RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 November 2006
      DOCKET NUMBER:  AR20060003766


      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. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 general discharge be upgraded.

2.  The applicant states, in effect, that his record of nonjudicial
punishments show only minor and isolated offenses.  He adds that his
ability to serve was impaired due to personal, financial, medical, physical
and psychiatric problems.  He was immature and deprived.  He states that he
was influenced by an organized group who were against the War and as a
result he made the wrong decisions.  Also, he states that he was home sick,
his mother was ill, his step-father was an alcoholic, and he thought by
being home he could help the situation

3.  The applicant provides a copy of his D Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); and

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 7 April 1972, the date of his discharge from active duty.  The
application submitted in this case is dated 8 February 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 that he entered active duty on 30 December
1970.  He completed basic combat training and advanced individual training,
and was awarded the military occupational specialty 94B10 (Cook).

4.  His records show that he served with Company L Quartermaster School
Brigade, Fort Lee, Virginia during the period 9 August 1971 to 6 April
1972.

5.  Item 44 (Time Lost) of the applicant's DA Form 20 (Enlisted
Qualification Record) shows that the applicant was absent without leave
(AWOL) during the period 9 October 1971 to 15 October 1971 and 3 March 1972
to6 March 1972.

6.  His record does not contain the applicant's separation packet.

7.  DA Form 3082-R (Statement of Medical Condition), dated 28 March  
1972, shows that the applicant had a separation medical examination prior
to his discharge, and that he had no change in his medical condition.

8.  On 30 December 1972, the applicant was issued a General Discharge
Certificate in the pay grade E-1 for failure to demonstrate adequate
potential for promotion advancement.  He had completed 1 year, 2 months,
and 28 days of active service during this enlistment.  He had 11 days time
lost.

9.  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.

10.  Army Regulation 635-200 (Personnel Separations), in effect at that
time, sets forth the basic authority for the separation of enlisted
personnel.  Paragraph  
5-37 stated, in pertinent part, that personnel whose performance of duty,
acceptability for the Service, and potential for continued effective
service which fall below the standards required for enlisted personnel in
the U.S. Army may be discharged.  The philosophy of this policy is that
commanders would be able to anticipate and preclude the development of
conditions which clearly indicated that the Soldiers concerned were
becoming problems to an extent likely to lead to board or punitive action
which could result in their separation under conditions which would
stigmatize them in the future.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his general discharge be upgraded.

2.  Evidence shows the applicant was AWOL during the period 9 October 1971
to 15 October 1971 and 3 March 1972 to 6 March 1972.  As such, a general
discharge was equitable and proper.

3.  While the applicant has stated that his ability to serve was impaired
by conditions such as personal, financial, medical, psychiatric, and
maturity problems, and that he was deprived and had problems at home, these
do not justify or excuse his AWOL.

4.  The applicant's discharge was accomplished in compliance with
applicable regulations and there is no indication of procedural errors or
injustice that would tend to jeopardize his rights.  The evidence provides
sufficient basis for a general discharge.  The applicant's records show
that his service was not satisfactory; therefore, he is not entitled to an
honorable discharge.

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

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 April 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 April 1975.  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___  ___tap__  ___lmd__  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.




                                  _________Thomas A. Pagan_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003766                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061121                                |
|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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