RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 June 2007
      DOCKET NUMBER:  AR20060017724


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

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Chester A. Damian             |     |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 narrative reason for
discharge be changed.

2.  The applicant states he has never been charged with anything like
[sexual perversion] before or after that.  He was offered a general under
honorable [conditions discharge] without a sexual misconduct stipulation.
He has carried that burden for almost 30 years.  He is not saying he has
not been in any trouble. He is saying [there has] not [been] even one
allegation [of that kind of trouble] in 30 years or more.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 23 July 1980.  The application submitted in this case is dated
21 November 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.  After having had prior service, the applicant enlisted in the Regular
Army on 19 March 1979.

4.  The applicant’s discharge packet is not available.  A DA Form 268
(Report for Suspension of Favorable Personnel Actions), dated 26 March
1980, shows he was flagged for being processed out of the Army under the
provisions of Army Regulation 635-200, chapter 14, for indecent acts with a
child under the age of 16.

5.  On 23 July 1980, the applicant was discharged under conditions other
   than honorable under the provisions of Army Regulation 635-200,
paragraph    14-33a(1).  He was given a separation code of “JKL” and a
narrative reason of separation of “Misconduct – Sexual Perversion.”

6.  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.  Paragraph 14-
33a(1) at the time stated members were subject to separation for acts of
misconduct – sexual perversion, including but not limited to lewd and
lascivious acts, sodomy, indecent exposure, and indecent acts with or
assault upon a child.

7.  Army Regulation 635-5-1 (Separation Program Designators), the version
in effect at the time, specified that when the separation code was “JKL”
then the narrative reason for separation would be “Misconduct – sexual
perversion.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  However, in the absence
of evidence to the contrary it is presumed that the discharge proceedings
were conducted in accordance with law and regulations applicable at the
time.  It is also presumed that he was properly processed for separation
under the provisions of Army Regulation 635-200, paragraph 14-33a(1),
properly given a separation code of “JKL,” and properly given a narrative
reason for separation of “Misconduct – sexual perversion.”

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 July 1980; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on          22 July 1983.  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

__lds___  __jrs___  __cad___  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.




                                  __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017724                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070605                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19800723                                |
|DISCHARGE AUTHORITY     |AR 635-200, ch 14                       |
|DISCHARGE REASON        |A60.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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