RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060001700


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Mr. Linda Barker                  |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 changed to a
general under honorable conditions discharge.

2.  The applicant states he was told his discharge would be changed to
general within 6 months.

3.  The applicant provides no additional documents in support of his
application.  He indicated on his application that he submitted medical
bills; however, these documents are not available.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 25 November 1969.  The application submitted in this case is
dated 20 December 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 into the Army on 5 June 1968.  He was
assigned to Fort Bragg, North Carolina for basic combat training.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was
absent without leave (AWOL) on 3 July 1968 through 17 November 1968.  This
period of AWOL is not recorded on his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).

5.  The applicant’s personnel records show he was arrested and charged by
civil authorities on 14 May 1969 in Elkton, Maryland for operating a motor
vehicle under the influence of alcohol, failure to stop and locate owner
after an accident, and operating a motor vehicle in a reckless manner.

6.  On 5 November 1969, charges were preferred against the applicant for
being AWOL from 19 August 1968 through 4 November 1969.

7.  His personnel records contain an Interview Sheet, dated 6 November
1969, which shows he received four Articles 15; however, the Records of
Proceedings under Article 15, Uniform Code of Military Justice are not
present in his records.

8.  The applicant consulted with legal counsel and voluntarily requested
discharge for the good of the service under the provisions of Army
Regulation 635-200, chapter 10.  In doing so, he admitted guilt to the
offense charged and acknowledged that he might encounter substantial
prejudice in civilian life and that he might be ineligible for many or all
Army benefits administered by the Veterans Affairs (VA) if an undesirable
discharge was issued.  The applicant did not submit statements in his own
behalf.

9.  On 25 November 1969, the separation authority approved the discharge
under the provisions of Army Regulation 635-200, chapter 10 with issuance
of an Undesirable Discharge Certificate.

10.  On 25 November 1969, the applicant was discharged from active duty on
temporary records under the provisions of Army Regulation 635-200, chapter
10 for the good of the service with an undesirable discharge.  He had
completed 3 months and 2 days of active military service with at least 444
days of lost time due to AWOL.

11.  There is no evidence of record which shows the applicant applied to
the Army Discharge Review Board within its 15-year statute of limitations.


12.  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.  A
discharge under other than honorable conditions is normally considered
appropriate.  However, at the time of the applicant's separation the
regulation provided for the issuance of an undesirable discharge.

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.

14.  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, or is
otherwise so meritorious that any other characterization would be clearly
inappropriate.

15.  The U.S. Army does not have, nor has it ever had, a policy to
automatically upgrade discharges.  Each case is decided on its own merits
when an applicant requests a change in discharge.  Changes may be warranted
if the Board determines that the characterization of service or the reason
for discharge or both were improper or inequitable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's voluntary request for separation under the provisions
of Army Regulation 635-200, chapter 10, for the good of the service, to
avoid trial by court-martial, was administratively correct and in
conformance with applicable regulations.  There is no indication that the
request was made under coercion or duress.

2.  The applicant's service record shows he was AWOL from 3 July 1968
through 17 November 1968, which is a period of 137 days.  However, this
period of AWOL is not recorded on his DD Form 214.  His record of service
shows he received four Articles 15 and he was arrested by civil authorities
for operating a motor vehicle under the influence of alcohol, failure to
stop and locate owner after an accident, and operating a motor vehicle in a
reckless manner.

3.  Additionally, the applicant’s service record shows he was charged for
being AWOL for 444 days.  As a result, his service record was not
satisfactory and did not meet the standards of acceptable conduct and
performance of duty for Army personnel for an upgrade to a general or
honorable discharge.

4.  Although the applicant contends that he was told that his discharge
would be upgraded to honorable after 6 months, there is no policy or
regulation within the Army which allows automatic upgrading of discharges.

5.  There is no evidence of record which indicates the actions taken in his
case were in error or unjust, there is no basis for granting the
applicant's request for an upgrade of his discharge.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 November 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 24 November 1972.  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

AR______  LB______  QS______  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.




                                  Allen Raub____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001700                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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