RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 OCTOBER 2006
      DOCKET NUMBER:  AR20060002159


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. David Gallagher               |     |Member               |
|     |Mr. Roland Venable                |     |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 time in the stockade be
counted in his overall military service time.

2.  The applicant states his time in the stockade was not added to his
overall military time.  He states it was at least 8 or 9 additional months
out of his life.  In separate correspondence he notes he was confined two
separated times at Fort Riley, Kansas.

3.  The applicant also notes that he had a hearing problem before he came
into the military and should never have been in the Army.  He also suggests
that he was never paid.

4.  The applicant provides no additional evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 June 1971.  The application submitted in this case is
dated
24 January 2006.

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.  Records available to the Board indicate the applicant was inducted and
entered active duty on 19 May 1969.  His induction physical examination
does note a slight hearing problem, but did not result in a permanent
physical profile and did not preclude his being found medically qualified
for induction.

4.  Approximately 14 days later, on 3 June 1969, the applicant departed
AWOL (absent without leave) and was subsequently dropped from the rolls of
the Army.

5.  The applicant returned to military control on 1 October 1969 and was
apparently placed in confinement at Fort Riley, Kansas.  On 28 December
1969 he again departed AWOL, was dropped from the rolls, and returned to
military control on 13 April 1971.

6.  Upon his return to military control following his second period of AWOL
he was again placed in confinement at Fort Riley, Kansas.  On 15 June 1971
the applicant was discharged under other than honorable condition in lieu
of being tried by court-martial.

7.  The applicant's separation document shows 5 months and 27 days of
creditable service which would have included his initial 14 days of service
between the date of his induction and his first period of AWOL, his
approximately 2 months in confinement at Fort Riley between 1 October 1969
and
27 December 1969 and his second period of confinement following his return
to military service in April 1971 and his discharge on 15 June 1971.  He
had more than 500 days of lost time.

8.  There were no pay records available to the Board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's separation document does show creditable service for
the applicant's two periods of confinement while at Fort Riley.

2.  While the applicant may have had a hearing problem at the time of his
induction it was not severe enough to warrant a permanent profile, nor did
it preclude his being found medically qualified for induction.

3.  There were no pay records available to the Board and in the absence of
evidence to the contrary it is presumed the applicant was paid
appropriately for the limited amount of service with which he was credited.

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

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 June 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
14 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

___PM __  __DG ___  ___RV __  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.




                                  _____Patrick McGann________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002159                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061011                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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