RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2007
      DOCKET NUMBER:  AR20070007207


      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. John N. Slone                 |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. David W. Tucker               |     |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
general under honorable conditions.

2.  The applicant states that item 30 (Remarks) of his DD Form 214 (Armed
Forces of the Untied States Report of Transfer or Discharge) states his
discharge would be upgraded to general after 11 years.

3.  The applicant provides his DD Form 214 and his Undesirable Discharge
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.  After completing 11 years of general (i.e., primary school) education,
the applicant was inducted into the Army on 14 September 1966.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 25 May 1967, the applicant accepted non-judicial punishment under
Article 15, Uniform Code of Military Justice for failing to go to his
appointed place of duty.

4.  On 7 November 1967, the applicant was convicted, in accordance with his
plea, by a special court-martial of being absent without leave (AWOL) from
on or about 5 July to on or about 3 October 1967.  He was sentenced to be
reduced to private, E-1, to be confined at hard labor for 5 months
(suspended), and to forfeit $64.00 pay per month for 6 months.

5.  On 20 August 1968, the applicant was convicted, in accordance with his
plea, by a special court-martial of being AWOL from on or about 15 December
1967 to on or about 22 July 1968.  He was sentenced to confinement at hard
labor for      6 months and to forfeit $68.00 pay per month for 6 months.

6.  On 13 September 1968, the applicant completed a psychiatric evaluation.
 The Certificate of Psychiatric Evaluation noted that the applicant
indicated he went AWOL because he “doesn’t like the Army” and would
continue his AWOLs until he got a discharge.  He did not care what type of
discharge he received.  He was found to have a longstanding character and
behavior disorder that would tend to exist permanently.  He was found to be
a candidate for administrative separation under the provisions of Army
Regulation 635-212.

7.  On or about 20 September 1968, the commander of the Special Processing
Detachment, Fort Riley, KS initiated action to separate the applicant under
the provisions of Army Regulation 635-212 for unfitness.  The applicant was
advised of his rights by counsel.  He waived consideration of his case by a
board of officers; waived personal appearance before such a board; and
elected not to make a statement on his behalf.

8.  On 4 September 1968, the applicant completed a separation physical
examination and was found qualified for separation.

9.  On 26 September 1968, the appropriate authority approved the
recommendation and directed issuance of an Undesirable Discharge
Certificate.

10.  On 10 October 1968, the applicant was discharged, with an undesirable
discharge and a characterization of service of under other than honorable
conditions, in pay grade E-1, under the provisions of Army Regulation 635-
212 for unfitness.  He had completed 10 months and 17 days of creditable
active service and had 404 days of lost time and 26 days of lost time
subsequent to his normal expiration of term of service.

11.  On 27 May 1976, the Army Discharge Review Board (ADRB) denied the
applicant’s request for an upgraded discharge.

12.  On 3 December 1981, the ADRB again denied the applicant’s request for
an upgraded discharge.

13.  Army Regulation 635-212, in effect at the time, set forth the basic
authority for the separation of enlisted personnel.  The regulation
provided, in pertinent part, that members involved in frequent incidents of
a discreditable nature with civil or military authorities, sexual
perversion, drug addiction or the unauthorized use or possession of habit-
forming drugs or marijuana, an established pattern for shirking, an
established pattern showing dishonorable failure to pay just debts or
failure to contribute adequate support to dependents, were subject to
separation for unfitness.  Such action would be taken when it was clearly
established that despite attempts to rehabilitate or develop him as a
satisfactory Soldier further effort was unlikely to succeed.

14.  Army Regulation 635-200 governs 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.

15.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part, the version in effect
at the time stated that the highest civilian education level attained would
be the first entry in item 30.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 30 of the applicant’s DD Form 214 did not mean that
his discharge would be upgraded to general in 11 years.  It meant that he
attained 11 years of general civilian education.

2.  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.  Considering his record
of two lengthy periods of AWOL, the characterization of his discharge as
undesirable was appropriate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jns___  __jtm___  __dwt___  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.




                                  __John N. Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070007207                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071018                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19681010                                |
|DISCHARGE AUTHORITY     |AR 635-212                              |
|DISCHARGE REASON        |A51.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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