RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 February 2005
      DOCKET NUMBER:  AR20040002914


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Jonathan K. Rost              |     |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 be upgraded from an
undesirable discharge to an honorable discharge.

2.  The applicant states that he served in Vietnam on his first enlistment
and received an honorable separation.

3.  The applicant states, in effect, that he served in Vietnam and was a
good Soldier.  He continues that after his tour in Vietnam ended he
reenlisted for a six-year term of service.  He further states when he
traveled home on leave prior to reporting to his new duty assignment his
wife and her boyfriend were living together in his home.

4.  The applicant states that he was shattered by his wife's actions and
that he went temporarily insane.  He admitted that he did go AWOL because
of the travesty of the war and the situation with his wife.  On several
occasions he tried to turn himself in from AWOL before surrendering at Fort
Jackson.  The applicant concludes that he made a mistake and has been a
victim of that mistake for a long time.

5.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 January 1969.  The application submitted in this case is
dated 9 June 2004.

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.  The applicant enlisted in the Regular Army 14 October 1964 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 11B (Light Weapons
Infantryman).

4.  On 21 September 1966, the applicant arrived in Vietnam where he served
as a light weapons infantryman, postal clerk, and light truck driver in
various units before his departure on 20 July 1967.

5.  Records show that the applicant was absent without leave (AWOL) for the
periods 28 September 1967 through 20 June 1968 and 24 June 1968 through
21 October 1968.

6.  The court-martial charge sheet is not available.

7.  On 6 January 1969, after consulting with counsel, the applicant
submitted a request for discharge for the good of the service under the
provisions of chapter 10 of Army Regulation 635-200 (Personnel
Separations).  The applicant indicated in his request that he understood he
could be discharged under other than honorable conditions and furnished an
Under Other Than Honorable Conditions Discharge; that he may be deprived of
many or all Army benefits; that he may be ineligible for many or all
benefits administered by the Department of Veterans Affairs; and that he
may be deprived of his rights and benefits as a veteran under both Federal
and State law.  He also acknowledged that he may expect to encounter
substantial prejudice in civilian life because of an Under Other Than
Honorable Conditions Discharge.  The applicant did not submit a statement
on his behalf.

8.  On 14 January 1969, the appropriate authority approved the applicant's
request for discharge for the good of the service.  He directed that the
applicant be issued an undesirable discharge.  His DD Form 214 shows that
he was discharged under the provisions of Army Regulation 635-200 by reason
of "For Good of the Service" with a characterization of service of under
other than honorable conditions.  The applicant completed 3 years,
2 months, and 23 days of creditable active service with 386 days of lost
time due to AWOL.

9.  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, at
any time after the charges have been preferred, submit a request for
discharge for the good of the service in lieu of trial by court-martial.
At the time, an undesirable discharge was normally considered appropriate.




10.  Army Regulation 635-200, paragraph 3-7, 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 (emphasis
added), or is otherwise so meritorious that any other characterization
would be clearly inappropriate.  Whenever there is doubt, it is to be
resolved in favor of the individual.

11.  Army Regulation 635-200, paragraph 3-7, 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's prior service achievements and conduct are noteworthy.
However, prior good military service conduct alone is not a basis for
upgrading a discharge, and upon review, the applicant's good prior service
conduct is not sufficient to mitigate his indiscipline in the Army during
his second enlistment.

2.  The applicant further contends that he was having marital problems that
caused him to go AWOL.  There is no evidence and the applicant has not
provided evidence that shows he sought assistance from his chain of
command, chaplain, or community support service for his marital problems.
Therefore, there is no basis for this argument.

3.  Evidence shows that the applicant was properly and equitably discharged
in accordance with the regulations in effect at the time.

4.  In the absence of evidence to the contrary, it is determined that all
requirements of law and regulations were met and the rights of the
applicant were fully protected throughout the separation process.

5.  The applicant's records show two instances of extended AWOL.  Based on
these facts, the applicant’s service clearly did not meet the standards of
acceptable conduct and performance of duty for Army personnel which are
required for issuance of an general or honorable discharge.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 January 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 January 1972.  However, 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

__RJW __  __YM___  __JKR___  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.




                                  ___ Mr. Ronald J. Weaver_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002914                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |24 February 2005                        |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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