RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 March 2007
      DOCKET NUMBER:  AR20060012721


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Roland S. Venable             |     |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 honorable conditions
(general) be upgraded to an honorable discharge.

2.  The applicant states that during his tour of duty in Germany he was
subjected to racism and unfair treatment by noncommissioned officers and
commissioned officers.  He states that he chose to take an early out that
was offered to him to end the injustice.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 June 1972.  The application submitted in this case is
dated 6 August 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 20 February 1970, he enlisted in the Army in Oklahoma City,
Oklahoma, for 3 years, in the pay grade of E-1.  Upon completion of his
basic combat training, he was transferred to Fort Bliss, Texas.  He was
promoted to the pay grade of E-2 on 24 April 1970.

4.  The applicant was convicted by a special court-martial on 25 August
1970, of being absent without leave (AWOL) from 5 July until 3 August 1970.
 He was sentenced to confinement at hard labor for 60 days and a forfeiture
of pay in the amount of $45.00 per month for 3 months.

5.  The applicant was promoted to the pay grade of E-3.  However, the
records are unclear as to the date of his promotion.

6.  The available records show that the applicant was in Germany when
nonjudicial punishment (NJP) was imposed against him on 12 January 1971,
for being absent from his place of duty (mandatory formation).  His
punishment consisted of a forfeiture of pay in the amount of $10.00,
restriction for 14 days and extra duty for 14 days.

7.  The applicant was promoted to the pay grade of E-4.  However, the
records are unclear as to the date of his promotion.

8.  On 30 April 1971, NJP was imposed against the applicant for two
specifications of willfully disobeying a lawful order.  His punishment
consisted of a reduction to the pay grade of E-3.

9.  On 28 October 1971, NJP was imposed against him for being absent from
his place of duty (motor pool guard duty).  His punishment consisted of a
reduction to the pay grade of E-2.

10.  The available records indicate that the applicant was counseled on at
least 10 separate occasions between 7 October 1971 and 27 March 1972
regarding his acts of indiscipline.

11.  The applicant was notified that he was being recommended for discharge
under the provisions of Army Regulation 635-200, chapter 4, for failure to
demonstrate adequate potential for promotion advancement after being
counseled by his commanding officer 18 March 1972.  The applicant was
informed that he was authorized an honorable discharge unless his character
of service clearly dictated that he be furnished a general discharge.  He
was further informed that he would not be able to reenlist in the Army
without obtaining a waiver.

12.  The appropriate authority approved the recommendation for discharge on
27 March 1972 and he directed the issuance of a General Discharge
Certificate.  Accordingly, on 15 June 1972, the applicant was discharged
under the provisions of Army Regulation 635-200 as amended by Department of
the Army Message Day Time Group "242110Z SEP 71".  He had completed 2
years, 3 months, and 26 days of net active service and he was furnished a
General Discharge Certificate.

13.  A review of the available records fails to show that the applicant
ever applied to the Army Discharge Review Board for an upgrade of his
discharge within that board's 15-year statute of limitations.

14.  Army Regulation 635-200 provides 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.  Only the honorable characterization may be awarded a
soldier upon completion of his/her period of enlistment or period for which
called or ordered to active duty or active duty training or where required
under specific reasons for separation, unless an entry-level status
separation (uncharacterized) is warranted.

15.  Army Regulation 635-200 further 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 separation specifically allows such characterization.  It will
not be issued to Soldiers solely upon separation at expiration of their
period of enlistment, military service obligation, or period for which
called or ordered to active duty.

DISCUSSION AND CONCLUSIONS:

1.  It appears that 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.  The type of discharge directed and the reasons therefore also appear to
have been appropriate, considering all the facts of the case.

3.  The applicant's contentions have been noted.  However, there is no
evidence in the available records, nor has the applicant submitted any
evidence, that supports his contentions of racial discrimination or
prejudice on the part of the Army or its service members.

4.  The evidence of record clearly shows that the applicant had NJP imposed
against him on three occasions and he was counseled on at least 10 separate
occasions as a result of his acts of indiscipline.  Considering his overall
record of service and in accordance with the applicable regulation, the
applicant did not meet the criteria to be furnished a fully honorable
discharge and he was properly furnished a general discharge.

5.  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 this requirement.

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 June 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 14 June 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

___J____  __LDS___  __RSV__  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.




                                  _____Linda D. Simmons______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060012721                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070322                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19720615                                |
|DISCHARGE AUTHORITY     |AR 600-200                              |
|DISCHARGE REASON        |CHAPTER 4                               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  360  |144.0000/ADMINISTRATIVE DISCHARGE       |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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