RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 DECEMBER 2006
      DOCKET NUMBER:  AR20060004374


      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. Gale J. Thomas                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 records be corrected by upgrading his
discharge to honorable.

2.  The applicant states that he was drafted in July 1972, and was
discharged in 1974 under honorable conditions.  He was trained for Vietnam
but was never sent because the war was ending.  He feels he served his
country with good conduct and asks that he be given an honorable discharge,
which is what he feels he deserves.

3.  He further states that he was married with a son, and was having
marital problems.  He went home to work things out with his wife, but
realizes he went about it all wrong.

4.  The applicant provides copies of his 6 June 1974 and 13 September 1983,
separation documents in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 September 1983.  The application submitted in this case is
dated 15 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 was initially inducted into the Army of the United States
on
20 July 1972, for a period of 2 years, and was honorably discharged on 6
June 1974, for immediate reenlistment.  On 7 June 1974, he enlisted in the
Regular Army for a period of 4 years.





4.  The applicant's DA Form 20 (Enlisted Qualification Record) indicates
his conduct and efficiency ratings while in basic and advanced individual
training were rated as excellent.

5.  His Enlisted Efficiency Report for the period January 1973 to March
1974 was rated at outstanding.

6.  On 22 March 1974, he accepted nonjudicial punishment under the
provisions of Article 15, Uniform Code of Military Justice, for disobeying
a lawful order to get a hair cut.  His punishment was 14 days of
restriction.

7.  Documents in the applicant's records show he was absent without leave
(AWOL) from 28 July 1974 to 29 July 1974 and from 30 July 1974 to 8 October
1974.

8.  The facts and circumstances concerning the applicant's discharge
proceedings are not in the available records.  However, his DD Form 214
(Certificate of Release or Discharge form Active Duty) indicates he was
discharged on 13 September 1983, under the provisions of Army Regulation
635-200, Chapter 14, for misconduct-desertion.  His DD Form 214 also shows
he had 1 year, 10 months and 17 days of active service, and 1,922 days of
lost time after the expiration of his term of service (ETS), and 1,401 days
of lost time before his ETS.

9.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
prescribes procedures for separating members for misconduct.  Specific
categories include minor disciplinary infractions, a pattern of misconduct,
commission of a serious offense, convictions by civil authorities,
desertion or absence without leave.  Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impracticable or is unlikely to succeed.

10.  Army Regulation 635-200 also states that an honorable discharge is a
separation with honor.  The honorable characterization is appropriate when
the quality of the soldier’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.







DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it is presumed that the
discharge proceedings were conducted in accordance with law and regulation
applicable at the time.

2.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

3.  The Board notes the applicant's good conduct and efficiency during his
initial training, and his service for the period January 1973 to March
1974, however, it does not negate his periods of AWOL and is insufficient
to warrant the relief requested.

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 13 September 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
12 September 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

___JS___  __LE____  ___MF  _  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 Slone_________
                                            CHAIRPERSON








                                    INDEX

|CASE ID                 |AR20060004374                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061214                                |
|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.                      |                                        |


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