RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050001941


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy       |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 (UD) be changed
to a medical discharge.

2.  The applicant states that he has a fractured neck, was given a
dishonorable discharge (DD), and was misled with lies.  He also states that
he was told that he was enlisting under the Buddy Plan and that if he did
not go under the Buddy System he would be drafted anyway and sent to
Vietnam.  He felt that he was misled by his recruiter.  He also states that
he joined the Army in good faith and he thought that all five people,
including himself, would go together but all five people went separate
ways.  Upon his arrival at Fort Dix, New Jersey, he did not know where he
was.  He was under the impression he was to go to Fort Knox, Kentucky.  He
asked the drill sergeant where his buddy was and he [the drill sergeant]
laughed and stated "What is a Buddy Plan?"  The applicant alleges he was
treated unjustly so he left and went home.  He called Fort Knox and spoke
to the chaplain.  The chaplain told him to go to Fort Knox, that he would
get things straightened out, and that he could get a medical discharge.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 26 June 1972, the date of his discharge.  The application
submitted in this case is dated 5 January 2005, but was received for
processing on 7 February 2005.

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 records show he enlisted in the U.S. Army
Reserve (USAR) on 19 August 1971, for a period of 6 years.  He enlisted in
the Regular Army on 7 September 1971, for a period of three years, for
training in Army Career Group (ACG) 11 (Infantry) and overseas assignment
to Europe.  He entered active duty (AD) on the same day.  His record
contains orders which show that he was assigned to Fort Dix, New Jersey, on
7 September 1971.
4.  On 3 November 1971, he was punished under Article 15, Uniform Code of
Military Justice (UCMJ), for being absent without leave (AWOL) from
18 September to 17 October 1971.  His punishment consisted of a forfeiture
of pay and 30 days restriction and extra duty.

5.  Charges were preferred against the applicant on 6 June 1972, for being
AWOL from 8 to 10 November 1971 and from 15 November 1971 to 20 May 1972.

6.  The applicant underwent a separation medical examination on 6 June
1972, was found to be in good health, and was found qualified for
separation.

7.  The applicant’s medical records are not available and the applicant
provided no documentary evidence to corroborate his allegation that he
fractured his neck while serving on active duty (AD).  Additionally, there
is no annotation on his separation medical examination, either by himself
or qualified medical personnel, that indicates he had at any time fractured
his neck.

8.  Item 44 (Time Lost), of his DA Form 20 (Enlisted Qualification Record),
shows that he was AWOL from 8 through 9 November 1971 (2 days), from
18 September through 16 October 1971 (29 days), and from 15 November 1971
through 19 May 1972 (187 days), for a total of 218 days.

9.  On 7 June 1972, he consulted with counsel and voluntarily requested
discharge for the good of the service in lieu of trial by court-martial,
under the provisions of Army Regulation 635-200, chapter 10.  In doing so,
he acknowledged that he might encounter substantial prejudice in civilian
life and might be ineligible for many or all benefits administered by the
Veterans Administration (VA) if an undesirable discharge were issued.  He
waived his rights and elected to submit a statement in his own behalf.

10.  The applicant stated that he had completed the 8th grade, was married
at 19, had a little girl, and that times were hard.  He joined the Army
without knowing what it was like.  He went to the reception station and
remained for 4 days.  He called his wife and she told him to come home, so
he did because she was going to divorce him.  In summary, he loved his wife
more than the Army, was unable to rehabilitate, and hoped that everyone
understood how he felt.

11.  On 16 June 1972, the separation authority approved the applicant’s
request for discharge and directed that he be furnished an Undesirable
Discharge Certificate.

12.  The applicant was discharged on 26 June 1972.  He had a total of
2 months and 14 days of creditable service during this enlistment and had
218 days of lost time due to AWOL.

13.  There is no evidence that the applicant applied to the Army Discharge
Review Board for an upgrade of his discharge within its 15-year statute of
limitations.

14.  Army Regulation 635-200 sets forth the basic authority for 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.

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.

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  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.

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

3.  The applicant has provided no evidence to show that his discharge was
unjust.  He also has not provided evidence sufficient to mitigate the
character of his discharge.

4.  The applicant's allegation that he fractured his neck while serving on
AD has been considered; however, there is no evidence in his service record
and he has provided none to corroborate this allegation.

5.  The applicant's medical records are unavailable for review and his
separation physical examination shows that he was cleared for separation
and in good health.

6.  Based on the evidence provided, the applicant is not entitled to a
change of his UD to a medical discharge.

5.  The applicant alleges that he was misled with lies, such as enlistment
under the Buddy Plan.  However, the evidence clearly shows that he enlisted
for overseas assignment to Europe.  He alleges that he was treated
unjustly, left, and went home.  It is apparent that the applicant felt that
his personal life was more important than the military, was unable to cope,
and went AWOL.  He later spoke to the chaplain.  The chaplain informed him
to go to Fort Knox and that he would get things straightened out and that
he would receive a medical discharge. However, there is no evidence, and
the applicant has provided none, to support his allegations to show that he
was treated unfairly or to show that the chaplain provided such
information.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 June 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 25 June 1975.  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

__JEA___  TEO____  __CAK______  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                 |AR20050001941                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19720626                                |
|DISCHARGE AUTHORITY     |AR 635-200, chap 10                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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