RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 April 2007
      DOCKET NUMBER:  AR20060013877


      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. Kenneth Wright                |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |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, in effect, that his undesirable discharge, be
upgraded to an honorable discharge.

2.  The applicant states that he was a good Soldier while he was in the
Army and he served his country well for almost 4 years until something
happened to him during his last year of service.  He states that he became
very depressed, distraught, and withdrawn.  He states that he got to the
point where he just did not care anymore about life.  He states that he now
knows that he should have sought physical and mental help from the
military; however, he did not and that is what made him get out of the Army
with an undesirable discharge.  He states that he has been declared 100
percent disabled and he hopes that this Board will upgrade his discharge to
honorable so he can get the full benefits that he needs and deserves.

3.  The applicant provides in support of his application, a letter from his
brother and a letter from one of his associates attesting to his good
character; attesting to the change that was seen in his personality while
he was in the Army; and requesting that his discharge be upgraded.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 September 1975.  The application submitted in this
case is dated 26 September 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 27 August 1971, he enlisted in the Army in Montgomery, Alabama, for
2 years, in the pay grade of E-1.  He successfully completed his training
as a recovery specialist.



4.  The applicant was promoted to the pay grade of E-2 on 29 October 1971.
On 16 December 1971, he was transferred to Germany.  He was subsequently
promoted to the pay grade of E-3 on 1 February 1972 and he was promoted to
the pay grade of E-4 on 1 August 1972.

5.  On 19 August 1973, the applicant returned to the Continental United
States and he was honorably released from active duty on 20 August 1973,
under the provisions of Army Regulation 635-200, chapter 5, based on early
separation of an overseas returnee.  He was transferred to the United
States Army Reserve Control Group (Annual Training) to complete his Reserve
obligation.  He had completed 1 year, 11 months, and 24 days of total
active service.

6.  The applicant reenlisted in the Regular Army for 6 years on 12 October
1973, in the pay grade of E-4 and he was assigned to Fort Benning, Georgia.

7.  Nonjudicial punishment (NJP) was imposed against the applicant on 2 May
1974, for being absent without leave (AWOL) from 17 February until 11 April
1974.  His punishment consisted of a reduction to the pay grade of E-1
(reduction below the pay grade of E-3 was suspended for 60 days), a
forfeiture of pay in the amount of $163.00 per month for 2 months ($63.00
per month was suspended for 60 days), and extra duty for 21 days.

8.  On 8 August 1974, NJP was imposed against the applicant for being AWOL
from 16 July until 31 July 1974.  His punishment consisted of correctional
custody for 30 days (suspended for 6 months), a reduction to the pay grade
of
E-2 and a forfeiture of pay in the amount of $100.00 per month for 2
months.

9.  On 17 April 1975, NJP was again imposed against the applicant for being
AWOL from 19 March until 28 March 1975.  His punishment consisted of
correctional custody for 30 days, a reduction to the pay grade of E-1, and
a forfeiture of pay in the amount of $150.00 per month for 2 months.

10.  The applicant went AWOL again on 30 April 1975 and he remained absent
in desertion until he was apprehended by civil authorities and returned to
military control on 14 July 1975.

11.  On 17 July 1975, the applicant was notified that charges were pending
against him for being AWOL.  He acknowledged receipt of the notification
and after consulting with counsel, he 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.  Along with his request for
discharge, he submitted a statement in his own behalf requesting that he be
furnished a General Discharge Certificate.  In his statement the applicant
indicated that his problems started when his father became ill with cancer
and he was responsible for six younger brothers and sisters at home.  He
stated that his mother worked in a restaurant to help support the family so
she was not able to care for his father the way it was needed.  He stated
that he took it upon himself to go home and that as far as the Army was
concerned, he was sorry but he was needed by his family.  He stated that
his father died from cancer in June and that he was so grief stricken he
was unable to return to military control.  He concluded by stating that his
father left behind 161 acres of farm land which he needed to help get
settled because he was the oldest son.

12.  The appropriate authority approved the request for discharge on
26 August 1975 and directed the issuance of an Undesirable Discharge
Certificate.  Accordingly, the applicant was discharged on 11 September
1975, 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 3
years, 5 months, and 14 days of total active service and he had
approximately 160 days of lost time due to AWOL and confinement.  He was
furnished an Undesirable Discharge Certificate.

13.  A review of the available records fails to show that the applicant
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 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 along with the letters that
he submitted in support of his application.  However, they are
insufficiently mitigating to warrant the requested relief.  The evidence of
record shows that he had approximately 160 days of lost time due to AWOL
and confinement and considering his numerous acts of indiscipline, it does
not appear that his undesirable discharge to unjust or to harsh.  The
applicant's undesirable discharge appropriately reflects of overall record
of service.

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 11 September 1975; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 September 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

___KW __  __LD   __  ___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.




                                  _____ Kenneth Wright________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013877                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070410                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19750911                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |CHAPTER 10                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  689  |144.7000/FOR THE GOOD OF THE SERVICE    |
|2.  708                 |144.7100/CNDCT TRIABLE BY CM - AWOL     |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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