RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2007
      DOCKET NUMBER:  AR20070009084


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 undesirable discharge be
upgraded to a discharge under honorable conditions (general).

2.  The applicant states that he was young and that he had many issues.  He
states that he was very immature and that he was not willing to accept his
responsibilities.  He states that he has since changed his life and has
become a productive member of society.

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 19 September 1974, the applicant enlisted in the Army at age 18, in
Montgomery, Alabama, for 3 years, in the pay grade of E-1.  He successfully
completed his training as a personnel management specialist.

3.  Nonjudicial punishment (NJP) was imposed against the applicant on
29 January 1975, for failure to go to his appointed place of duty.  His
punishment consisted of a forfeiture of pay in the amount of $25.00 and
extra duty for 14 days.

4.  The applicant was promoted to the pay grade of E-2 on 7 May 1975.

5.  On 30 May 1975, NJP was imposed against him for being absent without
leave (AWOL) from 28 April until 5 May 1975; and from 12 May until 19 May
1975.  His punishment consisted of correctional custody for 30 days.

6.  On 13 August 1975, NJP was imposed against the applicant for being AWOL
from 29 July until 4 August 1975.  His punishment consisted of correctional
custody for 30 days, a reduction to the pay grade of E-1 and a forfeiture
of pay in the amount of $175.00 per month for 2 months.

7.  A review of the available records indicate that the applicant was AWOL
from 6 October until 7 October 1975; 24 November until 30 November 1975;
8 December 1975 until 11 February 1976; and 9 March until 23 March 1976.
However, the record is void of the punishment that was imposed against him
for these periods of AWOL.

8.  The facts and circumstances pertaining to the applicant's discharge are
not on file.  The Report of Separation from Active Duty, DD Form 214,
indicates that he was discharged on 28 April 1976, 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 1 year, 3 month and 24 days of net active
service and he had approximately 109 days of lost time due to AWOL and
confinement.  He was furnished an Undesirable Discharge Certificate.

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 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.  A
discharge under other than honorable conditions is normally considered
appropriate.  However, at the time of the applicant's separation the
regulation provided for the issuance of an undesirable discharge.

DISCUSSION AND CONCLUSIONS:

1.  It appears that 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 appear to have
been appropriate considering all the facts of the case.


3.  The applicant's contentions that he was young and immature at the time
of his enlistment in the Army have been noted.  However, his contentions
are not sufficiently mitigating to warrant the relief requested.  The
evidence of record shows that he had NJP imposed against him twice and he
had approximately 109 days of lost time due to AWOL and confinement.

4.  Although he contends that he has changed his life and become a
productive member of society, he has submitted no evidence to support this
contention and considering the nature of his offenses, it does not appear
that the type of discharge that he received is too harsh.  In the absence
of evidence to the contrary, it must be presumed that what the Army did in
his case was correct.

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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RTD___  __CAD__  __EEM__  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.





                                  ___Richard T. Dunbar____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070009084                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  689  |144.7000/REQ FOR DISCHRGE FTGOS         |
|2.  261                 |123.0000/AWOL/DESERTION                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]