of Army Regulation
635-200, Chapter 14, for misconduct, with the recommendation of a general
discharge.  He was advised of his rights and waiver options.

7.  On 6 October 1985, after consulting with legal counsel, the applicant
acknowledged the impending separation action, and waived consideration of
his case by a board of officers and declined to submit a statement in his
own behalf.

8.  On 9 October 1985, a Mental Status Evaluation and a medical examination
cleared the applicant for separation.

9.  The applicant's unit commander recommended his separation under the
provisions of Army Regulation 635-200, Chapter 14, for a pattern of
misconduct.

10.  On 17 October 1985, the applicant's intermediate commander recommended
approval of his discharge under Army Regulation 635-200, Chapter 14.

11.  On 4 November 1985, the appropriate separation authority approved the
applicant’s discharge and directed the issuance of a general discharge
certificate.

12.  The applicant was discharged on 14 November 1985, under the provisions
of Army Regulation 635-200, Chapter 14, for misconduct, frequent incidents
of a discreditable nature with civilian and military authorities.  His DD
Form 214 (Certificate of Release or Discharge from Active Duty) indicates
he had
8 months and 5 days of active service, and 40 days of lost time.

13.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
prescribes procedures for separating members for misconduct.  Specific
categories include minor disciplinary infractions, a pattern of misconduct,
commission of a serious offense, convictions by civil authorities,
desertion or absence without leave.  Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impracticable or is unlikely to succeed.






14.  Army Regulation 635-200 also states that an honorable discharge is a
separation with honor.  The honorable characterization is appropriate when
the quality of the Soldier’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 separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.

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

3.  The applicant's contention that he was young and made a mistake, and
his good post-service conduct is insufficient to warrant the relief
requested.  The applicant was 21 years of age when he committed his first
offense.  He met entrance qualification standards to include age.  Further,
the Board found no evidence that he was any less mature than other Soldiers
of the same age who successfully completed their military service
obligation.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 November 1985; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
13 November 1988.  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

___KW__  ___LR___  __EF ___  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.




                                  ____  Kenneth Wright_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005953                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070123                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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