RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060003498


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 under other than honorable discharge be
upgraded to an honorable discharge.

2.  The applicant states in his application, "my statement attached."
However, the statement was not received by the Board's staff.

3. The applicant does not provide any additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 April 1983, the date of his discharge from active
duty.  The application submitted in this case is dated 1 December 2005;
however, it was received on 10 March 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.  The applicant’s records show he enlisted in the Regular Army on 4 April
1979. He attended basic combat training and advanced individual training
and was awarded the military occupational specialty (MOS) 64C10 (Motor
Transport Operator).

4.  He served with the 493rd Supply and Service Company in Wurzburg,
Germany.  He was absent without leave (AWOL) during the period 22 June 1981
through 3 February 1983.

5.  On 4 February 1983, the applicant voluntarily surrendered to military
authorities at Fort Campbell, Kentucky.

6.  A DD Form 458 (Charge Sheet), dated 7 February 1983, shows he was
charged with being AWOL from on or about 28 June 1981 to on or about
4 February 1983.

7.  On 9 February 1983, 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 Uniform Code of
Military Justice (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.

8.  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 under other than honorable 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.  He also understood that he may expect to
encounter substantial prejudice in civilian life because of an under other
than honorable discharge.

9.  On 3 March 1983, the applicant's commander forwarded his recommendation
for separation of the applicant to the commander of the U.S. Army
Processing Control Facility, Center and School Brigade, Fort Knox, Kentucky
for approval.

10.  On 24 March 1983, the appropriate authority approved the applicant’s
request for discharge and directed that he receive a under other than
honorable discharge.  In conjunction with his discharge he received a
reduction in rank from Specialist/pay grade E-4 to Private/pay grade E-1.
He completed a total of  
2 years, 3 months, and 28 days of active military service and he accrued  
587 days of time lost.

11.  The applicant was issued a DD Form 214 that shows in item 12b
(separation date this period) his separation date as 830313.  In item 18
(Remarks) of the DD Form 214 it shows the applicant had 64 days excess
leave during the period 830209 to 830413 (creditable for all purposes
except for pay and allowances).  Headquarters U.S. Army Armor Center and
Fort Knox, Orders Number 69-26, dated 8 April 1983, shows that the
applicant's date of discharge, unless changed or rescinded, was 13 April
1983.

12.  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.

13.  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.

14.  Army Regulation 635-200, paragraph 3-7a, 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.

15.  Army Regulation 635-200, paragraph 3-7b, 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 requested that his under other than honorable discharge
be upgraded to an honorable discharge.

2.  The applicant's records show he was absent without leave for 587 days.

3.  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.  The length of the applicant's absence without leave
renders his service unsatisfactory.  Therefore, he is not entitled to an
honorable or general discharge.

4.  While the applicant’s date of discharge is in error, he did not request
this date be corrected.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.
6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 April 1983; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on  
12 April 1986.  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

____pbf__  ___rch__  ___jtm__  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.




                                  __________John T. Meixell_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003498                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061017                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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