RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060008292


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard Ingold                |     |Chairperson          |
|     |Mr. Ronald Gant                   |     |Member               |
|     |Mr. Edward Montgomery             |     |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 discharge under other than honorable
conditions (UOTHC) be upgraded to honorable or general under honorable
conditions.

2.  The applicant states, in effect, that he was told to request an upgrade
six months after his separation in 1988.

3.  The applicant provides a letter of support.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 1 March 1988.  The application submitted in this case is dated
2 June 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 2 April 1986 for a period
of three years.  He completed basic training at Fort Leonard Wood, Missouri
and was reassigned to Fort Lee, Virginia for advanced individual training
(AIT).  At the completion of AIT, he was awarded military occupational
specialty 76C (Equipment Records and Parts Specialist).  He was advanced to
private first class on 1 April 1987 with a waiver.

4.  On 4 October 1987, the applicant accepted nonjudicial punishment under
Article 15, Uniform Code of Military Justice (UCMJ) for being absent from
his unit and for failing to obey a lawful order.  His punishment consisted
of a reduction to private E-2 (suspended until 1 February); a forfeiture of
$75.00 pay per month for 2 months; 45 days extra duty; and 45 days
restriction to barracks, work area, and chapel.  The suspension of the
punishment of reduction to private E-2 was vacated in November 1987.

5.  On 14 January 1988, charges were preferred against the applicant for
wrongfully possessing some amount of marijuana; wrongfully possessing some
amount of methamphetamines; wrongfully using marijuana; and for wrongfully
introducing some amount of marijuana, with intent to distribute, onto the
military installation, Fort Hood, Texas.

6.  On 28 January 1988, the applicant consulted with legal counsel and
voluntarily requested discharge for the good of the service under the
provisions of Army Regulation 635-200, chapter 10.  In doing so, he
admitted guilt to the offenses charged and acknowledged that he might
encounter substantial prejudice in civilian life and that he might be
ineligible for many or all Army benefits administered by the Veterans
Affairs (VA) if a discharge UOTHC was issued.  The applicant did not submit
statements in his own behalf.

7.  On 17 February 1988, the separation authority approved the discharge
under the provisions of Army Regulation 635-200, chapter 10 with issuance
of a discharge UOTHC.

8.  The applicant was discharged 1 March 1988 under the provisions of
Army Regulation 635-200, chapter 10 for the good of the service with a
discharge UOTHC.  He had completed 1 year and 11 months of active military
service.

9.  There is no evidence of record which indicates the applicant applied to
the Army Discharge Review Board within its 15-year statute of limitations.

10.  The applicant provided a letter of support.  The individual stated
that the applicant needs an upgrade of his discharge in order for him to
reenlist in the Alabama Army National Guard.  The individual stated the
applicant was told to request an upgrade six months after his separation in
1988.

11.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides,
in pertinent part, that a member who has committed an offense or offenses
for which the authorized punishment includes a punitive discharge may
submit a request for discharge for the good of the service in lieu of trial
by court-martial.  The request may be submitted at any time after charges
have been preferred and must include the individual's admission of guilt.
Although an honorable or general discharge is authorized, a discharge UOTHC
is normally considered appropriate.

12.  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, or is
otherwise so meritorious that any other characterization would be clearly
inappropriate.

13.  Army Regulation 635-200, paragraph 3-7, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's voluntary request for separation under the provisions
of Army Regulation 635-200, chapter 10, for the good of the service, to
avoid trial by court-martial, was administratively correct and in
conformance with applicable regulations.  There is no indication that the
request was made under coercion or duress.

2.  The applicant’s service record shows he received nonjudicial punishment
under Article 15, UCMJ on one occasion for being absent from his unit and
for failing to obey a lawful order.

3.  The applicant was charged with wrongfully possessing some amount of
marijuana; wrongfully possessing some amount of methamphetamines;
wrongfully using marijuana; and wrongfully introducing some amount of
marijuana, with intent to distribute, onto the military installation, Fort
Hood, Texas.  As a result, his record of service was not satisfactory and
did not meet the standards of acceptable conduct and performance of duty
for Army personnel for either fully honorable or general.

4.  There is no evidence of record which indicates the actions taken in his
case were in error or unjust.  Therefore, there is no basis for granting
the applicant's request.

5.  The letter of support provided by the applicant was not sufficiently
mitigating to warrant relief in this case.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 March 1988; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 April 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

BI______  RG______  EM______  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.




                                  Bernard Ingold________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008292                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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