RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2005
      DOCKET NUMBER:  AR20050006387


      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:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry, Jr.            |     |Member               |
|     |Mr. Robert Rogers                 |     |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 his under other than honorable conditions
discharge be upgraded.

2.  The applicant states he honorably served thirteen months in Vietnam and
Korea.

3.  The applicant provided a one page self-authored statement in support of
this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 July 1971, the date of his separation from active duty.
 The application submitted in this case is dated 1 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
October 1967 for a period of three years.  He was trained in, awarded, and
served in military occupational specialty (MOS) 11B10 (Light Weapons
Infantry) and the highest rank he attained while serving on active duty was
specialist /pay grade
E-4.

4.  Records show the applicant served in the Republic of Vietnam during the
period 25 April 1968 through 15 August 1968 and while he was stationed in
Vietnam he participated in two campaigns.  The applicant's records also
show he served in Korea during the period 17 August 1968 through 31 May
1969.

5.  The applicant’s records show he received numerous awards including the
National Defense Service Medal, the Vietnam Service Medal with two bronze
service stars, and the Armed Forces Expeditionary Medal for his service in
Korea.

6.  The record reveals a disciplinary history which includes his acceptance
of nonjudicial punishment (NJP) under the provisions of Article 15 of the
Uniform Code of Military Justice (UCMJ) for being absent without proper
authority from his unit on period 26 August 1968.

7.  On 7 November 1969, a special court-martial convicted the applicant of
being absent without leave (AWOL) from on or about 18 August 1969 through
on or about 18 September 1969.  The applicant's punishment consisted of
confinement at hard labor for two months and reduction to private/pay grade
E-1.

8.  On 1 June 1970, a special court-martial convicted the applicant of
being AWOL from on or about 31 October 1969 through on or about 29 March
1970.  The applicant's punishment consisted of confinement at hard labor
for three months and forfeiture of $50.00 per month for three months.

9.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he
was also AWOL during the periods 19 August 1969 through 17 September 1969,
31 October 1969 through 28 March 1970,  and 4 June 1970  through 18 October
1970.  This form further shows the applicant was held in military
confinement during the periods 12 October 1969 through 27 October 1969, 29
March 1970 through 3 June 1970, and 23 March 1971 through 10 June 1971.

10.  On 13 April 1971, charges were preferred against the applicant for
being absent without leave (AWOL) during the period 4 June 1970 through 25
March 1971.

11.  On 22 April 1971, the applicant consulted with legal counsel and was
advised of the basis for the contemplated trial by court-martial, the
maximum permissible punishment authorized under the UCMJ, the possible
effects of an under other than honorable conditions discharge, and of the
procedures and rights that were available to him.  Subsequent to receiving
this legal counsel, the applicant voluntarily requested discharge for the
good of the service, in lieu of trial by court-martial.

12.  In his request for discharge, the applicant indicated that he
understood that by requesting discharge, he was admitting guilt to the
charge against him, or of a lesser included offense, that also authorized
the imposition of a bad conduct or dishonorable discharge.  He further
acknowledged he understood that if his discharge request was approved, he
could be deprived of many or all Army benefits, that he could be ineligible
for many or all benefits administered by the Department of Veterans Affairs
(VA), and that he could be deprived of his rights and benefits as a veteran
under both Federal and State law.
13.  On 21 June 1971, the separation authority approved the applicant’s
request for discharge and directed that he receive an under other than
honorable conditions discharge.  On 1 July 1971, the applicant was
discharged accordingly. The DD Form 214 he was issued confirms he completed
a total of 1 year, 11 months, and 18 days of creditable active military
service and that he accrued 634 days of time lost due to AWOL and
confinement.

14.  There is no evidence in the available records which show the applicant
was diagnosed and/or treated for problems associated with alcohol
dependency.

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

16.  The applicant submitted a self-authored statement which essentially
stated he was only 18 when he joined the Army and he experienced many
horrible things while serving in Vietnam.  The applicant continued that he
became an alcoholic because alcohol was his only escape from the reality of
his life.

17.  The applicant concluded his discharge should be upgraded because he
served overseas and his service overseas caused him to go AWOL.

18.  Army Regulation 635-200 (Personnel Separations) 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.

19.  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.




20.  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 under other than honorable conditions
discharge should be upgraded because he honorably served thirteen months in
Vietnam and Korea.  The applicant also contends his overseas experiences
led to his alcoholism and instances of AWOL.

2.  Records show the applicant was 18 years of age at the time of his
offenses.  There is no evidence that indicates the applicant was any less
mature than other soldiers of the same age who successfully completed
military service.

3.  There is no evidence, and the applicant has provided insufficient
evidence, that shows he suffered from or received treatment for alcohol
dependency during his military service or that alcohol dependency was the
cause of his indiscipline and subsequent separation.  Therefore, this
contention is not supported by the facts in this case.

4.  The applicant's record of service included one nonjudicial punishment
for failing to report to his place of duty and two special courts-martial
for being AWOL.  The applicant's records further show that he had 634 days
of lost time due to AWOL and confinement.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 July 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 June 1974.  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

_HOF____  _RR____  _BJE___  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.




                                      _Barbara J. Ellis_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006387                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051019                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |1970/07/01                              |
|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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