RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 October 2005
      DOCKET NUMBER:  AR20050004489


      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. John Slone                    |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Kenneth Lapin                 |     |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
general.

2.  The applicant states it has been over 35 years since his offense.  He
also states that a general discharge will help him secure employment.

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 5 October 1974.  The application submitted in this case is
undated; however, this application was received in this office on 28 March
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 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 enlisted on 12 July 1966 for a period of 3 years.  He
successfully completed basic combat training and advanced individual
training in military occupational specialty (MOS) 13A (field artillery
crewman).

4.  On 23 January 1967, nonjudicial punishment was imposed against the
applicant for being absent without leave (AWOL) from 9 January 1967 to
     19 January 1967.  His punishment consisted of a forfeiture of pay,
extra duty, and restriction.

5.  On 9 February 1967, nonjudicial punishment was imposed against the
applicant for driving a defective vehicle (right headlight was out and no
post decal).  His punishment consisted of a forfeiture of pay.

6.  On 1 June 1967, in accordance with his plea, the applicant was
convicted by a special court-martial of being AWOL from 27 February 1967 to
11 May 1967.  He was sentenced to be confined at hard labor for 3 months,
to forfeit $64.60 per month for 3 months, and to be reduced to E-1.  On 7
June 1967, the convening authority approved only so much of the sentence as
provided for confinement at hard labor for 3 months, forfeiture of $64 per
month for 3 months and a reduction to E-1.  On 13 June 1967, the unexecuted
portion of the sentence to confinement at hard labor for 3 months was
suspended for 3 months.  On 16 June 1967, the 13 June 1967 convening
authority’s action was revoked.

7.  On 6 November 1968, in accordance with his plea, the applicant was
convicted by a special court-martial of being AWOL from 1 July 1968 to
14 October 1968.  He was sentenced to be confined at hard labor for 6
months.  On 20 November 1968, the convening authority approved the
sentence.  On
9 December 1968, the unexecuted portion of the sentence to confinement was
suspended for 5 months.

8.  The applicant went AWOL on 16 December 1968 and returned to military
control on 3 October 1974.

9.  On 5 October 1974, after consulting with counsel, the applicant
submitted a request for discharge for the good of the service pursuant to
the provisions of Presidential Proclamation Number 4313, dated 16 September
1974.  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 acknowledged that he might encounter substantial prejudice in civilian
life because of an undesirable discharge.  He also acknowledged that he
must report to his State Director of Selective Service to arrange for
performance of alternate service within 15 days of the date of receipt of
the Undesirable Discharge Certificate.  He indicated that he understood
satisfactory completion of the alternate service would be acknowledged by
the issuance of a Clemency Discharge Certificate.  Additionally, he elected
to submit a statement to the Board for Alternate Service.  In summary, he
stated that he went AWOL because he was promised a MOS and received
another, that he sought financial help through his chain of command for his
family which was denied, and that he submitted a request for change of MOS
and his request was denied.  He also submitted three character reference
letters.

10.  The Joint Alternate Service Board reviewed the applicant's records and
determined that he would be required to serve 24 months of alternate
service.

11.  On 5 October 1974, the applicant executed a Reaffirmation of
Allegiance and Pledge to Complete Alternate Service and pledged to complete
a period of 24 months service.

12.  The applicant was discharged with an undesirable discharge on 5
October 1974 for the good of the service under the provisions of
Presidential Proclamation Number 4313.  He had served 4 months and 9 days
of creditable active service with 1897 days of lost time due to AWOL and
confinement.

13.  There is no evidence in the available records which shows the
applicant completed his required period of alternate service.

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

15.  Presidential Proclamation 4313 (PP 4313), dated 16 September 1974, was
issued by President Ford and affected three groups of individuals.  One
group was members of the Armed Forces who were in an unauthorized absence
status. These individuals were afforded an opportunity to return to
military control and elect either a discharge under other than honorable
conditions under PP 4313 or to stand trial for their offenses and take
whatever punishment resulted.  For those who elected discharge, a Joint
Alternate Service Board composed of military personnel would establish a
period of alternate service of not more than
24 months that the individuals would perform.  If they completed the
alternate service satisfactorily, they would be entitled to receive a
Clemency Discharge.  The Clemency Discharge did not affect the underlying
discharge and did not entitle the individual to any benefits administered
by the Veterans Administration.

16.  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.  A discharge is not upgraded for the sole purpose of obtaining
employment opportunities.

2.  The applicant's record of service included two nonjudicial punishments,
two special court-martial convictions, and 1897 days of lost time.
Although there is no evidence of record which shows the applicant completed
his required period of alternate service, his record of service was not
satisfactory.  Therefore, the applicant's record of service is
insufficiently meritorious to warrant a general discharge.

3.  Records show the applicant should have discovered the alleged injustice
now under consideration on 5 October 1974; therefore, the time for the
applicant to file a request for correction of any injustice expired on 4
October 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

JS_____  _LS_____  _KL_____  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.




            ___John Slone_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004489                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19741005                                |
|DISCHARGE AUTHORITY     |Presidential Proclamation Number 4313   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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