RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         2 March 2006
      DOCKET NUMBER:  AR20050012177


      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             |
|     |M                                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 (UD)
be upgraded.

2.  The applicant states, in effect, that he is entitled to an upgrade of
his discharge based on a Presidential Pardon.  He states that at the time
he served in the military, he was a single man who was addicted to drugs.
He states that he was drafted even though he had a severe disability (loss
of sight in left eye), and he believes his medical records show that he was
under severe stress when he departed absent without leave (AWOL).

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement; Separation Document (DD Form 214);
Criminal History Record; and 3 Supporting Character References.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 3 April 1974.  The application submitted in this case is
dated 28 June 2005.

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.  The applicant’s record shows that he was inducted into the Army and
entered active duty on 21 March 1968.  He never completed training and was
never awarded a military occupational specialty (MOS).

4.  The applicant’s record documents no acts of valor, significant
achievement, or service warranting special recognition.  It does reveal
that on 27 May 1968, he departed absent without leave (AWOL) from his
training unit at Fort Jackson, South Carolina.  He remained away for 12
days until returning to military control on 7 June 1968.

5.  On 17 June 1968, the applicant accepted nonjudicial punishment (NJP)
under the provisions of Article 15 of the Uniform Code of Military Justice
(UCMJ) for being AWOL from 27 May through 8 June 1968; and on 22 July 1968,
he accepted NJP for disobeying the lawful order of a superior
noncommissioned officer.

6.  On 8 September 1968, the applicant departed AWOL from his unit at
Fort Jackson.  He remained away for 1898 days until returning to military
control on 20 November 1973.

7.  On 26 November 1973, a Charge Sheet (DD Form 458) was prepared
preferring a court-martial charge against the applicant for violating
Article 86 of the UCMJ by being AWOL from on or about 8 September 1968
through on or about 20 November 1973.

8.  The applicant’s unit commander recommended his separation based on his
lengthy AWOL.

9.  On 18 December 1973, the applicant consulted with legal counsel and was
advised of the basis for the contemplated separation action, its effects,
and of the rights available to him.  Subsequent to this counseling, the
applicant waived his right to consideration of his case by and personal
appearance before a  board of officers.  He also waived his right to
representation by counsel, and he elected not to submit a statement in his
own behalf.

10.  On 7 May 1974, the Personnel Control Facility, Fort Dix commander
determined a trial by court-martial based on the applicant’s AWOL was not
advised.

11.  On 14 March 1974, the separation authority directed the applicant be
separated under the provisions of paragraph 15-5, Army Regulation 635-200,
by reason of misconduct, AWOL with an UD, and that he be reduced to the
lowest enlisted grade.  On 3 March 1974, the applicant was discharged
accordingly.

12.  The DD Form 214 issued to the applicant on 3 March 1974, shows he
completed a total of 9 months and 17 days of creditable active military
service, and that he accrued 1910 days of time lost due to AWOL.

13.  The applicant provides a Criminal History Record, dated 19 July 2005,
from Frederick County, Virginia.  This report indicates there was no
conviction data on file pertaining to the applicant.

14.  The applicant also provides three third-party character references
from his wife and two friends.  These individuals attest to the applicant’s
excellent character and good post service conduct.

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

16.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 5-15 in effect at the time
provided for the separation of members for misconduct, AWOL, when trial was
waived or deemed inadvisable.  A discharge under other than honorable
conditions was normally considered appropriate and the regulation provided
for the issuance of an UD at the time.

17.  Presidential Proclamation (PP) 4313, dated 16 September 1974,
announced a clemency program designed to provide deserters an opportunity
to work their way back into American society.  This proclamation pertained
to all individuals who were carried administratively as deserters if their
last period of AWOL was between 4 August 1964 and 28 March 1973.  Under
this program, eligible enlisted deserters were offered the opportunity to
request an UD for the good of the service if they agreed to perform
alternate service under the supervision of the Selective Service System.
Successful completion of alternate service entitled a participant to
receive a Clemency Discharge Certificate.

18.  Clemency Discharges issued pursuant to PP 4313 did not impact the
underlying discharge a member received and did not entitle the individual
to any benefits administered by the VA. The Army Discharge Review Board
adapted the policy that a Clemency Discharge would be considered by a board
in its deliberations but that the discharge per se did not automatically
require relief be granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to have his discharge
upgraded based on a Presidential Pardon, and the supporting documents
attesting to his good post service conduct were carefully considered.
However, these factors are not sufficiently mitigating to warrant granting
the requested relief.

2.  The evidence of record confirms the applicant’s separation was
accomplished in accordance with the applicable regulation. All requirements
of law and regulation were met, and his rights were fully protected
throughout the separation process.

3.  The applicant’s record reveals an extensive disciplinary history that
includes his accrual of accrued 1910 days of AWOL.  Therefore, it is
concluded that his UD accurately reflects the overall character of his
short and undistinguished service.

4.  Further, the applicant’s record gives no indication that he was
separated under the provisions of PP 4313, or that he performed the
alternate service necessary to be entitled to receive a Clemency Discharge
Certificate.  In addition, clemency discharges issued pursuant to PP # 4313
did not impact the underlying discharge a member received and did not
entitle the individual to any benefits administered by the Department of
Veterans Affairs.  The Army Discharge Review Board adopted the policy that
a Clemency Discharge would be considered by a board in its deliberations
but that the discharge per se did not automatically require relief be
granted.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, 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.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 April 1974.  Therefore, the time for
him to file a request for correction of any error or injustice expired on 2
April 1977.  However, he failed to 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

___WDP_  __JLP___  __PMT__  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.




                                  _____William D. Powers ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050012177                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/03/02                              |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |1974/04/03                              |
|DISCHARGE AUTHORITY     |AR 635-200 Para 15-5                    |
|DISCHARGE REASON        |Misconduct-lengthy AWOL                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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