RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2007
      DOCKET NUMBER:  AR20070006061


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 a
general discharge under honorable conditions.

2.  The applicant states that he was born in Mexico and came to the United
States to better himself.  He met his wife at a young age.  They had four
young children.  He got his citizenship papers, and that is when he decided
to join the Army.  It was very hard for him and his wife being away from
each other.  At the time, he made a very bad decision by not returning to
his unit.  Shortly after returning he was discharged for being absent
without leave (AWOL), not realizing at the time how it would affect his
future.  He has been an outstanding citizen for the past 65 years.

3.  The applicant provides his DD Form 214 (Report of Separation from the
Armed Forces of the United States); the results of an El Centro, CA, Police
Department records check; two letters of support, one from his pastor,
dated       9 February 2007 and on from his wife, dated 12 December 2006; a
basic training completion certificate; and a basic airborne course
completion certificate.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents (consisting of the documents provided by the
applicant) for the Board to conduct a fair and impartial review of this
case.

3.  The applicant was born on 26 January 1928.  He enlisted in the Regular
Army on 3 February 1953.  He was discharged with an undesirable discharge
on        26 November 1954 under the provisions of Army Regulation 615-368.
 His DD Form 214 shows he completed 1 year, 11 months, and 1 day of service
for pay purposes and had 266 days of lost time.

4.  Army Regulation 615-368 governed the separation of enlisted personnel
for unfitness.  In pertinent part, it provided for the discharge of an
individual who was unfit for further military service because of habits or
traits of character manifested by antisocial or amoral trends, chronic
alcoholism, criminalism, drug addiction, pathological lying, homosexuality,
sexual perversion or misconduct; unclean habits including repeated venereal
infections; repeatedly committing petty offenses not warranting trial by
court-martial; habitual shirking; possessing an antisocial personality
disorder or defect; or a record of service revealing frequent disciplinary
actions because of infractions of regulations and commission of offenses.

5.  Army Regulation 635-200 is the current regulation that sets forth the
basic authority for the separation of enlisted personnel.  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.  In the absence of evidence to the contrary, it is presumed that the
applicant’s discharge proceedings were conducted in accordance with law and
regulations applicable at the time.  The applicant acknowledges that he
went AWOL and his DD Form 214 shows he had 266 days of lost time.

2.  The applicant’s good post-service conduct is admirable; regrettably,
however, that factor does not warrant granting the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__bpi___  __tmr___  __gjp___  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 for correction of the
records of the individual concerned.




                                  __Bernard P. Ingold___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006061                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070830                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19541126                                |
|DISCHARGE AUTHORITY     |AR 615-368                              |
|DISCHARGE REASON        |A50.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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