RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 September 2005
      DOCKET NUMBER:  AR20050000397


      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 that his undesirable discharge be upgraded to
honorable.

2.  The applicant states an injustice has been done to him.  He contends
that to this day he still does not know what happened.  He states he was
sent from a Vietnam hospital to Japan, then to a hospital in the United
States, and then he went absent without leave (AWOL).  He states he was
never in any other trouble other than being AWOL while he was in the Army
and that he has led a clean and honest life since his discharge.

3.  The applicant provides a letter, dated 23 September 2004, from the
National Personnel Records Center, St. Louis, Missouri; a DD Form 214
(Report of Transfer or Discharge) for the period ending 27 August 1967;
discharge orders, dated 28 August 1967; and a DD Form 214 (Report of
Separation from Active Duty) for the period ending 11 July 1974.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 11 July 1974.  The application submitted in this case is dated
26 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 25 March 1966 for a period of 3 years.  He
arrived in Vietnam on 2 March 1967 and served as a cook and field
illumination crewman.  He was honorably discharged on 27 August 1967 for
immediate reenlistment.  He reenlisted on 28 August 1967 for a period of 6
years.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he
departed Vietnam in a patient status, was transferred to the 106th General
Hospital in Japan, and orders show he was authorized convalescent leave for
30 days effective 1 October 1968.  Orders also show the applicant was
reassigned to the 18th Airborne Corps Headquarters, at Fort Bragg, North
Carolina, on 23 November 1968.

4.  On 27 February 1969, in accordance with his plea, the applicant was
convicted by a special court-martial of being AWOL from 20 January 1969 to
9 February 1969.  He was sentenced to forfeit $50 per month for 2 months
and to be reduced to E-4.  On 3 March 1969, the convening authority
approved the sentence.

5.  The applicant went AWOL on 19 March 1969 and returned to military
control on 16 May 1974.  On 23 May 1974, charges were preferred against the
applicant for the AWOL period.

6.  On 12 June 1974, after consulting with counsel, the applicant submitted
a request for discharge for the good of the service in lieu of trial by
court-martial under the provisions of Army Regulation 635-200, chapter 10.
He indicated in his request that he understood that he could be discharged
under other than honorable conditions and furnished an Undesirable
Discharge Certificate, that he might be deprived of many or all Army
benefits, that he might be ineligible for many or all benefits administered
by the Veterans Administration and that he might be deprived of his rights
and benefits as a veteran under both Federal and State law.  He also
acknowledged that he might encounter substantial prejudice in civilian life
because of an undesirable discharge.  The applicant elected to submit a
statement in his own behalf.  In summary, he stated that after he came back
from Vietnam he had marital problems which led to divorce.  He stated that
he remarried and started a family and years later the police told him he
was AWOL from the Army.  He indicated that he turned himself in and
requested a discharge because his wife was pregnant with their third child,
they had serious financial problems, and his health was not good.

7.  On 27 June 1974, the separation authority approved the applicant’s
request for discharge and directed that he be issued an Undesirable
Discharge Certificate.

8.  Accordingly, the applicant was discharged with an undesirable discharge
on
11 July 1974 under the provisions of Army Regulation 635-200, chapter 10,
for the good of the service.  He had served 3 years and 1 month of total
active service and had 1904 days of lost time due to AWOL.

9.  There is no indication in the available records that the applicant
applied to the Army Discharge Review Board for a discharge upgrade within
its 15-year statute of limitations.

10.  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.

11.  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.

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

2.  The applicant’s record of service included one special court-martial
conviction and 1904 days of lost time.  As a result, his record of service
was not satisfactory and did not meet the standards of acceptable conduct
and performance of duty for Army personnel.  Therefore, the applicant's
record of service is insufficiently meritorious to warrant a general
discharge or honorable discharge.

3.  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, was administratively correct and in
conformance with applicable regulations.

4.  The type of discharge directed and the reasons for separation were
appropriate considering all the facts of the case.

5.  Records show the applicant should have discovered the alleged injustice
now under consideration on 11 July 1974; therefore, the time for the
applicant to file a request for correction of any injustice expired on 10
July 1977.  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                 |AR20050000397                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19740711                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 10                   |
|DISCHARGE REASON        |For the good of the service             |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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