RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060009131


      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. Peter Fisher                  |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Jeffrey Redmann               |     |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 his general under honorable conditions discharge
be changed to honorable and that his narrative reason be changed.

2.  The applicant states he was reduced from specialist four in December
1982 and was discharged in January 1983 due to nonjudicial punishments
under Article 15, Uniform Code of Military Justice (UCMJ) he received in
1978.  He does not believe this was fair or right.  He states that he
received the Article 15s during a very bad time in his marriage.  He states
that he worked his way back to specialist four and was an exemplary
Soldier.  In 1982, his First Sergeant was replaced with a First Sergeant
that was at his last station at Fort Hood.  The new First Sergeant pulled
up all his old records.  He states that he was removed from the service
after his new First Sergeant had been assigned to his unit approximately
two or three months.

3.  The applicant provides his Honorable Discharge Certificate, dated 15
May 1978; his General Discharge Certificate, dated 12 January 1983; his DD
Form 214 (Certificate of Release or Discharge from Active Duty) for the
period ending 12 January 1983; his award certificate for the Army
Achievement Medal,
dated 14 October 1981; and his Certificate of Achievement, dated 17
November 1981.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 12 January 1983.  The application submitted in this case is dated 19
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 12 November 1975.  He
completed basic combat training at Fort Knox, Kentucky and was reassigned
to Fort Polk, Louisiana, for advanced individual training (AIT).  At the
completion of AIT, he was awarded military occupational specialty 11B
(Infantryman) and was assigned to Fort Hood, Texas as a rifleman.  He was
promoted to specialist four on 1 March 1978.

4.  The applicant was honorably discharged from active duty on 15 May 1978
for immediate reenlistment.  He reenlisted on 16 May 1978 for a period of
six years.

5.  On 4 December 1978, the applicant accepted nonjudicial punishment under
Article 15, UCMJ for leaving his appointed place of duty.  His punishment
consisted of 14 days extra duty, a forfeiture of $124.00 pay for one month
(suspended for 60 days); and a reduction to pay grade E-3 (suspended for
60 days).  The punishment of forfeiture of $124.00 was later vacated.

6.  On 16 February 1979, the applicant accepted nonjudicial punishment
under Article 15, UCMJ for failing to go to his appointed place of duty on
27 January 1979 and for being absent without leave from on or about 0900
hours 28 January 1979 to on or about 0645 hours 29 January 1979.  His
punishment consisted of 14 days extra duty, a forfeiture of $124.00 pay for
one month (suspended for 60 days); and a reduction to pay grade E-3.

7.  The applicant accepted nonjudicial punishment under Article 15, UCMJ on
27 March 1979 for disobeying a lawful command from his superior
commissioned officer and for failing to go to his appointed place of duty.
His punishment consisted of a reduction to private E-2, 14 days extra duty,
and 14 days restriction.

8.  A bar to reenlistment was imposed against the applicant on 11 April
1979 for his three Article 15s and his outstanding debts.  The commanding
officer indicated that the applicant had demonstrated a total lack of
concern for his job performance, paying his bills, and attending his
required formations.  The applicant had indicated to the commanding officer
that he was apathetic and was not going to try to overcome his problems.

9.  On 17 April 1979, the applicant accepted nonjudicial punishment under
Article 15, UCMJ for disobeying a lawful order from his First Sergeant; for
breaking his restriction to the limits of his unit; and for failing to go
to his appointed place of duty.  His punishment consisted of a reduction to
private E-1, and a forfeiture of $200.00 pay for 2 months (one month
suspended).

10.  On 30 March 1982, the applicant accepted nonjudicial punishment under
Article 15, UCMJ for failing to go to his appointed place of duty.  His
punishment consisted of restriction to place of duty, place of worship, and
dining facility for 14 days; extra duty for 14 days; and a forfeiture of
$199.00 pay for one month.

11.  The applicant’s personnel records contain a DA Form 4187 (Personnel
Action), dated 1 November 1982.  This document indicates he was
subsequently advanced to private E-2 on 1 February 1980; private first
class E-3 on 1 February 1981; and specialist four E-4 on 1 August 1981
erroneously because he was in a non-promotable status due to the bar to
reenlistment.  He was reduced to private E-1 with a date of rank of 17
November 1979.

12.  On 18 November 1982, the applicant's unit commander notified him of
his proposed recommendation to discharge him under the provisions of Army
Regulation 635-200, chapter 13 for unsatisfactory performance.  He was
advised of his rights.

13.  The applicant acknowledged notification, waived consideration of his
case by a board of officers, waived his right to consult with legal
counsel, and did not submit statements in his own behalf.

14.  On 29 December 1982, the separation authority approved the
recommendation for separation, waived rehabilitation requirements, and
directed issuance of a General Discharge Certificate.

15.  The applicant was discharged on 12 January 1983 under the provisions
of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He
completed 4 years, 7 months, and 27 days on his current enlistment and 2
years, 6 months, and 4 days prior active service.

16.  There is no indication which shows the applicant applied to the Army
Discharge Review Board within its 15-year statute of limitations.

17.  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.



18.  Army Regulation 635-200, in pertinent part, 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.  Where there have been infractions of discipline,
the extent thereof should be considered, as well as the seriousness of the
offense(s).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation under the provisions of Army
Regulation 635-200, chapter 13 was accomplished in compliance with
applicable regulations with no indication of procedural errors which would
tend to jeopardize his rights.

2.  The applicant’s service record shows he received nonjudicial punishment
under Article 15 on five separate occasions and a bar to reenlistment.  It
appears the chain of command determined that the applicant's overall
military service did not meet the standards for an honorable discharge as
defined in Army Regulation 635-200 and appropriately characterized his
service as general under honorable conditions.

3.  The applicant has failed to show through the evidence submitted or the
evidence of record that the type of discharge and narrative reason issued
to him was in error or unjust.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 January 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 11 January 1986.  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

PF______  TR______  JR______  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.




                                  Peter Fisher__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009131                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19821229                                |
|DISCHARGE AUTHORITY     |AR635-200, chapter 13                   |
|DISCHARGE REASON        |Unsatisfactory Performance              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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