RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050006329


      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. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 discharge be upgraded.

2.  The applicant states, in effect, that it has been over 30 years and he
believes that he deserves an upgrade of his discharge.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 6 September 1973, the date he was separated
from active duty.  The application submitted in this case is dated 19 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 and
entered active duty on 28 August 1967, for a period of 3 years.  He was
trained in, awarded, and served in military occupational specialty (MOS)
76P10 (Stock Control & Accountant Specialist).  On 29 December 1969, the
applicant was honorably discharged after serving 2 years, 4 months, and 2
days of honorable active service.  On 30 December 1969, the applicant
immediately reenlisted for a period of 4 years. The highest grade attained
was pay grade E-5.

4.  On 6 September 1972, the applicant was convicted by a Special Court-
Martial of being absent without leave (AWOL) from 7 June to 5 July 1972.
He was sentenced to a reduction to pay grade E-4 and 30 days extra duty.

5.  On 6 March 1973, the applicant was reported for being AWOL.  He was
apprehended by civil authorities and returned to military control on 18
July 1973.

6.  On 22 July 1973, court-martial charges were preferred against the
applicant for being AWOL from 7 March to 18 July 1973.

7.  On 8 August 1973, a medical examination found the applicant fit for
retention.

8.  The facts and circumstances pertaining to the applicant’s discharge
proceedings are not in his Military Personnel Record (MPR).  However, the
MPR does contain a separation document (DD Form 214) that contains the
authority and reason for his discharge.  The applicant authenticated this
document with his signature indicating he was discharged under the
provisions of Army Regulation 635-200, Chapter 10, the character of service
was Under Conditions Other Than Honorable and that the reason for discharge
was for the good of the service.

9.  On 6 September 1973, the applicant received an undesirable discharge
after completing a total of 5 years, 6 months, and 26 days of active
military service and 165 days of time lost.

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.

11.  There is no indication that the applicant applied to the Army
Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-
year statute of limitations.

DISCUSSION AND CONCLUSIONS:

1.  The contention of the applicant was carefully considered and found to
have insufficient merit in this case.

2.  The applicant’s record is void of the specific facts and circumstances
surrounding his separation processing.  However, it does contain a properly
constituted DD Form 214 that identifies the reason and characterization of
the applicant’s discharge.  The applicant authenticated this document with
his signature on the date of his separation.  Therefore, Government
regularity in the discharge process is presumed.

3.  In the absence of any evidence of record or independent evidence to the
contrary, it is concluded that all requirements of law and regulation were
met and the rights of the applicant were fully protected throughout the
separation process. Further, the applicant’s discharge accurately reflects
his overall record of service.

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

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 September 1973, therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
5 September 1976.  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

__JNS __  __LGH __  __MJF __  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 N. Slone______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050006329                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051214                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]