RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 August 2007
      DOCKET NUMBER:  AR20070004428


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Michael J. Flynn              |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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 that his discharge under other than honorable
conditions be upgraded to an honorable or a general discharge.

2.  The applicant states that he made a mistake and that he was doing so
well until he returned from overseas.  He states that he got with the wrong
people.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 November 1983.  The application submitted in this case
is dated 12 March 2007.

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.  On 11 March 1980, the applicant enlisted in the Army in Kansas City,
Missouri, for 3 years, in the pay grade of E-1.  He was awarded an
administrative specialist military occupational specialty.  He was
transferred to Germany on 21 July 1981.

4.  The applicant was honorably discharged on 29 September 1982, for the
purpose of immediate reenlistment.  Accordingly, on 30 September 1982, he
reenlisted in the Army for an additional 3 years.

5.  The applicant was transferred to the Continental United States on
23 February 1983, and he was assigned to Headquarters, United States
Disciplinary Barracks, Fort Leavenworth, Kansas.




6.  On 23 June 1983, nonjudicial punishment (NJP) was imposed against the
applicant for knowingly and wrongfully using and possessing marijuana which
resulted in his testing positive for tetrahydrocannabinol (THC) on his
urinalysis.  His punishment consisted of a forfeiture of pay, restriction
and extra duty.

7.  Charges were preferred against the applicant on 27 October 1983, for
uttering a money order that had been falsely altered from $1.00 to $100.00,
which would, if genuine, apparently operate to the legal harm of another.

8.  The applicant was notified of the charges pending against him on 28
October 1983.  After consulting with counsel, he submitted a request for
discharge under the provisions of Army Regulation 635-200, chapter 10, for
the good of the service in lieu of trial by court-martial.

9.  The appropriate authority approved the request for discharge on 8
November 1983.  Accordingly, on 10 November 1983, the applicant was
discharged, under other than honorable conditions, under the provisions of
Army Regulation
635-200, chapter 10, for the good of the service in lieu of trial by court-
martial.  He had completed 4 years 0 months and 7 days of net active
service.

10.  A review of the available records fails to show that the applicant
ever applied to the Army Discharge Review Board for an upgrade of his
discharge within that board's 15-year statute of limitations.

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.
Although an honorable or general discharge is authorized, a discharge under
other than honorable conditions is normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.



2.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

3.  The applicant's contentions have been noted.  However, they are not
sufficiently mitigating to warrant relief in this case.  The evidence of
record shows that the he had NJP imposed against him for testing positive
for THC and he committed fraud by altering a money order.  Considering his
acts of indiscipline, it does not appear that his discharge under other
than honorable conditions was too harsh.

4.  In order to justify correction of a military record the applicant must
show 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.  In view of the foregoing, there is no basis for granting the
applicant's request.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 November 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 9 November 1986.  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

__MJF__  ___LWR_  __DWS__  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.




                                  ___Michael J. Flynn___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004428                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070814                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  360  |144.0000/ADMINISTRATIVE DISCHARGE       |
|2.  689                 |144.7000/FTGOS                          |
|3.  706                 |144.7017/SERIOUSNESS OF OFFENSE         |
|4.  715                 |144.7200/LARCENY                        |
|5.  717                 |114.7400/DRUGS                          |
|6.                      |                                        |


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