RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060005693


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John P. Infante               |     |Chairperson          |
|     |Mr. Gerald J. Purcell             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 discharge under Army Regulation 635-
200, chapter 10 be upgraded.

2.  The applicant states, in effect, that the Army did not meet the terms
of his enlistment.

3.  The applicant provides copies of letters to and from the National
Personnel Records Center about his records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 18 December 1969.  The application submitted in this case is
dated 2 April 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 enlisted for 3 years on 23 January 1969 with no specific
guarantees.

4.  The applicant received nonjudicial punishment under the provisions of
Article 15, Uniform Code of Military Justice (UCMJ) for absence without
leave (AWOL) on 5 and 6 April 1969.

5.  He was then AWOL from 24 May until 9 June 1969 and from 1 July to
3 October 1969.  When charges were preferred under the UCMJ for those
offenses the applicant consulted with counsel and voluntarily requested
discharge for the good of the service in lieu of trial by court martial.



6.  He stated that he had not been coerced in any manner and indicated he
knew he would receive an undesirable discharge.  He also acknowledged that
such a discharge would deprive him of many or all veteran benefits under
Federal and
state laws and that he could expect to encounter substantial prejudice
because of the undesirable discharge.   He did not submit any statement in
his own behalf.

7.  The separation authority approved the applicant’s request and directed
that an undesirable discharge be issued.  On 18 December 1969 the applicant
was separated under the provisions of Army Regulation 635-200, chapter 10.
He had 7 months and 6 days of creditable service and 113 days lost time.

8.  Army Regulation 635-200 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 trial by court-martial.  A
discharge under other than honorable conditions is normally considered
appropriate.  However, at the time of the applicant's separation the
regulation provided for the issuance of an undesirable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's voluntary request for separation under the provisions
of Army Regulation 635-200, chapter 10, for the good of the service, to
avoid trial by court-martial, was administratively correct and in
conformance with applicable regulations.  There is no indication that the
request was made under coercion or duress.

2.   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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 December 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 17 December 1972.  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

__JPI____  __KSJ__  __GJP___  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 P. Infante________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005693                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19691218                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 10. . . . .         |
|DISCHARGE REASON        |GOS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |A70.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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