RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2007
      DOCKET NUMBER:  AR20070006826


      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. Susan A. Powers               |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |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 of 1983 be upgraded to an honorable discharge.

2.  The applicant states, in effect, that he believes his discharge should
be upgraded because his ability to serve was impaired by his youth and
immaturity; because he tried to apply for a compassionate reassignment, but
his request was unfairly denied or he was told to forget it; and because
his platoon sergeant denied his application for a reassignment to another
platoon.  He further states that he was close to finishing his tour and it
was unfair to give him a bad discharge when he only had 7months left on his
enlistment.  He concludes by stating that he has been a good citizen since
his discharge.

3.  The applicant provides a self-authored letter and a third-party
character reference in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he initially enlisted in the Regular
Army and entered active duty on 2 December 1980, at the age of 17 years and
9 months of age.  He successfully completed One Station Unit Training
(OSUT) at Fort Benning, Georgia, and was awarded military occupational
specialty (MOS) 11B (Infantryman) in March 1981.

2.  The applicant's Personnel Qualification Record (DA Form 2-1) shows he
was promoted to private first class (PFC) on 2 February 1981, and this is
the highest rank he attained during the enlistment under review.  His
record documents no acts of valor significant achievement of service
warranting special recognition.

3.  The applicant's record is void of a separation packet containing the
specific facts and circumstances surrounding his separation processing.
The record does contain a properly constituted separation document (DD Form
214) that shows on 11 May 1983, he was separated under the provisions of
chapter 13, Army Regulation 635-200, by reason of unsatisfactory
performance, and transferred to the United States Army Reserve (USAR).  It
also confirms that his service was characterized as general, under
honorable conditions, and that he completed a total of 2 years, 7 months,
and 10 days of active military service.


4.  There is no indication that the applicant applied to the Army Discharge
Review Board for an upgrade of his 11 May 1983 characterization of service
within that board's 15-year statute of limitations.

5.  The applicant continued to serve in the USAR and Army National Guard
through 9 May 2006, at which time he was honorably released from active
duty by reason of disability and transferred to the Retired Reserve.  The
DD Form 214 he was issued shows he completed 2 years, 2 months, and 7 days
of active military service during the period of active duty covered by the
separation document and that he had completed a total of 3 years, 2 months,
and 23 days of prior active military service and 19 years, 2 months, and 15
days of prior inactive military service.

6.  The separation document issued to the applicant on 9 May 2006 confirms
he served in Kuwait in support of Operation Enduring Freedom and that he
earned the following awards during his military service tenure:  Army
Achievement Medal; Army Reserve Components Achievement Medal (4th Award);
National Defense Service Medal (2nd Award); Global War on Terrorism
Expeditionary Medal; Global War on Terrorism Service Medal; Armed Forces
Reserve Medal; Noncommissioned Officer Professional Development Ribbon;
Army Service Ribbon; and Armed Forces Reserve Medal with "M" (Mobilization)
Device.

7.  The applicant provides a third-party character reference that attests
to the applicant being an upstanding citizen, responsible, loyal, and
patriotic.

8.  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 contentions that his youth and immaturity impaired his
ability to serve, that he was unjustly denied a compassionate reassignment,
and that it was unfair to give him a bad discharge so close to him
completing his enlistment
were carefully considered.  Although there is insufficient evidence to
support the applicant's claims, there are equity factors in this case that
deserve consideration.

2.  The evidence of record is void of a separation packet containing the
specific facts and circumstances surrounding the applicant's 1983
separation processing. However, the record does contain a properly
constituted separation document that contains the authority and reason for
the applicant's separation, and there is a presumption of regularity
attached to this document.  Therefore, absent evidence to the contrary, it
is presumed that all requirements of law and regulation were met and that
the rights of the applicant were fully protected throughout the separation
process.

3.  Although it appears the applicant's 1983 separation was proper and
equitable at the time, it is clear his subsequent record of service, which
includes combat service in support of Operation Enduring Freedom, coupled
with his good post- service conduct, as evidenced by the third-party
statement provided, are more than sufficiently meritorious to support an
upgrade of his characterization of service in the interest of equity.
Therefore, it would be appropriate to correct his record by showing his
active duty service between 2 December 1980 and 11 May 1983 was
characterized as "Honorable".  This relief does not entail a change to the
authority and reason for his separation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_QAS____  __SAP_ _  __EEM_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by amending Item 24 (Character of Service) of his 11
May 1983 DD Form 214 by deleting the current entry and replacing it with
the entry "Honorable"; and by providing him a correction to his separation
document that reflects this change.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
a change to the authority and reason for his 1983 separation.




                                     __Susan A. Powers____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070006826                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/10/04                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1983/05/11                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Unsat Perf                              |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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