RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2007
      DOCKET NUMBER:  AR20070006959


      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:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 other than honorable
conditions (UOTHC) be upgraded to a general discharge under honorable
conditions.

2.  The applicant states that he was never in trouble.  He was having
marriage problems.  When he finished with his tour in Europe, he went to
White Sands, NM.  While in New Mexico, he was trying to get closer to his
family [in San Antonio, TX] on his days off.  As he got closer to finishing
his tour with the Army, a recruiter started talking to him.  He said he did
not want to reenlist; he just wanted to be close to his family.  The
recruiter convinced him that he could get him to Fort Sam Houston in San
Antonio, so he reenlisted.  When he got his [reenlistment] papers, the Army
was sending him someplace else.  When his wife found out, she got very
upset and told him that if he left again she would leave.  He went home on
leave.  He did not report back for duty.  He realized he made a stupid
mistake, so he turned himself in.

3.  The applicant states that he has not gotten into any trouble since his
discharge except for maybe a couple of speeding tickets.  He is going to
school trying to get his peace officers license.  He is a law-abiding
citizen and a member of the American Legion.

4.  The applicant provides a DD Form 293 (Application for the Review of
Discharge from the Armed Forces of the United States).

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.  After having had prior service in the U. S. Marine Corps Reserve, the
applicant enlisted in the Regular Army on 1 September 1978.  He completed
advanced individual training and was awarded military occupational
specialty 71L (Administrative Specialist).

3.  On or about 20 November 1978, the applicant was assigned to Germany.
He departed Germany on 12 November 1980 and was assigned to Fort Bragg, NC.

4.  On 18 November 1981, the applicant was honorably discharged for
immediate reenlistment.  On 19 November 1981, he reenlisted for 3 years for
station of choice White Sands Missile Range, White Sands, NM.  He arrived
at White Sands Missile Range on or about 4 February 1982.

5.  A completed court-martial charge sheet is not available.

6.  On or about 1 June 1982, after consulting with legal counsel, the
applicant voluntarily requested a discharge under the provisions of Army
Regulation     635-200, chapter 10 for the good of the service.  He was
advised that by submitting this request for discharge he acknowledged that
he understood the elements of the offense charged and was guilty of the
charge against him or of a lesser included offense therein contained which
also authorized the imposition of a bad conduct or dishonorable discharge.
He also stated that under no circumstances did he desire further
rehabilitation for he had no desire to perform further military service.
The applicant was advised of the effects of a discharge UOTHC and that he
might be deprived of many or all Army and Veterans Administration benefits.
 He submitted no statement in his own behalf.

7.  On 2 June 1982, the applicant indicated that he did not desire a
separation medical examination.

8.  On 10 June 1982, the Commander, Personnel Control Facility, U. S. Army
Field Artillery Center and Fort Sill, Fort Sill, OK, recommended approval
of the applicant’s request.  He indicated that the applicant’s reason for
AWOL was “personal reasons” and that the applicant had become disillusioned
with the military.

9.  On 15 June 1982, the appropriate authority approved the applicant’s
request and directed he be furnished an UOTHC Discharge Certificate.

10.  On 29 June 1982, the applicant was discharged, in pay grade E-1, under
   the provisions of Army Regulation 635-200, chapter 10, conduct triable
by    court-martial, with a UOTHC discharge.  He had completed a total of 3
years,      5 months, and 29 days of creditable active service (5 months
and 24 days during his last enlistment) and had 45 days of lost time.

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.
The request may be submitted at any time after charges have been preferred
and must include the individual’s admission of guilt.  An UOTHC discharge
is normally considered appropriate.

12.  Army Regulation 635-200, 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.  The applicant’s voluntary request for separation under the provisions
of Army Regulation 635-200, chapter 10, for the good of the service, was
administratively correct and in conformance with applicable regulations.
There is no indication that the request was made under coercion or duress.

2.  The applicant’s recollections of his assignments preceding his
discharge do not match the evidence of record.  The evidence of record
shows that after his tour in Germany he was assigned to Fort Bragg, NC.  On
19 November 1981, he reenlisted for station of choice, White Sands Missile
Range, White Sands, NM, and that is where he was reassigned.  He then went
absent without leave on      15 April 1982.

3.  The applicant’s good post-service conduct is commendable; however, it
is insufficient to warrant upgrading his discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__sap___  __eem___  __qas___  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.




                                  __Susan A. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006959                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19820629                                |
|DISCHARGE AUTHORITY     |AR 635-200, ch 10                       |
|DISCHARGE REASON        |A70.00                                  |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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