RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 April 2007 DOCKET NUMBER: AR20060012884 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. Gerard W. Schwartz Acting Director Mr. Dean L. Turnbull Analyst The following members, a quorum, were present: Mr. John Infante Chairperson Ms. Susan A. Powers Member Mr. Qawiy A. Sabree 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 be change to under honorable conditions or to an honorable discharge. 2. The applicant states, in effect, he would like to have his discharge changed so that he can receive some medical help. He states if he had known the facts he would have kept his mouth shut. He states, in effect, he was young and dumb, had used some drugs and was not in his right mind when he saw the medical doctors. He further states he has done some wrong things and he remembers that before it all took place, he had held a Military Police at bay with a hand grenade. 3. The applicant does not provide any additional documentation. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged injustice which occurred on 1 August 1970. The application submitted in this case is dated 1 August 2006. 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 he enlisted and entered active duty on   22 December 1967. He completed basic combat training and advanced individual training, and was awarded the military occupational specialty   63C1O (Track Vehicle Mechanic). His highest pay grade held on active duty was private E-2. 4. He served with Company D, 171st Support Battalion, 171st Infantry Brigade (Mechanized) until 11 December 1968. He reenlisted and was transferred to the U.S. Army Special Processing Battalion Fort Meade, Maryland. 5. On 14 March 1969, the applicant was tried by a Summary Court-Martial and found guilty of one specification of absent without leave (AWOL) for the period   28 January 1969 to 27 February 1969. His sentenced consisted of confinement for one month and forfeiture of $73.00 per month for one month. 6. On 12 August 1969, charges were preferred against the applicant for two specifications of AWOL. 7. On 19 September 1969, the applicant was convicted by a Special Court-Martial for two specifications of AWOL for the periods 5 to 20 May 1969 and   21 May to 30 July 1969. His sentence consisted of confinement for four months. 8. On 27 November 1969, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for being disrespectful in language towards a commissioned officer. His punishment consisted of a forfeiture of $30.00 per month for one month and a reduction in pay grade to private E-1. 9. He was transferred to Company B, 725th Maintenance Battalion, 25th Infantry Division in the Republic of Vietnam. 10. On 1 February 1970, the applicant accepted NJP under the provisions of Article 15, UCMJ, for wrongful use of marijuana. His punishment consisted of forfeiture of $65.00 per month for two months, 45 days restriction, extra duty at a rate of three hours per day for a period of 45 days, and a reduction in pay grade to private E-1. 11. The applicant's discharge packet was not included in his records. However, he was discharged for the good of the service under other than honorable conditions and was issued a undesirable discharge certificate on 1 August 1970. He had completed a total of 2 years and 12 days of active service. He had accrued a total of 198 days of lost time. 12. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statue of limitations. 13. Army Regulation 635-200 (Personnel Separations) 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 trail by court-martial. A discharge under other than honorable conditions is normally considered appropriate. 14. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. 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 (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. 15. Army Regulation 635-200, 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. A characterization of under honorable conditions may be issued only when the reason for the soldier’s separation specifically allows such characterization. DISCUSSION AND CONCLUSIONS: 1. The applicant requests that his discharge be changed to under honorable conditions or to an honorable discharge. 2. The applicant's record shows that he accrued 198 days of lost time due to being AWOL. His statement that he was young and dumb, and he had used drugs is not sufficient to change his discharge. 3. Based on the applicant's extensive record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel. The length of the applicant's absence without leave renders his service unsatisfactory. Therefore, he is not entitled to an honorable discharge or to a general discharge. 4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 August 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on   31 July 1973. The applicant did not 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 ___sap__ ___ji____ ____qas_ 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. _________John Infante_____________ CHAIRPERSON INDEX CASE ID AR20060012884 SUFFIX RECON YYYYMMDD DATE BOARDED 20070403 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.