RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070006783


      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. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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, that his discharge under other than
honorable conditions be upgraded to an honorable discharge.

2.  The applicant states that he was not provided an opportunity or a
second chance.  He states that he was singled out because there was another
member of his unit that went absent without leave (AWOL) three times.  He
states that the other member was forgiven all three of the times and he
went AWOL and he was given another chance.

3.  The applicant provides no additional documentation in support of his
application.

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.  On 9 September 1980, the applicant enlisted in the Army for 3 years in
the pay grade of E-1.  He successfully completed his training as an
infantryman.

3.  He was promoted to the pay grade of E-2 on 9 March 1981; promoted to
the pay grade of E-3 on 9 September 1981; and promoted to the pay grade of
E-4 on 3 December 1982.

4.  The applicant reenlisted in the Army for 3 year on 11 September 1983.
He was promoted to the pay grade of E-5 on 10 June 1984.

5.  The applicant went AWOL on 12 June 1985 and he remained absent in
desertion until he surrendered to military authorities and returned to
military control on 25 September 1985

6.  On 9 October 1985, the applicant was notified that charges were pending
against him for being AWOL.  He acknowledged receipt of the notification
and, after consulting with counsel, he submitted a request for discharge
under the provisions of Army Regulation 635-200, chapter 10, for the good
of the service in lieu of trial by court martial.  Along with his request
for discharge he submitted a statement in his own behalf.  In his
statement, the applicant requested that his situation with his wife and
children be considered as his family would have no place to go after his
separation from the service.  He stated that he would like to join the
National Guard to make up for his mistake and to defend his country.  He
requested the issuance of a discharge under honorable conditions (General).

7.  The appropriate authority approved the request for discharge on 6 March
1986 and he directed the issuance of a discharge under other than honorable
conditions.

8.  Accordingly, on 19 March 1986, the applicant was discharged under other
than honorable conditions, under the provisions of Army Regulation 635-200,
chapter 10, for the good of the service in lieu of trial by court-martial.
He had completed 5 years, 2 months and 24 days of net active service and he
had approximately 3 month and 12 days of lost time due to AWOL.

9.  A review of the available records fails to show that the applicant ever
applied to the Army Discharge Review Board for an upgrade of his discharge
within that board's 15-year statute of limitations.

10.  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
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.
Although an honorable or general discharge is authorized, a discharge under
other than honorable conditions is normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

3.  The applicant's contentions have been noted.  However, there is no
evidence in the available record and the applicant has not submitted any
evidence to show that he was singled out or treated unfairly while he was
in the Army.  The evidence of records shows that he went AWOL and he
remained absent in desertion for approximately 3 months and 12 days.
Considering the nature of his offense, it does not appear that the type of
discharge that he received was too harsh.

4.  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.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LMD__  __WDP__  __JLP___  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.





                                  ___William D. Powers__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006783                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070925                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  689  |144.0000/FTGS                           |
|2.  708                 |144.7100/COND TRIABLE BY CM - AWOL      |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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