RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 February 2006
      DOCKET NUMBER:  AR20050006789


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Janet Strafer                 |     |Member               |
|     |Ms. Naomi Henderson               |     |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 reconsideration of his request to correct his DD
Form 214 (Report of Separation from Active Duty) to show he was absent
without leave (AWOL) for 174 days rather than 182 days.

2.  The applicant states new evidence obtained from the National Personnel
Records Center (NPRC) shows he was reported AWOL as of 11 January 1972.
That means he did in fact report to his unit.

3.  The applicant provides a National Archives Form 13152 (Reply to Request
for Organizational Records (Non-Medical) and a DA Form 1 (Morning Report)
from the U. S. Army Overseas Replacement Center, Fort Dix, New Jersey, U.
S. Army Overseas Replacement Station, Replacement Enlisted Detachment,
dated         13 January 1972.

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 AC95-
08957 on       25 October 1995.

2.  The morning report provided by the applicant is new evidence which will
be considered by the Board.

3.  The applicant enlisted in the Regular Army on 14 July 1970.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 76Y (Unit Supply Specialist).  He
reported to the Fort Lewis, Washington, Overseas Replacement Station on or
about 29 December 1971 enroute to Vietnam.  On 4 January 1972, orders were
issued diverting him to the U. S. Army Overseas Replacement Center at Fort
Dix, New Jersey for assignment to Europe.  His report date to Fort Dix was
7 January 1972.

4.  The applicant provided page 2 of a 7-page morning report from the U. S.
Army Overseas Replacement Center, Fort Dix, New Jersey, U. S. Army Overseas
Replacement Station, Replacement Enlisted Detachment dated         13
January 1972 which shows he had been reported dropped from the rolls that
date and that he had been AWOL since 11 January 1972.

5.  The NPRC provided the Board analyst with additional morning reports
from the U. S. Army Overseas Replacement Center, Fort Dix, New Jersey, U.
S. Army Overseas Replacement Station, Replacement Enlisted Detachment.
Page 3 of the 7-page morning report dated 13 January 1972 shows the
applicant was reported AWOL 11 January 1972.  Morning reports from 6, 7,
and 8 January 1972 were also requested.  None of those morning reports
lists the applicant by name.  All of them list group changes (such as
assigned not joined and arrived present); however, the rosters with the
group changes (that should have showed the applicant as assigned not joined
or arrived present) were not provided by the NPRC.

6.  The applicant surrendered to military control at Fort Sill, Oklahoma on
6 July 1972.  He was charged with being AWOL from 7 January 1972 to 6 July
1972, a period of 182 days.

7.  The facts and circumstances pertaining to the applicant's discharge are
not available.  His DD Form 214 shows he was discharged on 3 August 1972
under the provisions of Army Regulation 635-200, chapter 10, for the good
of the service in lieu of trial by court-martial.  He was issued an
Undesirable Discharge Certificate.  He had completed 1 year, 6 months, and
22 days of creditable active service with 182 days of lost time due to
AWOL.

8.  On 26 July 1977, the Army Discharge Review Board (ADRB) reviewed the
applicant's records under the provisions of the Department of Defense
Special Discharge Review Program (SDRP) and upgraded his undesirable
discharge to a general discharge.  On 7 September 1978, the ADRB did not
affirm the applicant's general discharge under the SDRP.

9.  Public Law 95-126 provided in pertinent part for a “Relook Program.”
All cases upgraded from under other than honorable conditions under the
SDRP or the extension to Presidential Proclamation 4313 had to be relooked
and affirmed or not affirmed under uniform standards.  One of the principal
features of Public Law 95-126 was the addition of 180 days of continuous
unauthorized absence to other reasons (e.g., conscientious objector,
deserters) for discharge which act as a specific bar to eligibility for
Department Veterans Affairs benefits.  Such absence must have been the
basis for discharge under other than honorable conditions and is computed
without regard to expiration of term of service.

DISCUSSION AND CONCLUSIONS:

The new evidence provided by the applicant has been carefully considered.
However, in the absence of the morning report entry that shows when the
applicant was reported assigned to and present for duty at the U. S. Army
Overseas Replacement Center, Fort Dix, New Jersey, administrative
regularity must be presumed.  The 13 January 1972 morning report is
insufficient evidence on which to grant the relief requested.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __js____  __nh____  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 AC95-08957 dated 25 October 1995.




                                  __William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006789                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |123.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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