RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 July 2006
      DOCKET NUMBER:  AR20050016419


      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. Eric Andersen                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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 he was supposed to receive a general discharge
after completing two years of alternate service; however, he could not
finish the last few months due to mental illness.  He also states that he
went absent without leave (AWOL) due to the physical abuse he witnessed
against another Soldier by the platoon sergeant and a lieutenant in basic
training.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 27 September 1974.  The application submitted in this case is
dated
4 November 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 was inducted on 4 April 1968.  He successfully completed
basic combat training and advanced individual training in military
occupational specialty (MOS) 11B (light weapons infantryman).

4.  The applicant went AWOL on 31 August 1968.  He was apprehended by the
civil authorities and returned to military control on 17 September 1974.

5.  On 27 September 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 his wife was seven months pregnant and she
could not support herself.

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

7.  On 27 September 1974, the applicant executed a Reaffirmation of
Allegiance and Pledge to Complete Alternate Service and pledged to complete
a period of 24 months service.

8.  The applicant was discharged with an undesirable discharge on
27 September 1974 for the good of the service under the provisions of
Presidential Proclamation Number 4313.  He had served 5 months and 1 day of
creditable active service with 2230 days of lost time due to AWOL and
confinement.

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

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.  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.

12.  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 evidence of record does not support the applicant’s contention that
he was supposed to receive a general discharge after completing two years
of alternate service.  PP 4313 states that if a member completed the
alternate service satisfactorily, he 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.

2.  The applicant's brief record of service included 2208 days of lost
time.  Although there is no evidence of record which shows the applicant
completed his required period of alternate service, by his own admission he
stated he did not complete his required period of alternate service.  As a
result, 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 27 September 1974; therefore, the time for the
applicant to file a request for correction of any injustice expired on 26
September 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

EA_____  _MF____  _DP_____  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.




                                  ____Eric Andersen___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016419                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19740927                                |
|DISCHARGE AUTHORITY     |Presidential Proclamation Number 4313   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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