BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120021785 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, an upgrade of his undesirable discharge.

2.  The applicant states he was absent without leave (AWOL) because he wanted to remain overseas, but instead he was stationed close to home.  He missed his family and became agitated because he wanted to be with them.  He begged to remain overseas, but he was not allowed to extend.  Being too close to his home/family made it very difficult for him to stay on the base.

3.  The applicant provides no additional evidence.

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.  The applicant enlisted in the Regular Army in pay grade E-1 on 6 June 1968 for a period of 3 years in Atlanta, GA.  His enlistment document shows his place of birth as Blueridge, GA.  He completed basic training at Fort Benning, GA, and advanced individual training at Fort Leonard Wood, MO.  He was awarded military occupational specialty 62E (Crawl Tractor Operator).

3.  He served in Korea from 1 November 1968 through 22 December 1969.  He was reported as AWOL from 22 April through 5 May 1969 and from 15 to 23 May 1969.  Upon his return to the United States he was assigned to the 406th General Supply Company, Fort Bragg, NC.

4.  He was reported as AWOL on 21 March 1970 and he was dropped from the rolls on 21 April 1970.  On 27 October 1970, he was returned to military control at Fort McPherson, GA.

5.  He was reassigned to Fort Gordon, GA, on 27 May 1971.

6.  He was again reported as AWOL on 28 January 1972 and he was dropped from the rolls the same day.  On 5 March 1972, he was apprehended and returned to military control at Fort Gordon, GA.

7.  A DD Form 458 (Charge Sheet), dated 5 April 1973, issued by the Commander, U.S. Army Personnel Control Facility, Fort Campbell, KY, shows the applicant was charged with five specifications of being AWOL from:

* 21 March 1970 to on or about 26 October 1970
* 1 November 1970 to on or about 4 February 1971
* 4 February 1971 to on or about 27 May 1971
* 15 June 1971 to on or about 18 October 1971
* 28 January 1972 to on or about 5 March 1973

8.  On 14 April 1973 after consulting with counsel, the applicant requested discharge for the good the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), chapter 10.  He acknowledged he could be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate and the results of the issuance of such a discharge.  He waived his rights and elected to submit a statement in his own behalf.

9.  In a statement, dated 14 March 1973, the applicant stated his discharge would be best for the Army and because he had a family and pressing bills.  He did not like the Army.  He had escaped twice from the stockade and was beyond his expiration of term of service.  His family needed him a lot more than the Army.  His wife's health was bad, he had a four-month old baby, and he was needed at home because they couldn't support themselves.  He was costing the Army money and he just wanted to get out.  He realized that if he received an undesirable discharge he would not receive his veterans' benefits.

10.  On 10 April 1973, the applicant's company commander recommended approval of the applicant's discharge.  The company commander stated the applicant's numerous instances of AWOL clearly indicated a lack of effort to perform assigned duties in a satisfactory manner which was indicative of a defective attitude toward honorable service.  The immediate separation of the applicant was considered in the best interest of the U.S. Army.

11.  On 12 April 1973, the appropriate separation authority approved the applicant's request under the provisions of Army Regulation 635-200, chapter 10, and directed the issuance of an Undesirable Discharge Certificate and his reduction to pay grade E-1.  His DD Form 214 lists his place of birth as Blueridge, GA.

12.  On 20 April 1973, he was discharged accordingly.  He completed 1 year, 10 months, and 9 days of net active service with 1,102 days of lost time.

13.  There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

14.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.

	a.  Chapter 10 of the version in effect at the time provided that a Soldier whose conduct rendered him triable by court-martial for an offense punishable by a bad conduct or dishonorable discharge could request a discharge for the good of the service in lieu of a trial.  The regulation required that there have been no element of coercion involved in the submission of such a request and that the applicant was provided an opportunity to consult with counsel.  The Soldier was required to sign the request indicating he understood he could receive a discharge under other than honorable conditions, the adverse nature of such a discharge, and the possible consequences thereof.  The regulation required that the request be forwarded through channels to the general court-martial convening authority.  An Undesirable Discharge Certificate would normally be furnished to an individual who was discharged for the good of the service.

	b.  Paragraph 3-7a provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be inappropriate.

	c.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his undesirable discharge was carefully considered.  He contends that being too close to his home/family made it very difficult for him to stay on the base as his reason for being AWOL.

2.  The evidence of record shows he was born in Blueridge, GA, and enlisted in Atlanta, GA.  He served in Korea from 1 November 1968 through 22 December 1969.  During this period of service he was AWOL from 22 April through 5 May 1969 and from 15 to 23 May 1969.

3.  Upon his return to the United States, he was stationed at Fort Bragg, NC, where he was again reported AWOL on 21 March 1970 and he was dropped from the rolls on 21 April 1970.  He was apprehended and returned to military control at Fort Gordon, GA, on 5 March 1972.  He was ultimately charged with five specifications of being AWOL between 21 March 1970 and 5 March 1973.  During his period of AWOL from January 1972 to March 1973, he was stationed at Fort Gordon, GA.

4.  He was charged with the commission of an offense punishable under the UCMJ with a punitive discharge.  Discharge actions processed under the provisions of chapter 10 of Army Regulation 635-200 are voluntary requests for discharge in lieu of trial by court-martial.  The applicant voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  He stated he did not like the Army and his family needed him.  He acknowledged he understood he could be furnished an Undesirable Discharge Certificate.  On 20 April 1973, he was discharged accordingly.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant's discharge accurately reflects his overall record of service.

5.  He provided no evidence or a convincing argument to show his discharge should be upgraded and his military records contain no evidence which would entitle him to an upgrade of this discharge.  The evidence shows his misconduct which consisted of being AWOL while serving in Korea and in the United States diminished the quality of his service below that meriting an honorable or a general discharge.

6.  Without evidence to the contrary, it appears his administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would tend to jeopardize his rights.  He was properly discharged in accordance with pertinent regulations with due process.  Therefore, he is not entitled to an honorable or a general discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________X______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120021785



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ABCMR Record of Proceedings (cont)                                         AR20120021785



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