RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 June 2007
      DOCKET NUMBER:  AR20070000134


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, that since his discharge, he has
accomplished much, but this blemish on his record is holding him back.

3.  The applicant provides an unofficial transcript and a State of Colorado
Training Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 24 July 1984.  The application submitted in this case is
dated
15 December 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 that enlisted in the Regular Army and
entered active duty on 15 October 1981.  He was trained in and awarded
military occupational specialty (MOS) 11B (Infantryman).

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows, in
Item 9 (Awards, Decorations & Campaigns), that during his active duty
tenure, he earned the Army Service Ribbon, Multi-National Forces Observer
Medal, Air Assault Badge, Jungle Expert Badge, and Sharpshooter
Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.

5.  Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1
shows he was promoted to specialist four (SP4) on 1 August 1983, and that
this is the highest rank he attained while serving on active duty.  It also
shows that he was reduced to private first class (PFC) on 13 April 1984 and
to private/E-1 (PV1) on 29 May 1984.  Item 21 (Time Lost) shows he accrued
28 days of time lost due to one 2 day period of being absent without leave
(AWOL) and two periods of confinement.

6.  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 (UCMJ) on three separate occasions and his
conviction by a summary court-martial (SCM).  It also includes his receipt
of a Letter of Reprimand, a Notice of Indebtedness, and an extensive record
of formal counseling by members of his chain of command.

7.  On 29 July 1982, the applicant's commander received a Notice of
Indebtedness pertaining to the applicant based on his having written two
bad checks at the Package Beverage Branch of the Installation Club System.


8.  On 29 April 1983, the applicant accepted NJP for failure to appear at
his appointed place of duty at the prescribed time.  His punishment for
this offense was 5 days of extra duty.

9.  On 23 March 1984, the applicant accepted NJP for failing to report for
duty.  His punishment for this offense was 7 days of restriction and extra
duty.

10.  On 13 April 1984, the applicant accepted NJP for breaking restriction.
 His punishment for this offense was a reduction to PFC, a forfeiture of
$171.00, and 14 days of restriction and extra duty.

11.  On 25 May 1984, a SCM found the applicant guilty of violating Article
91
(3 specifications) by disobeying a noncommissioned officer (NCO) on two
separate occasions and for being disrespectful to a NCO; and Article 92, by
violating a lawful general regulation.  The resultant sentence was a
reduction to PV1, forfeiture of $397.00 and confinement at hard labor for
30 days.

12.  On 27 June 1984, the applicant received a General Officer Letter of
Reprimand (GOLOR), which reprimanded him for his civil conviction of 8 May
1984,  for driving under the influence of alcohol.

13.  The applicant's record shows that he was formally counseled by members
of his chain of command on several separate occasions between May 1982 and
February 1984, which included counseling on a myriad of performance and
conduct related issues that included lack of professionalism on an
exercise, disobeying orders, quitting the battalion run, disrespect to
NCOs, and appearance.

14.  On 12 July 1984, the unit commander notified the applicant that he was
initiating action to separate the applicant under the provisions of chapter
13, Army Regulation 635-200, for unsatisfactory performance.

15.  The unit commander cited the applicant's being disrespectful,
disobedient, and unwilling to meet basic soldierly habits as the reason for
initiating the separation action.  The applicant acknowledged receipt of
the notification and consulted with legal counsel and was advised of the
basis for the contemplated separation action and its effects,of the rights
available to him and of the effect of a waiver of those rights.

16.  On 14 July 1984, the separation authority approved the separation
action and directed the applicant receive a GD, and on 24 July 1984, the
applicant was discharged accordingly.  The DD Form 214 issued to the
applicant shows he completed a total of 2 years, 8 months, and 12 days of
creditable active military service and that he accrued 28 days of time lost
due to AWOL and confinement.

17.  The applicant provides an unofficial transcript from Pikes Peak
Community College for the Fall 2002 Term, which shows he completed 64 hours
of undergraduate course work in the Associate of Applied Science (Criminal
Justice) program.  He also provides a State of Colorado Certificate, dated
15 December 1999, issued by the Board on Peace Officer Standards and
Training that indicates he fulfilled the prescribed requirements for
certification.

18.  There is no indication that the applicant petitioned the Army
Discharge Review Board for an upgrade of his discharge within that board's
15-year statute of limitations.

19.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 13 contains the policy and
outlines the procedures for separating individuals for unsatisfactory
performance, and provides, in pertinent part, that commanders will separate
a member under this chapter when, in the commander's judgment, the member
will not develop sufficiently to participate satisfactorily in further
training and/or become a satisfactory Soldier.  The service of Soldiers
separated because of unsatisfactory performance will be characterized as
honorable or under honorable conditions as warranted by their military
records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his discharge should be upgraded based
on his post service accomplishments and because it is holding him back was
carefully considered.  However, while his accomplishments are noteworthy,
they alone are not sufficiently mitigating to support an upgrade of his
discharge.

2.  The applicant's record reveals an extensive disciplinary history that
includes his acceptance of NJP on three separate occasions and his
conviction by a SCM, which clearly diminished the quality of his service
below that warranting a fully honorable discharge.

3.  The evidence of record confirms the applicant's 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.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 July 1984, the date of his
discharge.  Therefore, the time for him to file a request for correction of
any error or injustice expired on 23 July 1987.  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

___BJE__  __FCJ __  __QAS __  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.




                                  _____Barbara J. Ellis______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000134                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/19                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1984/07/24                              |
|DISCHARGE AUTHORITY     |AR 635-200 C13                          |
|DISCHARGE REASON        |Unsat Perf                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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