RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        02 August 2007
      DOCKET NUMBER:  AR20070002927


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 the 6 days of absences without leave (AWOL)
currently reflected on his Report of Separation (DD Form 214) be removed.

2.  The applicant states, in effect, that his DD Form 214 erroneously
reflects that he was AWOL for 6 days and that he was never AWOL.

3.  The applicant provides in support of his application, a copy of a
report from the Federal Bureau of Investigation (FBI) dated 18 January
1974.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 March 1974.  The application submitted in this case is
dated 16 February 2007.

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 24 July 1968, the applicant enlisted in the Regular Army in Oklahoma
City, Oklahoma, for 3 years, in the pay grade of E-1.  He successfully
completed his training as a wheel vehicle mechanic.

4.  After completing 10 months and 25 days of net active service, he was
honorably discharged on 18 June 1969 for the purpose of immediate
reenlistment.  He reenlisted in the Army for 3 years on 19 June 1969.

5.  After completing 1 year, 8 months and 11 days of net active service
this period, the applicant reenlisted in the Army for 4 years on 3 March
1971.

6.  On 12 November 1973, nonjudicial punishment (NJP) was imposed against
the applicant for being absent without leave from 25 September 1973 until
1 October 1973.  His punishment consisted of a reduction in pay grade
(suspended until 11 March 1974), a forfeiture of pay and extra duty.

7.  The applicant submitted an appeal to the NJP which was denied on
7 December 1973.  In his appeal, the applicant indicated that he believed
he had already done more than the punishment due for the offense.  He
stated that he pulled every detail his senior NCO could find for him to do;
that he had to work under a private first class; that he had to get up at
night and pull detail; that he was refused permission to go on pass and
available tours; that he was restricted to the billets for going to the
night club and to sick call; and that he did not have any previous
disciplinary record at all.  In his appeal, he stated that he was only AWOL
from 25 September until 30 September 1973, because he reported back in to
the squadron staff duty noncommissioned officer on 30 September 1973.

8.  The available records indicate was counseled on 12 December 1973 for
defective equipment; on 18 December 1973 for indebtedness; on 4 January
1974 for being AWOL; on 7 January 1974 for being absent from his extra
duty; on 1 February 1974 for indebtedness; and on 4 February 1974 for
stolen property.

9.  The applicant was notified that he was being recommended for discharge
under the provisions of Army Regulation 635-200, chapter 13-5b, for
unsuitability. His commander cited chronic character and behavior disorders
that interfered with his ability to perform his duties as the basis for the
recommendation for discharge.  The applicant's commanding officer also
cited repeated counseling, several moving violations and the fact that he
had been seen by Army psychiatrists eleven times and they all recommended
that he be discharged for unsuitability.

10.  The applicant acknowledged receipt of the notification and after
consulting with counsel; he waived his rights and opted not to submit a
statement in his own behalf.

11.  The appropriate authority approved the recommendation for discharge on
11 February 1974 and he directed the issuance of a General Discharge
Certificate.  Accordingly, on 14 March 1974, the applicant was discharged
under the provisions of Army Regulation 635-200, chapter 13-5b(2), for
unsuitability.  The DD Form 214 that he was furnished at the time of his
discharge indicates that he was furnished a General Discharge Certificate
and that he had 6 days of lost time.






12.  The FBI report that the applicant submitted in behalf of his
application is dated 18 January 1974, and it indicates that the special
agent was advised that the applicant had been AWOL from his unit from 28
September 1973 until he returned to military control on 1 October 1973.
The report also indicates that, on the date that the investigation was
conducted, the applicant was not in an AWOL status.

DISCUSSION AND CONCLUSIONS:

1.  There appears to be no basis for removing the 6 days of lost time from
the applicant's DD Form 214.

2.  The record of NJP dated 12 November 1973 indicates that he was AWOL
from 25 September 1973 until 1 October 1973.  Additionally, in the rebuttal
that he submitted to the NJP that was imposed against him, he admitted that
he was AWOL from 25 September 1973 until 30 September 1973.

3.  The applicant's contentions have been noted.  However, the FBI report
that he submitted in his own behalf does not indicate that he never went
AWOL.  That FBI report only notes information that the FBI agent obtained
from other Soldiers regarding his whereabouts.

4.  The available records show that the applicant was AWOL for 6 days
during the period covering his DD Form 214 ending on 14 March 1974.
Therefore, there is no basis for granting the applicant's request.

5.  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.

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 March 1974; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 13 March 1977.  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

__RWS__  ___KSJ__  __CG___  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.




                                  ___Curtis Greenway   _
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002927                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070802                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/DISCHARGE DOCUMENT             |
|2.  260                 |123.0000/LOST TIME                      |
|3.  261                 |123.0100/AWOL/DESERTION                 |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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