RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 December 2004
      DOCKET NUMBER:  AR2004104969


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |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 that his General Discharge (GD) be upgraded to
an Honorable Discharge (HD).

2.  The applicant states that he enlisted for 36 months and honorably
served 33 months, including 13 months in Vietnam.  When he returned from
Vietnam, he was 19 years old and wanted out of the Army.  His commander
told him to go AWOL (absent without leave) and he would be separated.  He
regrets his decision and would like an HD so that his children will know
their father was an honorably discharged Vietnam veteran.  He believes he
has paid for his mistake for the past 33 years.

3.  The applicant provides no supporting documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 August 1972, the date of his discharge.  The
application submitted in this case is dated 26 February 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 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 born on 30 June 1952.  On 14 November 1969 at 17
years of age, he enlisted in the Regular Army for 3 years.  He underwent
Basic Combat Training at Fort Polk, Louisiana and Advanced Individual
Training in MOS 36C (Lineman) at Fort Gordon, Georgia.  His first permanent
duty assignment was in Germany where he served from on/about 28 May 1970 to
on/about 11 November 1970.  From enlistment through his assignment in
Germany, the applicant's conduct and efficiency ratings were "excellent."

4.  On/about 12 December 1970, the applicant was transferred to Vietnam and
assigned to the 14th Signal Company, 37th Signal Battalion until on/about
26 November 1971.  His DA Form 20 (Enlisted Qualification Record) shows
that his conduct was only "fair" and his efficiency was "unsatisfactory"
during this period.
5.  On 26 November 1971, the applicant was transferred to the Drug Abuse
Holding Center (DAHC), Long Binh, Vietnam.  He remained there until
on/about 8 December 1971 when he was medically evacuated to the Medical
Holding Company, Darnall Army Hospital, Fort Hood, Texas.  On 17 December
1971, he was released from medical hold and assigned to Company D, 16th
Signal Battalion.

6.  The applicant was AWOL from 23 January 1971 through 22 February 1972
and again from 20 March 1972 through 25 May 1972.  He was returned to
military control and placed in pre-trial confinement on 26 May 1972.  Court-
martial charges were preferred against the applicant for the above
offenses.  He consulted with legal counsel and requested discharge for the
good of the service in lieu of trial by court-martial under the provisions
of chapter 10, Army Regulation (AR) 635-200.

7.  The applicant's request for discharge was approved and he was separated
with a GD on 2 August 1972.  He had 27 months and 4 days of creditable
active Federal service and 4 months and 24 days of lost time due to AWOL
and confinement.

8.  There is no record that the applicant petitioned the Army Discharge
Review Board (ADRB) seeking a discharge upgrade within that board's 15-year
statute of limitations.

9.  AR 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.  Army
policy states that although an Honorable or General Discharge is
authorized, an Undesirable Discharge is normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service was honorable from enlistment through his tour
of duty in Germany; however, after arriving in Vietnam, he apparently
became involved with illegal drugs and was removed from his unit and sent
to the DAHC in Long Binh.  His drug abuse diminished the quality of his
service in Vietnam.

2.  The applicant's post-Vietnam service was unsatisfactory and was marred
by lengthy periods of AWOL.  Following his return to military control, he
was placed in pre-trial confinement pending trial by court-martial.

3.  The evidence of record shows that the applicant was charged the offense
of AWOL.  He then consulted with legal counsel and voluntarily requested,
in writing, discharge under the provisions of chapter 10, AR 635-200 in
lieu of trial by court-martial.  In this request, the applicant admitted
guilt to the offense, or a lesser included offense.  Further, the applicant
stated that he understood that he could receive a discharge under other
than honorable conditions and that the discharge would have a significant
effect on eligibility for veteran’s benefits.  The unit commander
recommended approval of the applicant's request with a GD.  The separation
authority approved the discharge with a GD.  As most chapter 10 discharges
resulted in a UD, this represented considerably favorable treatment.

4.  The applicant’s discharge proceedings were conducted in accordance with
law and regulations applicable at the time.  The character of the discharge
is more favorable than the applicant's overall record of military service
would seem to warrant.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 August 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 1 August 1975.  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

__mhm___  __lds___  __mjf___  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 H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104969                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041209                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19720802                                |
|DISCHARGE AUTHORITY     |AR 635-200 C10                          |
|DISCHARGE REASON        |A60.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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