RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 July 2005
      DOCKET NUMBER:  AR20040008699


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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, upgrade of his discharge under other
than honorable conditions to an honorable discharge.

2.  The applicant states, in effect, that he was young at the time of his
offenses and that he would reenlist if necessary to get an honorable
discharge.  The applicant further states that he is now a responsible man
and the father of two girls.

3.  The applicant provides no documentation or evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 14 October 1975, the date of his discharge.  The application
submitted in this case is dated 6 October 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's military service records show that he enlisted on 28
May 1974 for a period of 3 years.  He successfully completed basic combat
and advanced individual training and was awarded the military occupational
specialty 31B20 (field radio mechanic).

4.  The applicant accepted nonjudicial punishment (NJP) under Article 15,
Uniform Code of Military Justice (UCMJ), on 25 March and 28 April 1975.
His offenses included absent from appointed place of duty, absent without
leave (AWOL) during the periods from 13 April to 14 April 1975, and from 17
April to
28 April 1975.

5.  The applicant's records show that he was AWOL during the following
periods:

      a.  from 13 June to 16 June 1975;

      b.  from 18 June to 14 July 1975;

      c.  from 14 July to 16 July 1975;

      d.  from 18 July 1975, dropped from the rolls on 19 July 1975, to 26
July 1975; and

      e.  from 26 July 1975, dropped from the rolls on 26 July 1975, to 4
August 1975.

The applicant's records do not contain the disposition of the above
offenses.

6.  The applicant's separation processing package was not available for the
Board's review.

7.  On 14 October 1975, the applicant was discharged under the provisions
of Chapter 13 of Army Regulation 635-200 (Active Duty Enlisted
Administrative Separations) due unfitness - frequent involvement of a
discreditable nature with authorities and issued an Undesirable Discharge
Certificate.  He had 1 year and 4 days active service and had 133 days of
time lost.

8.  There is no indication that the applicant applied to the Army Discharge
Review Board (ADRB) for an upgrade of his discharge within the ADRB's 15-
year statue of limitations.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity. The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

10.  Army Regulation 635-200, then in effect, sets forth the basic
authority for the separation of enlisted personnel.  Paragraph 13-5a(1),
then in effect, provides for discharge of individuals for unfitness.  The
regulation defined unfitness as including frequent incidents of a
discreditable nature with civil or military authorities.

11.  Army Regulation 635-200, then in effect, 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.

12.  Army Regulation 635-200, then in effect, 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 contends, in effect, that his discharge under other than
honorable conditions should be upgraded to an honorable discharge.  The
applicant further contends that he is now a responsible person who is
raising two daughters.

2.  The applicant's post service achievements and conduct are noted.
However, good post service conduct alone is not normally sufficient to
upgrade a properly issued discharge.

3.  Although the applicant's separation package was not available, it is
presumed that the Army's administrative processing of the applicant for
discharge is correct. The applicant has the burden of proving an error or
injustice by a preponderance of the evidence.

4.  In order to justify correction of a military record the applicant must,
or it must otherwise satisfactorily appear, that the record is in error or
unjust.  The applicant has failed to submit evidence that would satisfy
that requirement.

5.  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.  Further,
it is determined that the type of discharge and the reason for separation
were appropriate considering all the facts of the case.

6.  A review of the applicant's record of service, which included non-
judicial punishment and additional periods of AWOL, shows the applicant did
not meet the standards of acceptable conduct and performance of duty for
Army personnel.  The applicant's entire record of service was considered.
There is no record or documentary evidence of acts of valor, achievement,
or service that would warrant special recognition.

7.  In view of the foregoing, there is insufficient evidence to upgrade the
applicant's undesirable discharge.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 October 1975, the date of his
separation from the Army; therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 13 October
1978.  Although the applicant is requesting a grant of clemency based on
good post-service conduct, he has not provided any evidence of post-service
achievement or good conduct. In the absence of such evidence, it is not in
the interest of justice to excuse the applicant's failure to timely file
within the 3-year statute of limitations.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KLW      __JEA___  __JRS__   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.




                                     __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008699                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050714                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]