RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 November 2006
      DOCKET NUMBER:  AR20060006944


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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
honorable.

2.  The applicant states that at the time of his discharge he was going
through a difficult period of his life.  He contends that his father, now
deceased, was terminally ill and that he was left with the added
responsibility of taking care of his sisters and sick mother.  He states
that he made several requests of his chain of command to release him so he
could return home and take care of his family; however, his requests were
denied.  He also states that he was an immature young man and his love and
sense of responsibility for his family caused him to go absent without
leave (AWOL).  He further states that he made a mistake and deeply regrets
his actions in 1972.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 13 July 1972.  The application submitted in this case is dated
9 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 was born on 27 June 1949.  He was inducted on 24 March
1970.  He was awarded military occupational specialty 64B (truck driver).

4.  The applicant went AWOL on 17 April 1971 and returned to military
control on 19 July 1971.  He went AWOL on 19 July 1971 and returned to
military control on 20 October 1971.  He went AWOL again on 21 October 1971
and returned to military control on 27 June 1972.  On 27 June 1972, charges
were preferred against the applicant for the AWOL periods.

5.  On 28 June 1972, after consulting with counsel, the applicant submitted
a request for discharge for the good of the service under the provisions of
Army Regulation 635-200, chapter 10.  He indicated in his request that he
understood that he could be discharged under other than honorable
conditions and furnished an Undesirable Discharge Certificate, that he
might be deprived of many or all Army benefits, that he might be ineligible
for many or all benefits administered by the Veterans Administration and
that he might be deprived of his rights and benefits as a veteran under
both Federal and State law.  He also acknowledged that he might encounter
substantial prejudice in civilian life because of an undesirable discharge.
 He elected to submit a statement in his own behalf.  In summary, he stated
that he could not make enough money to support his family and his father’s
family, that when he went AWOL his father was undergoing several operations
on his hip, and that after his father’s operations he was totally disabled
and could not work.  He stated that his mother had heart problems and could
not work, that his wife was pregnant and going through a rough pregnancy,
that he had three sisters, and that his father had a kidney removed.  He
further stated that he would appreciate the chapter 10 discharge so he
would be able to continue helping his father as much as possible.  The
applicant provided medical documentation of his father’s medical
conditions.

6.  On 13 June 1972, the separation authority approved the applicant’s
request for discharge and directed that he be furnished an undesirable
discharge.

7.  Accordingly, the applicant was discharged with an undesirable discharge
on
13 July 1972 under the provisions of Army Regulation 635-200, chapter 10,
for the good of the service.  He had served 11 months and 10 days of total
active service with 498 days of lost time due to AWOL.

8.  There is no evidence in the available records which shows the applicant
requested a hardship discharge prior to his discharge.

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 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.  At the time, an undesirable
discharge was normally considered appropriate.

11.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality of the member’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel (emphasis
added), or is otherwise so meritorious that any other characterization
would be clearly inappropriate.  Whenever there is doubt, it is to be
resolved in favor of the individual.

12.  Army Regulation 635-200, paragraph 3-7b, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the Soldier’s separation specifically allows such
characterization.

DISCUSSION AND CONCLUSIONS:

1.  Age is not a sufficiently mitigating factor.  The applicant was almost
21 years old when he was inducted.

2.  Family problems are not normally grounds for upgrading a discharge.
There is no evidence of record to show the applicant sought assistance from
his chain of command or chaplain on a way to resolve his problems within
established Army procedures prior to going AWOL.

3.  The applicant’s voluntary request for separation under the provisions
of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial,
was administratively correct and in conformance with applicable
regulations.

4.  The type of discharge directed and the reasons for separation were
appropriate considering all the facts of the case.

5.  Since the applicant’s record of service included 498 days of lost time,
his record of service was not satisfactory and did not meet the standards
of acceptable conduct and performance of duty for Army personnel.
Therefore, the applicant's record of service is insufficiently meritorious
to warrant a general or honorable discharge.

6.  Records show the applicant should have discovered the alleged injustice
now under consideration on 13 July 1972; therefore, the time for the
applicant to file a request for correction of any error expired on 12 July
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

MP____  __RR____  _EF_____  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.



                                  __Margaret Patterson
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006944                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061109                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19720713                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 10                   |
|DISCHARGE REASON        |For the good of the service             |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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