RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 October 2007
      DOCKET NUMBER:  AR20070008881


      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. Hubert O. Fry, Jr.            |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 discharge under other than
honorable conditions be upgraded to an honorable or a general discharge.

2.  The applicant states that he applied for a discharge under the
provisions of Army Regulation 635-200, chapter 10, so that he could pursue
a new career in the aerospace industry.  He states that his commanding
officer (CO) considered his request to be an admission of guilt; therefore,
he was busted down to the pay grade of E-1, with forfeiture of all pay and
allowances.  He states that the whole issue seemed like a travesty and that
he was told by his counsel that if he requested a discharge under chapter
10, the most that he would receive was a slap on the wrist because of his
outstanding record.  He states that he was shocked when he was given his
final discharge and that he even mentioned to his CO that if he had known
that he was going to receive the type of discharge that he received, he
would have continued the court-martial proceedings.  He states that he was
told that he had no recourse but to "sign and get out."  He states that he
had only 72 hours to clear his quarters and to leave.

3.  The applicant states that as he gets older, he continues to be haunted
by this episode of his youth.  He states that the more medical issues that
he has, the more he considers how much time that he has left.  He concludes
by stating that all he would really like is to have his discharge changed
to reflect all of the contributions that he made during his tenure.

4.  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.  After completing 3 years and 8 months of net active service (honorable)
in the Regular Army (RA), the applicant reenlisted in the RA on 24 February
1977, for 4 years, in the pay grade of E-4.  He was awarded an image
interpreter military occupational specialty.

3.  The applicant was promoted to the pay grade of E-5 on 12 October 1977
and he extended his enlistment for 10 months on 4 December 1978.  He was
promoted to the pay grade of E-6 on 6 June 1981.  The applicant reenlisted
in the RA for 6 years on 11 December 1981.

4.  The facts and circumstances pertaining to the applicant's discharge are
not on file.  The Certificate of Release or Discharge from Active Duty (DD
Form 214) indicates that the applicant was discharged on 10 December 1982,
under the provision of Army Regulation 635-200, chapter 10, for the good of
the service in lieu of trial by court-martial.  He had completed 9 years, 5
months, and 17 days of net active service and he was furnished a discharge
under other than honorable conditions.

5.  A review of the available records fail 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.

6.  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.  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.

2.  The facts and circumstances surrounding the applicant's discharge are
not on file.  However, the available records show that he was discharged
under other than honorable conditions, under the provisions of Army
Regulation 635-200, chapter 10, in lieu of trial by court-martial.
3.  There is no evidence in the available records, nor has the applicant
submitted any evidence to support his contentions that he was misinformed
by his counsel; that there was a travesty of justice concerning his
discharge process; or that he was informed that he had no other recourse.
In the absence of evidence to the contrary, it must be presumed that what
the Army did in his case was correct.

4.  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

__HOF__  __WB     _  __MJF__  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.





                                  _____Hubert O. Fry, Jr.____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070008881                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071023                                |
|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/FOR THE GOOD OF THE SERVICE    |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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