RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 DECEMBER 2005
      DOCKET NUMBER:  AR20050002839


      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. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |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 reconsideration of a previous request to upgrade
his discharge.

2.  The applicant states that he is a Vietnam Veteran who fought for his
country in Vietnam and earned the rank of E-5 in less than 2 years.  He
feels his earlier errors as a young man should not reflect on the rest of
his life.  He feels that the injury he sustained from a motorcycle accident
while absent without leave (AWOL), and the fact that he is now disabled,
should justify his being medically discharged.

3.  He disputes information contained in the Board’s previous
consideration.

4.  The applicant provides no additional documentation in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004099986, on 19 October 2004.

2.  In this reconsideration request the applicant describes what he feels
are discrepancies and errors in the Board’s response to his original
request, and a new argument suggesting that he should have received a
disability discharge, and questions why he was not separated once he
reached his 3 year service obligation.

3.  The applicant enlisted and entered active duty on 30 August 1967, and
not
18 September 1972, as shown in the Board’s October 2004 consideration.

4.  On 7 September 1970, the applicant signed an affidavit in which he
voluntarily requested retention on active duty beyond the scheduled
expiration date of his term of service for the purpose of continuing his
medical care.

5.  On 4 January 1971, the applicant was AWOL from the Medical Holding
Company at Fort Dix, New Jersey, and remained so absent until 25 March
1971.  He was AWOL again from 27 March 1971 until 29 October 1973.

6.  On 30 November 1973, the applicant was notified that his 3 year service
commitment had been extended because of the amount of his AWOL time.
7.  Army Regulation 635-40 states that the cases of a soldier charged with
an offense under the UCMJ or who is under investigation for an offense
chargeable under the UCMJ which could result in dismissal or punitive
discharge, may not be referred for, or continue, disability processing
unless the investigation ends without charges, the officer exercising
proper court-martial jurisdiction dismisses the charge, or the officer
exercising proper court-martial jurisdiction refers the charge for trial to
a court-martial that cannot adjudge such a sentence.

8.  Army Regulation 600-8-1 states that any injury or disease incurred
while the member is AWOL will be handled as not in line of duty unless the
member was mentally unsound at the inception of the unauthorized absence.
If there is no further misconduct shown other than AWOL, the correct
finding is not in line of duty-not due to own misconduct.  To establish
that a person was AWOL for line of duty purposes, it must show that the
member voluntarily left his or her unit or organization or other place of
duty without proper authority.

9.  Title 10, United States Code, Section 1207 states that each member of
the armed forces who incurs a physical disability that, in the
determination of the Secretary concerned, makes him unfit to perform the
duties of his officer, grade, rank, or rating, and that resulted from his
intentional misconduct or willful neglect or was incurred during a period
of unauthorized absence, shall be separated from his armed forces without
entitlement to any benefits under this chapter.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted and entered active duty on 30 August 1967, and
not
18 September 1972, as shown in the Board’s original consideration.
However, the fact that there was an error on the date of his enlistment is
not sufficient to justify the relief the applicant is requesting.

2.  The applicant contends that he was injured while AWOL and that his
injury should have resulted in his receiving a medical discharge.  There is
no basis to grant the applicant’s request for medical discharge because his
injury did not occur in the line of duty and his administrative discharge
was not the result of his motorcycle accident.

3.  The applicant’s contention that he should have been discharged when he
completed his 3 year service obligation is without foundation.   Documents
in his available records show that he was placed on medical hold, and
voluntarily requested to be retained on active duty beyond his expiration
term of service in order to continue his medical care.  Other documentation
in his available records show that the applicant was informed that his 3
year service obligation had also been extended because of his AWOL time.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TK  ___  ___RD __  __JM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of
the ABCMR set forth in Docket Number AR2004099986, dated 19 October 2004.




                                  _____ Ted Kanamine ______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002839                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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