RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 September 2005
      DOCKET NUMBER:  AR20050000258


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Mr. Richard Dunbar                |     |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 clemency in the form of a
general discharge be granted.

2.  The applicant states he received a bad conduct discharge for being
absent without leave (AWOL).  He contends he returned from overseas when
his father died and he tried to get a hardship discharge to help support
his mother and younger siblings.  He also contends that he has one
honorable discharge, he has been a good honest citizen, and he has no
criminal record.

3.  The applicant provides no evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 14 July 1965.  The application submitted in this case is dated
20 December 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 on 26 September 1960 for a period of 3 years.
He served as a supply handler and was honorably discharged on 4 October
1962 for immediate reenlistment.  He reenlisted on 5 October 1962 for a
period of 6 years.
4.  On 8 April 1963, nonjudicial punishment was imposed against the
applicant for disobeying a written order (curfew violation).  His
punishment consisted of an oral reprimand.

5.  On 4 May 1963, nonjudicial punishment was imposed against the applicant
for being AWOL from his place of duty.  His punishment consisted of a
reduction to E-2.

6.  On 8 July 1963, nonjudicial punishment was imposed against the
applicant for being absent from bed check.  His punishment consisted of
extra duty.

7.  On 29 July 1963, in accordance with his plea, the applicant was
convicted by a summary court-martial of being AWOL from 20 July 1963 to 23
July 1963.  He was sentenced to be restricted to the limits of the company
area of Headquarters Company for 30 days and to forfeit $50 pay per month
for one month.  On
3 August 1973, the convening authority approved only so much of the
sentence as provided for restriction to the limits of the company area,
messhall, church, dispensary and place of duty for 30 days and forfeiture
of $50 pay per month for 1 month.

8.  On 7 May 1965, in accordance with his pleas, the applicant was
convicted by a general court-martial of three specifications of being AWOL
(from 1 April 1964 to 2 June 1964; from 11 July 1964 to 28 September 1964;
and from 11 October 1964 to 11 March 1965).  He was sentenced to be
discharged from the service with a bad conduct discharge, to forfeit $55
per month for 6 months, to be confined at hard labor for 6 months, and to
be reduced to E-1.  On 26 May 1965, the convening authority approved the
sentence.

9.  On 9 June 1965, the Board of Review, United States Army Judiciary,
Office of The Judge Advocate General of the Army affirmed the findings of
guilty and the sentence.

10.  The bad conduct discharge was ordered to be executed on 21 June 1965,
and the confinement at hard labor remaining unexecuted was remitted upon
delivery of the bad conduct discharge.

11.  Accordingly, the applicant was discharged with a bad conduct discharge
on 14 July 1965 under the provisions of Army Regulation 635-204, for
conviction by a general court-martial.  He had served 3 years, 10 months
and 26 days of total active service with 327 days of lost time due to AWOL
and confinement.

12.  There is no evidence in the available records which shows the
applicant requested a hardship discharge.

13.  Army Regulation 635-204, in effect at that time, set forth the basic
authority for separation of enlisted personnel with dishonorable and bad
conduct discharges.  Paragraph 1b of this regulation states that an
enlisted person will be discharged with a bad conduct discharge pursuant
only to an approved sentence of a general or special court-martial imposing
a bad conduct discharge.

14.  Section 1552(f), Title 10, United States Code states that the Army
Board for Correction of Military Records can only review records of court-
martial and related administrative records to correct a record to
accurately reflect action taken by reviewing authorities under the Uniform
Code of Military Justice or to take clemency action.

15.  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.  There is no evidence that the applicant requested a hardship discharge.


2.  Good post service alone is not a basis for upgrading a discharge.

3.  The applicant's record of service included three nonjudicial
punishments, one summary court-martial conviction, and one general court-
martial conviction for being AWOL on three separate occasions.  As a
result, his record of service was not satisfactory and clemency in the form
of a general discharge is not warranted in this case.

4.  Records show the applicant should have discovered the alleged injustice
now under consideration on 14 July 1965; therefore, the time for the
applicant to file a request for correction of any injustice expired on 13
July 1968.  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

SK_____  BE______  _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.




            ___Stanley Kelley________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000258                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |BCD                                     |
|DATE OF DISCHARGE       |19650714                                |
|DISCHARGE AUTHORITY     |AR 635-204                              |
|DISCHARGE REASON        |Conviction by a general court-martial   |
|BOARD DECISION          |NC                                      |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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