RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 March 2007
      DOCKET NUMBER:  AR20060012608


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, that his general, under honorable
conditions discharge (GD) be upgraded to an honorable discharge (HD).

2.  The applicant states, in effect, his discharge was not appropriate and
was the result of him and his first sergeant (1SG) not seeing eye-to-eye.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 25 March 1988, the date of his discharge.  The application
submitted in this case is dated 23 August 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 record shows he enlisted in the Regular Army and
entered active duty on 29 January 1985.  He was trained in, awarded and
served in military occupational specialty (MOS) 93P (Flight Operations
Coordinator), and the highest rank he attained while serving on active duty
was specialist four (SP4).

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows that
during his active duty tenure, he earned the Army Service Ribbon, Marksman
Marksmanship Qualification Badge with Rifle Bar and Expert Marksmanship
Qualification with Hand Grenade Bar.  His record documents no acts of
valor, significant achievement, or service warranting special recognition.


5.  The applicant's disciplinary history includes his acceptance of non-
judicial punishment (NJP) under the provisions of Article 15 of the Uniform
Code of Military Justice on three separate occasions, a Bar to
Reenlistment, and a Letter of Reprimand.
6.  On 4 March 1986, the applicant accepted NJP for wrongfully using
marijuana, which was detected on a biochemical urine sample submitted by
the applicant on 27 January 1986.  His punishment for this offense was a
reduction to private/E-1 (PV1), a forfeiture of $319.00 pay per month for
two months, and 45 days of extra duty.

7.  On 28 May 1986, a Bar to Reenlistment was approved on the applicant.
The reasons cited for the action was the applicant's NJP of 4 March 1986,
and two incidents of dishonored check notifications.

8.  On 2 February 1988, the applicant accepted NJP for failing to go to his
appointed place of duty at the prescribed time on 19 January 1988 and for
being absent without leave (AWOL) from 21 through 23 January 1988.  His
punishment for these offenses was a reduction to private first class (PFC),
a forfeiture of $210.00, and 14 days of extra duty.

9.  On 22 February 1988, the applicant received a General Officer Letter of
Reprimand for being apprehended by civilian authorities on 31 January 1988,
for the offense of driving a motor vehicle under the influence of alcohol.


10.  On 26 February 1988, the applicant accepted NJP for wrongfully using
cocaine and marijuana, which was detected by biochemical testing of a urine
sample he submitted to military authorities on 5 January 1988.  His
punishment for this offense was a reduction to PV1, a forfeiture of $300.00
per month for two months, and 45 days of restriction and extra duty.

11.  On 9 March 1988, the unit commander notified the applicant that action
was being initiated to separate him under the provisions of Paragraph 14-
12c, Army Regulation 635-200, for misconduct based on his abuse of illegal
drugs.  The unit commander cited the applicant's disciplinary history as
the basis for taking the action.

12.  On 15 March 1988, the applicant consulted with legal counsel and was
advised of the basis for the contemplated separation action, its effects,
and of the rights available to him.  Subsequent to this counseling, the
applicant elected not to submit a statement in his own behalf.

13.  On 23 March 1988, the separation authority approved the applicant's
separation under the provisions of chapter 14, Army Regulation 635-200, by
reason of Misconduct (Abuse of Illegal Drugs), and directed the applicant
receive a GD.  On 25 March 1988, the applicant was discharged accordingly.


14.  The separation document (DD Form 214) issued to the applicant upon his
discharge on 25 March 1988, shows he held the rank of PV1 and that he had
completed a total of 3 years, 1 month, and 25 days of creditable active
military service and had accrued 6 days of time lost due to AWOL and
confinement.

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

16.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 of the regulation deals with
separation for various types of misconduct, which includes drug abuse, and
provides that individuals identified as drug abusers may be separated prior
to their normal expiration of term of service.  An under other than
honorable conditions discharge is normally considered appropriate for
members being separated for misconduct.  The separation authority may grant
a GD or HD if it is warranted by the member's record of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his discharge was not appropriate and
was the result of a personality conflict with his 1SG was carefully
considered.  However, there is insufficient evidence to support this claim

2.  The evidence of record confirms the applicant had an extensive record
of misconduct, which clearly diminished the overall quality of his service
below that meriting a fully honorable discharge.  His separation processing
was accomplished in accordance with the applicable regulation.  All
requirements of law and regulation were met and his rights were fully
protected throughout the separation process.  Further, his GD accurately
reflects his overall record of undistinguished service.

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

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 March 1988, the date of his
discharge.  Therefore, the time for him to file a request for correction of
any error or injustice expired on 24 March 1991.  He failed to 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

___LE  __  __LMB __  __MJF __  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.




                                  _____Lester Echols________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012608                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/29                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1988/03/25                              |
|DISCHARGE AUTHORITY     |AR 635-200 C14                          |
|DISCHARGE REASON        |Misconduct (Drugs)                      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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