RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060012722


      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:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Roland 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 undesirable discharge be upgraded to an
honorable or a general discharge.

2.  The applicant states that he had to leave the military because his
wife's brother passed away, which caused family problems.  He states that
he had problems coping and the commanding officer did not seem to care
about his difficulties.

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 16 July 1975.  The application submitted in this case is
dated 27 July 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 31 July 1973, the applicant enlisted in the Army in Omaha, Nebraska,
for 3 years, in the pay grade of E-1.  He successfully completed his
training as a power generator equipment mechanic and he was promoted to the
pay grade of E-2 on 31 November 1973.

4.  Nonjudicial punishment (NJP) was imposed against the applicant on 9
July 1974, for failure to go to his appointed place of duty on 25 May 1974,
and for being absent without leave (AWOL) from 3 June until 10 June 1974.
His punishment consisted of a verbal reprimand and admonishment, a
forfeiture of pay in the amount of $60.00 (suspended until 27 September
1974), and extra duty for 14 days.



5.  On 16 September 1974, NJP was imposed the applicant for being AWOL from
20 August until 27 August 1974, and for breaking restriction on 4 September
1974.  His punishment consisted of a reduction to the pay grade of E-1, a
forfeiture of pay in the amount of $50.00, and extra duty for 14 days.

6.  On 12 March 1975, the applicant was notified that court-martial charges
were pending against him for being AWOL from 12 November until 14 November
1974, from 4 December until 10 December 1974, and from 17 December 1974
until 9 March 1975.  He acknowledged receipt of the notification, and after
consulting with counsel, the applicant submitted a request for discharge
under the provisions of Army Regulation 635-200, chapter 10, for the good
of the service in lieu of trial by court-martial.

7.  At the time the applicant submitted his request for discharge, he
submitted a statement in his own behalf in which he indicated that he
enlisted in the service because he had a wife who was pregnant and one
child.  He stated that he wanted to get an education to better support his
family and that he wanted out of the Army for several reasons.  He stated
that his wife never did like the service, and that he got flagged from
promotion in May 1974 prior to having any NJPs.  He stated that he did not
know why he was flagged and that he tried to get leave and his commanding
officer refused.  He stated that he had to take his wife home because she
was in a state of shock and he had two children that were his
responsibility.  He stated that after he had NJP imposed against him, his
commanding officer would not leave him alone.  He stated that he wanted out
of the Army because he did not believe that the system was right and
because he was not making enough money to support his family.  He stated
that he loved his family and if he were forced to stay in the Army he would
do anything he could possibly do to get out.  He concluded by stating that
he understood that he could lose all of his benefits and he requested that
he be furnished a general discharge.

8.  The appropriate authority approved the request for discharge on 12 June
1975, and he directed the issuance of an Undesirable Discharge Certificate.

9.  Accordingly, on 16 July 1975, the applicant was discharged under the
provisions of Army Regulation 635-200, chapter 10, for the good of the
service in lieu of trial by court-martial.  He had completed 1 year, 8
month, and 2 days of net active service and he was furnished an Undesirable
Discharge Certificate.

10.  A review of the available records fail 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.
11.  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 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 were
appropriate considering all the facts of the case

3.  The applicant's contentions have been noted.  However, they are
unsupported by the evidence of record.  The available evidence of record
clearly shows that the applicant wanted to be discharged from the Army as
he believed that he was not making enough money to support his family and
because he believed that he was wrongly passed over for promotion.  He had
no desire to remain in the Army; therefore, he continuously went AWOL.  At
the time that he submitted his request for discharge he submitted a
statement indicating that he would do anything to get out.  Considering the
applicant's acts of indiscipline, it does not appear that his undesirable
discharge is too harsh.

4.  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.

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

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 July 1975; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 15 July 1978.  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

___JA___  __SF  ___  ____RV _  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.




                                  ____James Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012722                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070306                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19750716                                |
|DISCHARGE AUTHORITY     |AR 635-200, CHAPTER 10                  |
|DISCHARGE REASON        |FOR THE GOOD OF THE SERVICE             |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/DISCHARGE DOCUMENT             |
|2.  689                 |144.7000/REQ DISCHARGE FGTS             |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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