RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 June 2004
      DOCKET NUMBER:   AR2004100624


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Joe Schroeder                 |     |Member               |
|     |Mr. Robert Duecaster              |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 undesirable discharge be upgraded to
honorable.

2.  The applicant states that he was not in good health when he was
discharged. He states that he had an infection on his rectum where he had
surgery for a glass infection in 1974.

3.  The applicant did not provide any documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 9 April 1975.  The application submitted in this case is dated
29 October 2003.

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 limitation 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 was inducted into the Army on 15 February 1968.

4.  The applicant's service personnel records contain a DA Form 3836
(Notice of Return of U.S. Army Member from Unauthorized Absence) which
shows he was absent without leave (AWOL) on 25 July 1968 from the U.S. Army
Oversea Replacement Station at Fort Dix, New Jersey and was dropped from
the rolls
on 31 August 1968.  This document shows he returned to military control on
30 March 1975 after being apprehended by civil authorities.

5.  The Charge Sheet (DD Form 458) pertaining to the applicant's discharge
proceedings is in the available records; however, this document is not
complete.

6.  The applicant's complete discharge packet is not available.  On 8 April
1975, the applicant consulted with legal counsel and voluntarily requested
discharge for the good of the service pursuant to the provisions of
Presidential Proclamation Number 4313, 16 September 1974.  He acknowledged
that he understood that his absence was characterized as a willful and
persistent unauthorized absence for which he was subject to trial by court-
martial for violation of the Uniform Code of Military Justice (UCMJ) and
could have led to the imposition of a bad conduct or dishonorable
discharge.  He also acknowledged that he might encounter substantial
prejudice in civilian life and that he might be ineligible for many or all
Army benefits administered by the Veterans Affairs (VA) if an undesirable
discharge was issued.  The applicant did not submit statements in his own
behalf.

7.  On 8 April 1975, the applicant signed a Reaffirmation of Allegiance and
Pledge to Complete Alternate Service acknowledging that, on 25 July 1968,
he voluntarily absented himself from the his military unit without being
properly authorized.  He recognized that his obligations as a citizen
remained unfulfilled and was ready to serve in whatever alternate service
his country prescribed for him and pledged to complete faithfully a period
of 24 months service.

8.  The applicant underwent a separation physical on 8 April 1975.  In the
Notes section on the Report of Medical Examination, he indicated that he
was in fair health and taking no medication.  His physical profile was 2 1
1 1 1 1.  The examining physician recommended that the applicant be further
examined by a specialist.  There is no evidence of record to show this was
done.  On his Report of Medical History, he indicated that he would let a
civilian doctor take out the sutures from a stab wound.

9.  Department of the Army, U.S. Army Administration Center and Fort
Benjamin Harrison, Indiana Special Orders Number 71 dated 9 April 1975
discharged the applicant from active duty under the provisions of
Presidential Proclamation Number 4313, 16 September 1974 with issuance of
an undesirable discharge.

10.  The applicant's personnel records contain a letter dated 29 August
1975 from the Manager, Reconciliation Service Division of the National
Headquarters, Selective Service System.  This letter indicated that the
applicant had been terminated from enrollment in the Reconciliation Service
Program because he did not complete his required period of alternate
service.  The letter also indicated that he was dismissed for
unsatisfactory performance and failure to respond to official
correspondence.

11.  There is no evidence of record which indicates the applicant applied
to the Army Discharge Review Board (ADRB) within its 15-year statute of
limitations.

12.  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.  A
discharge under other than honorable conditions is normally considered
appropriate.  However, at the time of the applicant's separation the
regulation provided for the issuance of an undesirable discharge.

13.  Presidential Proclamation 4313 (PP 4313), dated 16 September 1974, was
issued by President Ford and affected three groups of individuals.  One
group was prior members of the Armed Forces who had been discharged with a
punitive or undesirable discharge for violation of Articles 85, 86 or 87
(desertion, AWOL, and missing movement, respectively) of the UCMJ.  This
group could apply to a Presidential Clemency Board which was made up of
individuals appointed by the President (members were civilians, retired
military and members of the Reserve Components) who would establish a
period of alternate service of not more than 24 months that the individuals
would perform.  If they completed the alternate service satisfactorily,
they would be entitled to receive a Clemency Discharge.  The Presidential
Board was authorized to award a Clemency Discharge without the performance
of alternate service (excusal from alternate service).  The Clemency
Discharge did not affect the underlying discharge and did not entitle the
individual to any benefits administered by
the VA.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of the Charge Sheet pertaining to the applicant's
chapter 10 discharge proceedings, the applicant's voluntary request for
separation under the provisions of Army Regulation 635-200, chapter 10, for
the good of the service, to avoid trial by court-martial, is presumed to
have been administratively correct and in conformance with applicable
regulations.  There is no indication that the request was made under
coercion or duress.

2.  The applicant was advised of the effects of an undesirable discharge
and that he might be deprived of many or all Army and VA benefits.  He was
afforded the opportunity to submit statements in his own behalf, but he
declined to do so.

3.  Although the applicant's discharge packet is not available, it is
presumed the separation authority appropriately directed issuance of an
Undesirable Discharge Certificate based on his overall record.

4.  The applicant has failed to submit evidence to show the record is in
error or unjust and no evidence to show that his physical condition caused
the misconduct for which he was separated.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 April 1975; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 April 1978.  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 RELIEF

________  ________  ________  GRANT FORMAL HEARING

MM______  JS______  RD______  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.




            Melvin Meyer__________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100624                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040610                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |