RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            11 APRIL 2006
      DOCKET NUMBER:   AR20050008541


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Carol Kornhoff                |     |Member               |
|     |Mr. Rodney Barber                 |     |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 report of separation (DD Form 214) be
corrected in block 18 to reflect his proper amount of service.

2.  The applicant states, in effect, that his service is improperly
calculated and reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a service
computation completed at the Department of Veterans Affairs (VA).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 September 1973.  The application submitted in this case is
dated 1 June 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.  He was born on 26 April 1947 and on 4 April 1967, he enlisted in the
United States Army Reserve (USAR) for a period of 6 years, under the
delayed entry program (DEP).

4.  On 25 July 1967, after serving 3 months and 21 days of inactive service
in the DEP, he enlisted in the Regular Army for a period of 3 years and
training as a military policeman (MP).  He completed his basic combat
training at Fort Leonard Wood, Missouri, and his advanced individual
training (AIT) at Fort Gordon, Georgia.  Upon completion of his AIT he was
transferred to Vietnam on 14 December 1967, for duty as an MP.  He was
advanced to the pay grade of   E-3 on 31 December 1967 and to the pay grade
of E-4 on 15 September 1968.

5.  On 6 December 1968, the applicant submitted a request for a 6-month
foreign service tour extension and a special 30-day leave.  His request was
approved on 8 December 1968 and orders authorizing his special leave and
government transportation were published on 9 December 1968.
6.  He departed Vietnam on special leave on 11 December 1968 with a return
date to Vietnam of 25 January 1968.  The applicant did not return to
Vietnam and on 26 January 1968, he was reported as being absent without
leave (AWOL).  The applicant was located in Canada and he remained absent
in a deserter status until he returned to military control at Fort Leonard
Wood, Missouri, on 8 August 1973, where charges were preferred against him
for the AWOL offense.

7.  On 7 September 1973, after consulting with counsel, the applicant
submitted a request for discharge for the good of the service, in lieu of
trial by court-martial, under the provisions of Army Regulation 635-200,
chapter 10.

8.  The appropriate authority (a major general) approved his request on
14 September 1973 and directed that he be furnished an Undesirable
Discharge Certificate.

9.  Accordingly, he was discharged under other than honorable conditions on
21 September 1973, under the provisions of Army Regulation 635-200, chapter
10, in lieu of trial by court-martial.  He had served 1 year, 7 months and
15 days of total active service and had 1655 days of lost time due to AWOL.


10.  However, at the time of his discharge, his DD Form 214 was prepared to
reflect in block 18b. that he had 3 months and 21 days of prior active
service for a total of active service amounting to 1 year and 11 months.
In block 18d., he was credited with 3 months and 21 days of prior inactive
service and in block 18e., he was credited with 2 years, 2 months and 21
days of service for pay purposes.

11.  The applicant applied to the Army Discharge Review Board (ADRB) for an
upgrade of his discharge on 20 August 1975 and on 26 March 1976, he was
granted a personal appearance before that board.  The ADRB granted his
request for an upgrade of his discharge to a general discharge on 26 April
1976.

DISCUSSION AND CONCLUSIONS:

1.  At the time the applicant enlisted in the USAR, he had no prior
service.  After serving 3 months and 21 days in the inactive Reserves, he
enlisted in the Regular Army.  Accordingly, he was improperly credited with
3 months and 21 days of prior active service in block 18b., which was
further credited in block 18c.

2.  The applicant served 1 year, 7 months and 15 days of active service
(block 18a.) and had no prior active service (block 18b), therefore block
18c of his DD Form 214 should reflect 1 year, 7 months and 15 days of total
active service.

3.  The applicant did serve 3 months and 21 days of inactive service (block
18d) therefore, he should be credited in block 18e with 1 year, 11 months
and 12 days of total service for pay instead of 2 years, 2 months and 21
days as currently reflected.

BOARD VOTE:

____WP_  ___CK __  ___RB __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing in block 18b of his DD Form
214 that he had no prior active service (00 00 00), in block 18c that he
had 1 year, 7 months and 15 days of total active service, and in block 18e
that he had 1 year, 11 months and 12 days of service for pay.





                            ______William Powers_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008541                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060411                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19730921                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 10                       |
|DISCHARGE REASON        |GOOD OF THE SERVICE                     |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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