RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 February 2007
      DOCKET NUMBER:  AR20060010407


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Marla J. Troup                |     |Chairperson          |
|     |Mr. John G. Heck                  |     |Member               |
|     |Mr. Donald L. Lewy                |     |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.

2.  The applicant states he was discharged with an honorable discharge his
first enlistment.  He wants to join the National Guard.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 26 May 1988.  The application submitted in this case is dated
14 July 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 March 1982 and was
honorably released from active duty at his expiration of term of service on
        21 February 1985.  He enlisted in the Army National Guard on 19
March 1985. He was discharged from the Army National Guard on 9 June 1986,
with a general under honorable conditions discharge after having accrued
nine or more unexcused absences within a 12-month period, and was
transferred to the U. S. Army Reserve Control Group (Annual Training) to
complete his Reserve obligation.

4.  On 6 October 1987, the applicant enlisted in the Regular Army.

5.  On 5 April 1988, court-martial charges were preferred against the
applicant charging him with being absent without leave (AWOL) from on or
about             20 February 1988 until on or about 24 March 1988.

6.  On 5 April 1988, after consulting with legal counsel, the applicant
voluntarily requested a discharge under the provisions of Army Regulation
635-200, chapter 10 for the good of the service in lieu of trial by court-
martial.  He acknowledged
that he understood the elements of the offense charged and was guilty of
the charge against him or of a lesser included offense.  He stated that
under no circumstances did he desire further rehabilitation for he had no
desire to perform further military service.  He was advised of the effects
of a discharge UOTHC and that he might be deprived of many or all Army and
Veterans Administration benefits.  He elected not to submit a statement in
his own behalf.

7.  On 26 April 1988, the appropriate authority approved the request and
directed the applicant receive a discharge UOTHC.

8.  On 26 May 1988, the applicant was discharged with a discharge UOTHC, in
pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10,
  for the good of the service in lieu of trial by court-martial.  He had
completed        6 months and 18 days of creditable active service during
his last enlistment with 32 days of lost time.  He had completed a total of
2 years, 11 months, and 2 days of creditable active service.

9.  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.
A discharge UOTHC is normally considered appropriate.

10.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations), 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.

11.  Army Regulation 635-200, paragraph 3-7b, 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 and he does not contend that it was.

2.  The applicant’s prior honorable active duty service was recognized when
he separated on 21 February 1985.  His active duty service beginning on 6
October 1987 included a month of AWOL time during an enlistment period of
less than seven months.  Such service was not sufficiently meritorious to
warrant upgrading his discharge to either fully honorable or honorable
under general conditions.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 May 1988; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         25 May 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

__mjt____  __jgh___  __dll___  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. Troup______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010407                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070221                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19880526                                |
|DISCHARGE AUTHORITY     |AR 635-200, ch 10                       |
|DISCHARGE REASON        |A70.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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