RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070006841


      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. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |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 that his general discharge be upgraded to an
honorable discharge.

2.  The applicant states that he requested to get out of the Army and that
he was told that the only way he could get out was to accept a prior drug
test that he failed.  He states that as a result of that failed drug test
which occurred 4 months or 5 months earlier, he was offered a general
discharge.

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

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.  On 28 March 1978, he enlisted in the Regular Army in Montgomery,
Alabama, for 3 years, in the pay grade of E-1.  He successfully completed
his training as an equipment records and parts specialist.  He remained on
active duty through a series of reenlistments.

3.  He was promoted to the pay grade of E-2 on 28 September 1978; promoted
to the pay grade of E-3 on 1 February 1979; promoted to the pay grade of E-
4 on 1 January 1980; and promoted to the pay grade of E-5 on 1 April 1981.

4.  Nonjudicial punishment (NJP) was imposed against the applicant on
5 October 1987, for being absent without leave (AWOL) from 14 September
until 15 September 1987.  His punishment consisted in a reduction to the
pay grade



of E-4 (suspended, to be automatically remitted if not vacated before 5
April 1988), a forfeiture of pay in the amount of $200.00 and extra duty
for 45 days.

5.  The applicant was barred from reenlistment on 11 January 1988.  The
commander cited the record of NJP dated 5 October 1987 as the basis for his
bar to reenlistment.

6.  On 5 July 1988, NJP was imposed against the applicant for wrongful use
of cocaine between 9 May and 11 May 1988.  His punishment consisted of a
reduction to the pay grade of E-1, a forfeiture of pay in the amount of
$335.00 per month for 2 months, restriction for 45 days and extra duty for
45 days.

7.  On 23 July 1988, NJP was imposed against the applicant for being AWOL
from 8 June until 10 June 1988; and from 21 June until 28 June 1988.  He
was also punished for failure to go at the time prescribed to his appointed
place of duty.  His punishment consisted of a forfeiture of pay in the
amount of $300.00 per month for 2 months, restriction for 45 days
(suspended, to be automatically remitted if not vacated before 23 September
1988) and extra duty for 45 days (suspended, to be automatically remitted
if not vacated before 23 September 1988).

8.  The applicant again had NJP imposed against him on 8 September 1988,
for failure to go at the time prescribed to his appointed place of duty on
8 August 1988; 19 August 1988 at 0630 hours; 19 August 1988 at 1630 hours;
and 22 August 1988.  His punishment consisted of a forfeiture of pay in the
amount of $156.00, restriction for 14 days (suspended, to be automatically
remitted if not vacated before 8 December 1988) and extra duty for 14 days
(suspended, to be automatically remitted if not vacated before 8 December
1988).

9.  The applicant was notified that he was being recommended for discharge
under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-
12c for misconduct.  The commander cited illegal use of drugs and for being
AWOL for 10 days as the basis for the recommendation.  He acknowledged
receipt of the recommendation on 13 September 1988 and after consulting
with counsel, he requested consideration of his case by an administrative
separation board and a personal appearance before an administrative
separation board.




10.  On the same day and after consulting with counsel, he submitted
another acknowledgement to the recommendation for discharge waiving his
right to have his case considered before a board of officers.

11.  The appropriate authority approved the recommendation for discharge on
19 September 1988 and he directed the issuance of a General Discharge
Certificate.  Accordingly, on 23 September 1988, the applicant was
discharged under the provisions of Army Regulation 635-200, paragraph 14-
12c, due to misconduct – abuse of illegal drugs.  He had completed 10
years, 5 months and 16 days of net active service and he had approximately
9 days of lost time due to AWOL.  He was furnished a General Discharge
Certificate.

12.  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.

13.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 of the regulation deals with
separation for various types of misconduct, which includes drug abuse, and
provides that individuals identified as drug abusers may be separated prior
to their normal expiration of term of service. Individuals in pay grades E-
5 and above must be processed for separation upon discovery of a drug
offense.  Those in pay grades below E-5 may also be processed after a first
drug offense and must be processed for separation after a second offense.
The issuance of 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
substantiated by the evidence of record.  The available records show that
he had NJP imposed against him on 5 July 1988.  Only a little more than 2
months had passed before he was discharged.  Additionally, he had NJP
imposed against



him two additional times for numerous acts of misconduct.  Considering the
nature of his offenses, it does not appear that his general discharge was
too severe as his overall service was not completely honorable.

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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LMD__  __WDP__  __JLP___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





                                  ___William D. Powers__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006841                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070925                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  360  |144.0000/ADMINISTRATIVE DISCHARGE       |
|2.  626                 |144.6000/MISCONDUCT                     |
|3.  660                 |144.6600/DRUG ABUSE                     |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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