RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060005144


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Larry W. Racster              |     |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, an upgrade of his Undesirable
Discharge (UD).

2.  The applicant states, in effect, that he overstayed his authorized
leave until he was absent without leave (AWOL).  He turned himself in after
45 days.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), a DD Form 293 (Application
for the Review of Discharge from the Armed Forces of the United States),
and another copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 October 1972.  The application submitted in this case
is dated
22 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.  On 2 September 1969, the applicant enlisted in the Regular Army for a
period of 3 years.  He completed Basic Combat Training (BCT) and Advanced
Individual Training (AIT).  Upon graduation, he was awarded military
occupational specialty (MOS) 76V2O, Equipment Storage Specialist.

4.  On 8 December 1971, the applicant accepted nonjudicial punishment (NJP)
under the provisions of Article 15, Uniform Code of Military Justice, for
being absent without leave (AWOL) from 21 September 1971 until 5 November
1971.  Punishment included forfeiture of $70.00 per month for 1 month
(suspended for 90 days) and restriction for 45 days.  On 1 March 1972, the
forfeiture was vacated.

5.  On 31 March 1972, the applicant accepted NJP for being AWOL from
24 March 1972 until 27 March 1972 and for being absent from duty from
27 March 1972 until 28 March 1972.  Punishment included reduction to pay
grade E-1, forfeiture of $67.00 for 1 month, and restriction and extra duty
for
14 days.

6.  On 14 April 1972, the applicant accepted NJP for breaking restriction
on 10 March 1972 and for being absent from extra duty on 10 March 1972.
Punishment included restriction and extra duty for a period 14 days.

7.  On 4 May 1972, the applicant accepted NJP for destroying government
property of a value of about $12.00 on 28 April 1972, for being
disrespectful to an officer on 28 April 1972, and for breaking restriction
on 30 April 1972.  Punishment included forfeiture of $140.00 per month for
2 months and restriction and extra duty for a period 45 days.

8.  On 15 May 1972, the applicant accepted NJP for being AWOL from 8-10 May
1972.  Punishment included forfeiture of $50.00 for 1 month.

9.  On 9 June 1972, the applicant accepted NJP for being absent from duty
on 29 May 1972.  Punishment included forfeiture of $50.00 for 1 month,
suspended for 1 month.

10.  The applicant's commander indicated the applicant had another NJP on
or about 18 February 1972.  A copy of this NJP is not in the applicant's
record.

11.  The applicant's original discharge proceedings packet was loaned to
the Department of Veterans Affairs Regional Office, Honolulu, Hawaii on 24
April 1973.  However, it appears most of the carbon copies of the packet
remain in his Official Military Personnel File (OMPF).

12.  On 12 September 1972, the applicant requested appearance before a
board of officers after consulting with counsel.  He declined to submit a
statement in his own behalf.

13.  On 20 September 1972, the applicant received a Mental Status
Evaluation.  It is noted, however, his separation physical was previously
conducted on 7 September 1972.

14.  On 20 September 1972, the applicant's commander recommended he be
required to appear before a board of officers to determine whether he
should be discharged for unfitness under the provisions of Army Regulation
635-212.  Reason for the recommendation was frequent incidents of
discreditable nature with military authority.

15.  On 20 September 1972, the applicant was notified by his commander that
he was being recommended for elimination for unfitness under the provisions
of Army Regulation 635-212.

16.  On 29 September 1972, the applicant was notified by his commander that
he was to appear before a board of officers on 16 October 1972.  The
results of that board are unavailable.

17.  On 30 October 1972, the General Court-Martial Convening Authority
approved the applicant's separation for unfitness and directed issuance of
an Undesirable Discharge Certificate.

18.  On 22 October 1972, the applicant was discharged with an UD.  He had
3 years of active Federal creditable service.  Additionally, he had 51 days
of lost time.

19.  Army Regulation 635-212 (Personnel Separations), in effect at the
time, set forth the basic authority for the separation of enlisted
personnel.  Paragraph 6a(1) of the regulation provided, in pertinent part,
that members involved in frequent incidents of a discreditable nature with
civil or military authorities were subject to separation for unfitness.  An
UD was normally considered appropriate.

20.  There is no evidence the applicant applied to the Army Discharge
Review Board (ADRB) within that Board's 15-year statute of limitations.  It
is noted that only now has he submitted an ADRB application (DD Form 293)
dated 22 March 2006 as an enclosure to his application to this Board.
Regrettably, he no longer has an option of applying to the ADRB.

DISCUSSION AND CONCLUSIONS:

1.  The original discharge packet proceedings are not available to the
Board.  It is unknown whether or not the applicant actually had a board of
officers hearing or whether he later waived the board.  Therefore this
Board presumes

administrative regularity in the processing of the applicant's discharge.
There is no evidence in the available records or none submitted by the
applicant to overcome that presumption.

2.  The applicant implies his discharge was a result of his AWOL.  This is
only partially correct.  His acts of indiscipline which resulted in
numerous nonjudicial punishments were the basis for his discharge.

3.  The applicant implies his age contributed to his acts of indiscipline.
However, there is no evidence that he was less mature than other 19 year
old Soldiers who continued to serve honorably.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 October 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
21 October 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

__rtd___  __ded___  __lwr___  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.



                                        Richard T. Dunbar
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005144                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |(UD)                                    |
|DATE OF DISCHARGE       |19721022                                |
|DISCHARGE AUTHORITY     |AR 635-212                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.5000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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