RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 November 2005
      DOCKET NUMBER:  AR20050006038


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 his undesirable discharge,
characterized as under other than honorable conditions, be upgraded.

2.  The applicant states he served his country honorably for over three
years and that he had alcohol problems.

3.  The applicant states that he provided "Claim # 28296145" in support of
this application; however, it was not available with the application.  The
applicant did not provide any documentary evidence in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 July 1974, the date of his discharge from active duty.
 The application submitted in this case is dated 2 April 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 record shows he enlisted in the Regular Army on 19 May
1971.  He completed basic and advanced individual training.  He was trained
in, awarded, and served in military occupational specialty (MOS) 95B10
(Military Police) and the highest rank he attained while serving on active
duty was specialist/pay grade E-4.  The applicant was honorably discharged
on 29 November 1972 for the purpose of immediate reenlistment.

4.  The applicant’s record documents no acts of valor, significant
achievement or service warranting special recognition.

5.  The separation processing paperwork is not in the available records for
review with this case.  However, there is sufficient evidence available for
a fair and impartial review of the facts in this case.

6.  The applicant's records contain a DA Form 20 (Enlisted Qualification
Record) which shows he was absent without leave (AWOL) during the periods
19 January 1974 through 7 April 1974 and 22 April 1974 through 2 June 1974.

7.  The applicant's DD Form 214 (Report of Separation From Active Duty)
with the effective date of 15 July 1974, shows he was discharged with
service characterized as under other than honorable conditions under the
provisions of chapter 10 of Army Regulation 635-200 (Personnel
Separations).  The applicant authenticated this form in his own hand.

8.  This DD Form 214 shows he completed 1 year, 3 months, and 15 days of
active service during this period and a total of 2 years, 9 months, and 26
days of creditable active military service.  This form also shows that the
applicant had 121 days of lost time due to AWOL.

9.  There is no evidence in the applicant's personnel service record which
shows that the applicant was diagnosed with or treated for alcoholism
and/or alcohol related medical conditions or that he sought assistance from
his chain of command for an alcohol problem.

10.  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.

11.  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 trail by court-martial.  A
discharge under other than honorable conditions is normally considered
appropriate.

12.  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.


13.  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.  The applicant contends his undesirable discharge should be upgraded
because he served three years of honorable service and he suffered from a
problem with alcohol at the time of his discharge.

2.  There is no evidence and the applicant has not provided sufficient
evidence that shows he was diagnosed with and/or treated for alcohol
addiction or any other a mental or medical condition during his service or
at the time of his discharge.

3.  The applicant's record of service shows that he was AWOL for 121 days.

4.  Based on this record of indiscipline, the applicant's service clearly
does not meet the standards of acceptable conduct and performance of duty
for Army personnel.  This misconduct also renders his service
unsatisfactory.  Therefore, he is not entitled to either a general
discharge or an honorable discharge.

5.  Although the separation processing paperwork is not available,
separations under the provisions of chapter 10 of Army Regulation 635-200
are initiated voluntarily by the Soldier being separated in lieu of court-
martial and include an admission of guilt of the offenses charged.

6.  Records show the applicant was discharged under the provisions of
chapter 10 of Army Regulation 635-200 and he authenticated his DD Form 214.
 As a result regularity is presumed in this case.  The record further shows
the applicant’s discharge accurately reflects his overall record of
undistinguished service.

7.  In order to justify correction of a military record the applicant must
satisfactorily show, or it must otherwise satisfactorily appear, that the
record is in error or unjust.  The applicant has failed to submit
sufficient evidence that would satisfy this requirement.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 July 1974; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 14 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

_JRS__  __ENA____  _TAP___  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.




                                      _Thomas A. Pagan_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR200500069038                          |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051122                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |7/15/74                                 |
|DISCHARGE AUTHORITY     |AR 635-200. . . . .                     |
|DISCHARGE REASON        |Chap 10                                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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