RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 May 2007
      DOCKET NUMBER:  AR20060015364


      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      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Ms. Rose M. Lys                   |     |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, reconsideration of his request for
an upgrade of his undesirable discharge (UD) to a general, under honorable
conditions discharge (GD) or honorable discharge (HD).

2.  The applicant states, in effect, he has tried very hard over the years
to get his discharge upgraded to a GD, which he thought he had done.  He
has also volunteered to serve and make up his time lost and more.  He
states he only recently filed for compensation based on the advice of
psychological and medical professionals at the Department of Veterans
Affairs (VA).  He claims he filled out forms and had a sergeant submit them
for him well within the 15-year statute of limitations for the Army
Discharge Review Board (ADRB), and was led to believe his discharge had
been upgraded.  He claims he just discovered the fact that his discharge
had not been upgraded in 2005, when he was made aware of this fact by VA
officials.  He claims he was shocked and immediately filled out the form
applying to this Board.  He states that he has been actively pursuing an
upgrade of his discharge since he left the service and has tried to comply
with the rules.

3.  The applicant provides a self-authored statement and documents related
to his attempts to upgrade his discharge and to enlist in the United States
Army Reserve (USAR).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20050011982, on 2 May 2006.

2.  During its review of the applicant's case, the Board concluded the
applicant's discharge processing was accomplished in accordance with the
applicable regulations and that his UD appeared to be commensurate with his
overall record of service.  As a result, the Board found his overall record
of undistinguished service did not support an upgrade of his discharge.

3.  The applicant provides a self-authored statement indicating that he has
been actively pursuing an upgrade of his discharge since he left military
service, and that he has attempted to enlist in the USAR.  The applicant
advances an argument which appears to be based on his belief that the
reason his discharge has not been upgraded was solely because he did not
timely file his application.

4.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 24 September 1963.  He was trained in, awarded, and
served in military occupational specialty (MOS) 11B (Infantryman), and the
highest rank he attained while serving on active duty was specialist four
(SP4).

5.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 8 July 1965 through 14 June
1966.  Item 41 (Awards and Decorations) shows that during his active duty
tenure, he earned the National Defense Service Medal, Vietnam Service
Medal, Combat Infantryman Badge, Parachutist Badge, and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.  His record documents no
additional acts of valor, significant achievement, or service warranting
special recognition.

6.  The applicant's disciplinary record shows he accepted non-judicial
punishment (NJP) under the provisions of Article 15 of the Uniform Code of
Military Justice (UCMJ) on 18 July 1964, for conduct unbecoming a Soldier
and on 4 June 1965, for failing to go to his appointed place of duty at the
prescribed time.  It also shows he had three separate Special Court-Martial
(SPCM) convictions between 20 June 1964 and 30 November 1966.

7.  On 14 August 1966, he departed absent without leave (AWOL) from his
unit at Fort Bragg, North Carolina, and he remained away until returning to
military control on 16 October 1966, at which time a court-martial charge
was preferred against him for this offense.

8.  On 10 January 1967, he was separated under the provisions of Army
Regulation 635-212, for unfitness due to his frequent involvement in
incidents of a discreditable nature with civilian and military authorities.
 The separation document (DD Form 214) he was issued shows he received an
UD after completing a total of 2 years, 7 months, and 6 days of creditable
active military service and accruing 251 days of time lost due to AWOL and
confinement.

9.  On 18 March 1976, the applicant was notified that he had received a
Clemency Discharge pursuant to Presidential Proclamation (PP) Number (#)
4313 of 16 September 1974.

10.  PP # 4313 announced a clemency program designed to provide deserters
the opportunity to work their way back into American society.  It pertained
to all individuals who were carried administratively as deserters if their
last period of AWOL was between 4 August 1964 and 28 March 1973.  All
eligible enlisted deserters were offered the opportunity to request an UD
for the good of the
service if they agreed to perform alternate service under the supervision
of the Selective Service System.  Successful completion of alternate
service entitled a participant to receive a Clemency Discharge Certificate.


11.  Clemency Discharges issued pursuant to PP # 4313 did not impact the
underlying discharge a member received and did not entitle the individual
to any benefits administered by the VA.  The Army Discharge Review Board
adopted the policy that a Clemency Discharge would be considered by a board
in its deliberations but that the discharge per se did not automatically
require relief be granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he has been trying to upgrade his
discharge for years and that the primary reason it is being denied is his
failure to timely file was carefully considered.  However, there is
insufficient evidence to support this claim.

2.  The evidence of record clearly shows that the applicant's request for
an upgrade of his discharge was considered by this Board on its merits
during its
2 May 2006 review of the applicant's case.  Only after the Board determined
the applicant's overall record of service was not sufficiently meritorious
to support an upgrade of his discharge, did it rely on the statute of
limitations as an additional reason for denial of the applicant's request.


3.  This review was based solely on the merits of the applicant's case and
the statute of limitations was not considered during this process.  The
evidence of record reveals the applicant had an extensive disciplinary
record that included two Article 15's and 3 SPCM convictions.  Therefore,
his record did not support the issue of a GD or HD at the time, and does
not support an upgrade of the discharge at this time.

4.  Further, absent evidence to the contrary, it is presumed the
applicant's separation processing was accomplished in accordance with the
applicable regulation.  All requirements of law and regulation appear to
have been met, and his rights were fully protected throughout the
separation process.

5.  The fact that the applicant received a Clemency Discharge, while
notable, did not impact the underlying discharge the applicant received,
nor did it entitle him to benefits administered by the VA.


6.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RTD   _  __MJF __  __RML__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of
the ABCMR set forth in Docket Number AR20050011982, dated 2 May 2006.




                                  ____Richard T. Dunbar_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015364                           |
|SUFFIX                  |                                        |
|RECON                   |AR20050011982  2006/05/02               |
|DATE BOARDED            |2007/05/03                              |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |1967/01/10                              |
|DISCHARGE AUTHORITY     |AR 635-212                              |
|DISCHARGE REASON        |Unfitness                               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1. 189   |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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