RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            12 December 2006
      DOCKET NUMBER:   AR20060006633


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Mr. Frank Jones                   |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 undesirable discharge be upgraded to a
more favorable discharge.

2.  The applicant states, in effect, that his going absent without leave
(AWOL) was due to his immaturity and lack of proper guidance.  He also was
exposed to drugs while at Fort Ord, California and it has since destroyed
his life.  He goes on to state that he is now in recovery and has attended
several programs and has been clean for 2 years.  He also states that he
suffered from severe mental stress and culture shock, without knowing how
to seek help.  He now seeks the help of the Board for himself and his
family.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 23 November 1976.  The application submitted in this case is
dated 2 May 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 in the United States Army Reserve (USAR) on 3
March 1973 for a period of 6 years and assignment to a USAR unit at Fort
McArthur, California.  He was ordered to active duty for training (ADT) on
13 July 1973 and was transferred to Fort Polk, Louisiana, to undergo his
basic combat training (BCT).

4.  On 6 August 1973, nonjudicial punishment (NJP) was imposed against him
for sleeping on guard duty.  His punishment consisted of a forfeiture of
pay, extra duty and restriction.

5.  He completed his BCT and was transferred to Fort Knox, Kentucky, to
undergo his advanced individual training (AIT) as a general supply
specialist.  He completed his AIT and was honorably released from ADT on 9
November 1973 and was returned to his USAR unit.

6.  On 21 April 1975, he was involuntarily ordered to active duty for
failure to participate in his USAR unit and was transferred to Fort Ord,
California.

7.  On 29 May 1975, NJP was imposed against him for being disrespectful in
language towards a superior noncommissioned officer.  His punishment
consisted of extra duty and restriction.

8.  On 21 August 1975, NJP was imposed against him for being AWOL from
4 August to 14 August 1975.  His punishment consisted of a forfeiture of
pay and extra duty.

9.  On 21 October 1975, NJP was imposed against him for sleeping on guard
duty.  His punishment consisted of a reduction to the pay grade of E-1 and
a forfeiture of pay.

10.  On 9 December 1975, NJP was imposed against him for the wrongful
possession of marijuana.  His punishment consisted of a forfeiture of pay,
extra duty and restriction.

11.  On 14 January 1976, NJP was imposed against him for being out of
uniform in an off-post civilian establishment, and for two specifications
of failure to go to his place of duty.  His punishment consisted of a
forfeiture of pay, extra duty and restriction.

12.  The applicant went AWOL on 2 March 1976 and remained absent until
22 March 1976.

13.  He again went AWOL on 20 April 1976 and remained absent in desertion
until he was apprehended by civil authorities on 24 September 1976 and was
returned to military control at Fort Ord, where charges were preferred
against him for both AWOL offenses.

14.  On 7 October 1976, NJP was imposed against him for failure to go to
his place of duty.  His punishment consisted of a forfeiture of pay.

15.  On 8 October 1976, after consulting with defense counsel, the
applicant submitted a request for discharge for the good of the service,
under the provisions of Army Regulation 635-200, chapter 10, in lieu of
trial by court-martial.  In his request he indicated that he understood the
charges that had been preferred against him, that he was making the request
of his own free will, without coercion from anyone and that he was aware of
the implications attached to his request.  He also admitted that he was
guilty of the charges against him or of lesser included offenses which
authorized the imposition of a bad conduct or dishonorable discharge.  He
acknowledged that he understood that he could receive a discharge under
other than honorable conditions and that he might be deprived of all
benefits as a result of such a discharge.  He further elected to submit a
statement in his own behalf whereas he stated that he had joined the Army
to further his education and improve his future and that he went AWOL
because he found no help with his problem.  He also stated that he had no
intentions of remaining in the Army and wanted out.  He further stated that
he understood he would lose all of his benefits, that he understood what an
undesirable discharge and that he wanted one.

16.  On 20 October 1976, the applicant underwent an evaluation to determine
if he was alcohol and/or drug dependent.  The examining official opined
that he was not dependent at the time.

17.  The appropriate authority (a brigadier general) approved his request
on 13 November 1976 and directed that he be furnished an Undesirable
Discharge Certificate.

18.  Accordingly, he was discharged under other than honorable conditions
on 23 November 1976, under the provisions of Army Regulation 635-200,
chapter 10, in lieu of trial by court-martial.  He had served 1 year, 4
months and 21 days of total active service and had 231 days of lost time
due to AWOL and excess leave.

19.  There is no evidence in the available records to show that he ever
applied to the Army Discharge Review Board for an upgrade of his discharge
within that board’s 15-year statute of limitations.

20.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of the 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 charges have been preferred, submit a request for discharge
for the good of the service in lieu of trial by court-martial.  A condition
of submitting such a request is that the individual concerned must admit
guilt to the charges against them or of a lesser included offense which
authorizes the imposition of a bad conduct or

dishonorable discharge and they must indicate that they have been briefed
and understand the consequences of such a request as well as the discharge
they might receive.  A discharge under other than honorable conditions is
normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.

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

3.  The applicant’s contentions have been noted by the Board; however, they
are not sufficiently mitigating to warrant relief when compared to his
overall undistinguished record of service and his repeated misconduct
during such a short period of service.  His service simply does not rise to
the level of a discharge under honorable conditions.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 November 1976; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 22 November 1979.  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

___RA __  __FJ____  ___QS __  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.




                                  ______ Allen Raub_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006633                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |(UD)                                    |
|DATE OF DISCHARGE       |1976/11/23                              |
|DISCHARGE AUTHORITY     |AR635-200/ch10 . . . . .                |
|DISCHARGE REASON        |Gd of svc                               |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |Ar 15-185                               |
|ISSUES                  |689/a70.00                              |
|1.144.7000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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