RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 March 2008
      DOCKET NUMBER:  AR20070015030


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

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 DD Form 214 (Report of
Separation from Active Duty) for the period ending 25 June 1979 be
corrected to show his correct length of service and to correct numerous,
unidentified errors.  He also requests that his discharge under other than
honorable conditions be upgraded to honorable.

2.  The applicant states that he does not know why he was kicked out.  He
won a bronze medal running track for the Army.  He was in the National
Guard for more time than indicated on his DD Form 214.  He was reactivated
for almost 3 years. He was just horsing around, wrestling, with a friend
and it became serious for reasons unknown to the applicant.  He had no
court-martial or anything.  He was just kicked out in 24 hours.
Furthermore, he was a good Soldier.  He loved the Army and was happy.  He
felt he was doing his best considering he was reactivated out of nowhere.
They said he missed his National Guard meetings, but they were changed
without notifying him.

3.  The applicant provides a DD Form 293 (Application for the Review of
Discharge or Dismissal from the Armed Forces of the United States); a copy
of an envelope, postmarked 22 August 2007; and two letters, one dated 13
August 2007 (which provided him a copy of a DD Form 214) and one dated 16
October 2007 (which referred him to this Board), from the National
Personnel Records Center.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Army National Guard on 22 July 1977.  He
was ordered to active duty for training (ADT) on 2 October 1977 and was
released from ADT on 25 December 1977 after completing 2 months and 24 days
of creditable active service and 2 months and 10 days of prior inactive
service.
3.  The applicant was mailed letters dated 1 September 1977 (signed for by
the applicant), 19 January 1978 (returned as unclaimed), and 14 February
1978 (signed for by Ms. Lillian P___) informing him that he had unexcused
absences.

4.  Effective 20 June 1978, the applicant was honorably discharged from the
Army National Guard and ordered to involuntary active duty for 21 months
and   6 days for failure to satisfactorily participate in required unit
training.  He entered active duty on 21 June 1978.

5.  On or about 5 October 1978, the applicant accepted nonjudicial
punishment under Article 15, Uniform Code of Military Justice for
disobeying a lawful command from his superior commissioned officer; for
being disrespectful in language toward his superior noncommissioned
officer; for being disrespectful in comportment toward his superior
noncommissioned officer; for assault by physically grabbing Private First
Class S___ and shaking him; and for wrongfully communicating to Private
First Class S___ a threat to obtain money “one way or another” while
physically shaking him.

6.  On 8 January 1979, the applicant accepted nonjudicial punishment under
Article 15, Uniform Code of Military Justice for wrongfully appearing at
Building 2933 without his black leather gloves.

7.  The court-martial charges and the discharge proceedings packet are not
available.

8.  On 13 June 1979, the applicant completed a chapter 10 separation
physical examination and was found qualified for separation.

9.  On 25 June 1979, the applicant was discharged, in pay grade E-1, under
the provisions of Army Regulation 635-200, chapter 10, for the good of the
service with a discharge under other than honorable conditions.

10.  Item 18 (Record of Service) of the applicant’s DD Form 214 for the
period ending 25 June 1979 shows he completed 1 year and 4 days of net
active service for that period in item 18(a); 2 months and 24 days of prior
active service in item 18(b); 1 year, 2 months, and 28 days of total active
service in item 18(c);  8 months and 5 days of prior inactive service in
item 18(d); and 1 year,              11 months, and 1 day of total service
for pay in item 18(e).  He had no lost time.

11.  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 under other than
honorable conditions is normally considered appropriate.

12.  Army Regulation 635-200, 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.

13.  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 enlisted in Army National Guard on 22 July 1977, entered
ADT on 2 October 1977, and was released from ADT on 25 December 1977:

      77 10 01 day prior to entering ADT
          -77 07 22 day enlisted in the USAR
           =     2   9
           +          1 day inclusive
           = 2 months and 10 days of inactive service prior to entering ADT

      77 12 25 day released from ADT
          -77 10 02 day entered ADT
          =      2 23
           +           1 day inclusive
           = 2 months and 24 days of active service during ADT

2.  The applicant was ordered to active duty on 21 June 1978.  He was
discharged on 25 June 1979:

            78 06 20 day prior to being ordered to active duty
           -77 12 27 day after he was released from ADT
           =      5 23
           +            1 day inclusive
           =       5 24 days of additional inactive service in the USAR
           +       2 10 days of prior inactive service in the USAR
           =       7  34
            or 8 months and 4 days of total inactive service in the USAR

             79 06 25 date discharged
            -78 06 21 date ordered to active duty
            = 1 00  4
            +           1 day inclusive
            =1 year and 5 days of active service while ordered to active
duty

             1 year                    and   5 days      of active service
            +             2 months and 24 days      of prior active service
            =1 year   2 months and 29 days      of total active service

            +             8 months and   4 days      of total inactive
service
            =1 year  10 months and 33 days
             or 1 year 11 months and 3 days    of total service for pay

3.  Items 18(a), 18(c), 18(d), and 18(e) on the applicant’s DD Form 214 for
the period ending 25 June 1979 appear to have been calculated incorrectly.
Item 18(a) should read “01 00 05”; item 18(c) should read “01 02 29”; item
18(d) should read “00 08 04”; and item 18(e) should read “01 11 03.”

4.  There appear to be no other errors on the applicant’s DD Form 214 for
the period ending 25 June 1979.

5.  The applicant was involuntarily ordered to active duty on 21 June 1978.
 He received one Article 15 in October 1978 and a second in January 1979.
His discharge packet is not available; 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 and
that his characterization of service as under other than honorable
conditions was commensurate with the offense(s) for which he was charged
and his overall record of service.  Therefore, there is insufficient
evidence that would warrant upgrading his discharge.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jea___  __wdp___  __jlp___  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 the DD Form 214 for the period ending 25 June 1979 of the
individual concerned be corrected by amending item 18(a) to read “01 00
05”; item 18(c) to read “01 02 29”; item 18(d) to read “00 08 04”; and item
18(e) to read “01 11 03.”

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
upgrading his discharge or making any other changes to his DD Form 214 for
the period ending 25 June 1979.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070015030                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19790625                                |
|DISCHARGE AUTHORITY     |AR 635-200, ch 10                       |
|DISCHARGE REASON        |A70.00                                  |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |100.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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