RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      23 October 2007
      DOCKET NUMBER:  AR20070008447


      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             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, reconsideration of his request that
his undesirable discharge be upgraded to a general discharge.

2.  The applicant states, in effect, that he had no idea he had a chance to
upgrade his discharge until 1983.  He adds that all he is asking for is a
general discharge and he feels he deserves it based on his having completed
basic combat training and advanced individual training before being
discharged.

3.  The applicant submitted no additional documents in support of his
request for an upgrade of his discharge beyond his DD Form 149, Application
for Correction of Military Record.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20060005130 on 24 October 2006.

2.  The evidence shows the applicant received the following non-judicial
and courts-martial punishments while he was on active duty:

      a.  While in basic combat training he received nonjudicial punishment,
      on 19 December 1968, for being absent without leave (AWOL) from 12
      December 1968 to 18 December 1968.  His punishment was of a forfeiture
      of pay, extra duty, and restriction.

      b.  While in basic combat training he received nonjudicial punishment,
      on 8 January 1969, for being AWOL for six and a half hours, on 6
      January 1969.  His punishment consisted of restriction to the company
      area for 14 days.

      c.  While in basic combat training, the applicant was convicted, in
      accordance with his pleas, by a summary court-martial of breaking
      restriction.  He was sentenced to be confined at hard labor for
      30 days and to forfeit $50.00.  The sentence was adjudged and approved
      on 21 January 1969.
      d.  While in basic combat training, the applicant was convicted by
      a special court-martial in accordance with his plea, of being AWOL
      from 15 February 1969 to 12 March 1969, on 28 March 1969.  He
      was sentenced to be confined at hard labor for 6 months and to
      forfeit $68.00 for 6 months.  On 24 April 1969, the convening
      authority approved the sentence but suspended confinement at hard
      labor in excess of 1 month for 6 months.  On 30 June 1969, the
      suspended portion of the sentence to confinement was vacated.

      e.  On 12 December 1969, the applicant was convicted by a special
      court-martial, in accordance with his plea, of being AWOL from 1 July
      1969 to 17 September 1969.  He was sentenced to forfeit $75.00 for 5
      months and to be confined at hard labor for 5 months.  On 17 December
      1969, the convening authority approved the sentence.  On 19 January
      1970, the unexecuted portion of the sentence to confinement was
      remitted.

3.  The evidence shows the applicant completed basic combat training at
Fort Bliss, Texas, on 13 December 1968, and his advanced individual
training in military occupational specialty 63B (Wheel Vehicle Repairman),
at Fort Huachuca, Arizona, on 13 June 1969.

4.  At the time the applicant was discharged, he received, and he
acknowledged receipt, with his signature, on a form letter, Subject
Review of Discharge, on 19 January 1970.  In the text of this letter, it
specifically states that if he felt he should have received a higher type
of discharge, he could request a review of his discharge by the Army
Discharge Review Board.  It further stated that application for review of
his discharge must be received by the Department of the Army within 15
years after the effective date of his discharge.

5.  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 contentions that he had no idea he had a chance to
upgrade his discharge until 1983 were noted; however, these contentions
are not accurate.

2.  At the time the applicant was being processed for discharge, he was
notified in the written form, and he acknowledged the notification, he
could request a review of his discharge by the Army Discharge Review
Board.  He was further notified that application for review of his
discharge must be received by the Department of the Army within 15 years
after the effective date of his discharge.

3.  It is obvious the applicant knew he could request an upgrade of his
discharge since he did in the past and has, in effect, requested
reconsideration of the Board's earlier decision.

4.  A review of the applicant's records indicates he did complete basic
combat and advanced individual training however, in the relatively short
span of his Army service, which spanned 6 months and 22 days of
creditable service, he received one summary and two special courts-
martial and was subjected to non-judicial punishment two times.  It was
also noted the applicant accumulated 285 days of time lost due to AWOL
and confinement in the period of his service.

5.  According to Army regulations, to merit a general discharge, under
honorable conditions, a Soldier's service must have been sufficiently
satisfactory, but not sufficiently meritorious, to warrant an honorable
discharge.  By any measurement, the applicant's service can only be
determined to have been undesirable.  His service was not sufficiently
honorable to have merited a general discharge, under honorable
conditions, and he is therefore not entitled to an upgrade of his
discharge now.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__HOF__  __WB ___  _MF ____  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 to amend the decision of
the ABCMR set forth in Docket Number AR20060005130 dated 24 October 2006.




                                  ____Hubert O. Fry________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070008447                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/10/23                              |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19700119                                |
|DISCHARGE AUTHORITY     |AR 635-212                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |144.0133                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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