RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 MAY 2005
      DOCKET NUMBER:  AR20040006562


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Margaret Thompson             |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Leonard Hassell               |     |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, recognition of his more than 30
years of continuous active military service with its associated retirement
benefits and that he receive a 100 percent service connected disability for
several life terminating conditions dating from 1 April 1982 through 1997
and into 2002/2003.

2.  The applicant states, via a variety of correspondence, that between
1953 and 1968 he was “raised in Italy and Lebanon surrounded by diplomats,
military, business, and professional people in consequence of his father’s
US Government employment.”  Following schooling at a boarding school in
England and in Illinois, and after a 1966 visit to Libya and Israel he
learned the “occasion for a military career track [he] would follow.”  He
states that he joined the Army’s Reserve Officer Training Corps program and
was commissioned in March 1972.

3.  The applicant states that prior to entering active duty he traveled to
Lebanon to visit his father during which time he was “asked to meet” with
the US Military Attaché to Lebanon.  He states that it was during this
meeting that the Attaché “first broached the subject of a possible military
career track as an intelligence officer in the area of counter-terrorism
and counter-intelligence as a career path.” He states that such a path
“would normally lead to full colonel upon retirement.”

4.  He states that he entered active duty in August 1972 and was
“eventually posted to Germany as an S2 for a Tank Battalion near
Frankfurt.”  In 1974, while still serving in Germany, the applicant states
he was approached by a lieutenant colonel who later became a “Brigadier
General and Deputy Commander US Army Intelligence and Security Command” who
brief him “on a codeword program to which I was, or had been, an assigned
designee” and that “at that time I was to complete my assignment pending
further developments.”  He states that he understood from that briefing
that he had “been admitted to the program as a principal.”

5.  He states in 1975 the lieutenant colonel asked him to meet with the
“Regional NSA/CSS Director” who “explicitly asked [him] if [he] was
interested in a thirty year career, active duty, program.”  The applicant
states that he “answered in the affirmative and was told to fill out and
submit some paperwork to NSA, which [he] did, and was told that, as likely
as not, [he] would not hear much back anytime soon.”  He notes that proved
“to be the case” but that he was “fully convinced that [he] had been
actively enrolled on a career path as an officer of the United States Army
expected to conduct himself, at all time, in conformity with that status.”
He states “the enrollment tendered and accepted were in good faith and [he]
took them and their handshakes at face value and binding on [him].”  He
states that there “has never been so much as a whisper of doubt, these past
thirty years, on [his] part.”  He states that the “environment and those
circumstances were neither strange nor bizarre or hostile for someone
raised and prepared, as [he] had been, surrounded by the kinds of people
who participated in [his] early life.”

6.  The applicant states that he always believed that his wife, who died in
1990 at the age of 54 after a lengthy illness, was “introduced to [him]
under US Government sponsorship.”  He states that he came to understand
that a 1966 trip to Israel, “involving the giving of blood to the
Palestinian Red Crescent society, was a critical component of [his]
background upon which a career could be predicated.”

7.  He states a “calumny, begun on 1 April 1982, involving the ingestion of
a toxic agent; again in September; and yet again in Spain in 1987, resulted
in hospitalization and chronic treatment for paranoia/schizophrenia with
adverse somatic consequences which manifested themselves in the 1980’s and
1990’s.”  He maintains that the “diagnosis of paranoia and schizophrenia
was purely opportunistic and experimental, and was demonstrated to be so in
1987 as a forensic fact, and was intended to be instrumental.”  He states
“presumably, the calumny was deemed necessary to further the interests of
the United States at the time….”

8.  He states “Lastly, in 1990, on the occasion of the Iraqi invasion of
Kuweit, [sic] when GEN Powell was shown on national Television spreading
his thumb and pinky finger of a clenched fist across a map in an special
forces signal standard, I read a specific message disposing me in a
particular manner which led over time onto the streets of Boston, MA, for
approximately seven years.”  He states he “took that as [his] duty, in view
of events, and as part of [his] job as a military officer with
responsibilities.”

9.  The applicant states that the “three decades of consistent and
continuous service are the subject of a request for retirement from active
military service in a Voluntary Indefinite Status.  As a commissioned
officer of the US Army [he] was given to understand in 1975 that the normal
career path led to retirement as a Reserve Officer with thirty years active
military service, permanent rank of full Colonel, and an active duty rank,
after retirement, of Brigadier General.”  He states that this application
is submitted to secure 100% service connected disability for active
military service over a continuous period of thirty years for several life
terminating conditions dating from 1 April 1982 through 1997, and into
2002/2003.”
10.  He states that “proofs of all this, [he] was told, are to be found in
the pertinent archives at NSA/CSS and at the Army’s Intelligence Records
Repository located, at one time, at Ft. Meade, MD.”

11.  In addition to the various statements, the applicant also submits a
copy of his 1972 request for Voluntary Indefinite Status, a photograph from
the 19 June 2003 Bangor Daily News of an Iranian protestor in Paris, and a
second photograph from the 18 June 2003 Bangor Daily News of models from
London at the Royal Ascot horse race.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 February 1986.  The application submitted in this case
is dated
July 2004.

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.  Records available to the Board indicate the applicant was born in
Boston, Massachusetts in 1950.  According to his “Statement of Personal
History” his father, who was born in Alexandria, Egypt, was employed by Pan
American World Airlines, and was living in Beirut, Lebanon, at the time the
applicant completed the personal history form in 1971.  The document
indicates that his mother was born in Waterville, Maine and was living in
Eugene, Oregon, in 1971.

4.  The applicant was commissioned as a Military Intelligence, United
States Army Reserve Officer, on 17 March 1972 following completion of a
Reserve Officer Training Corps Program at the University of Oregon.  He
entered active duty in August 1972.

5.  In October 1972, while undergoing training, the applicant requested
Voluntary Indefinite Status.  His request was supported by members of his
chain of command, and subsequently approved.  By February 1973 the
applicant had been assigned to an Armor unit in Germany.  In August 1974 he
was promoted to first lieutenant.
6.  In March 1975, while still assigned to the Armor unit in Germany, the
applicant submitted a request for voluntary release from active duty.
Members of his chain of command supported his request.  At the time of his
request, the applicant’s active duty commitment requirement had expired in
August 1974, and he would complete 5/6th of his overseas tour requirement
in August 1975.

7.  On 1 August 1975 the applicant underwent a physical examination.  The
examining physician indicated the applicant’s physical profile was 1-1-1-1-
1-1, and his physical category was “A.”  He was found medically qualified
for separation.

8.  On 14 August 1975 the applicant signed a form indicating that the
outprocessing clerk had briefed him and that he understood that he would be
separated from the Army at Fort Dix, New Jersey.  According to orders
contained in the applicant’s file, he was released from active duty on 20
August 1975.

9.  In February 1977 the applicant submitted a request to the Reserve
Component Personnel Center in St. Louis, Missouri, requesting that he be
returned to active duty.  He indicated in that correspondence that he had
submitted an initial request to return to active duty in October 1976.  In
April 1977 he was informed that because of the reduction of active Army
requirements, which resulted in a “drastic curtailment of the recall
program for Reserve officers” and because the procurement for commissioned
or warrant officers was highly competitive with only limited vacancies, his
request had been denied.

10.  In 1978 he was promoted to captain in the United States Army Reserve.

11.  The applicant was ordered to “Active Duty Support (ADS)” for several
months in February 1981 and performed duties at Fort Meade, Maryland.  He
was, however, released from active duty in August 1981 and transferred to
the United States Army Control Group (Reinforcement).

12.  In March 1983 the applicant underwent a periodic physical examination,
which again indicated he had no disqualifying medical conditions.  His
physical profile was still recorded as 1-1-1-1-1-1.

13.  On 15 August 1985 the applicant submitted a request for “separation of
service from the US Army Reserve” and “the resignation of [his] commission
as an officer in the US armed Forces.”  His request was approved, and on
6 February 1986 the applicant was honorably discharged.

14.  Army Regulation 135-214 discusses the policies and provisions for
Voluntary Indefinite Status.  With the publication of the 1993 version of
the regulation, the requirement for Army competitive category officers to
apply for Voluntary Indefinite status was eliminated.  Prior to that,
obligated volunteer officer (officers serving an initial tour with a given
expiration date) were required to apply, and be approved, for Voluntary
Indefinite Status.  Today such officers are automatically considered for
Voluntary Indefinite Status and a written application is not required.
Additionally, today the granting of Voluntary Indefinite Status places a
Reserve commissioned or warrant officer in a career status to the point of
Regular Army integration, normally promotion to major or chief warrant
officer three.  Previously a Reserve officer granted Voluntary Indefinite
Status could remain a Reserve officer until qualified for retirement,
unless voluntarily or involuntarily separated at an earlier date.

15.  Army Regulation 635-100 establishes the policies and provisions for
separation of officer on active duty.  During the period in question an
officer on active duty could request voluntary relief from active duty
after fulfilling certain requirements, including for those assigned
overseas, completion of the prescribed overseas tour requirements (5/6th of
the normal tour).

16.  Army Regulation 135-175 established the policies and provisions for
the separation of Reserve component officers.  It states that resignations
submitted by nonobligated officers may be accepted unless the officer is
under investigation, in time of war or national emergency declared by
Congress, or when Department of the Army restricts the acceptance of such
resignation.

17.  Army Regulation 635-40 states that disability compensation is not an
entitlement acquired by reason of service-incurred illness or injury;
rather, it is provided to soldiers whose service is interrupted and they
can no longer continue to reasonably perform because of a physical
disability incurred or aggravated in service.  When a solider is being
processed for separation or retirement for reasons other than physical
disability, continued performance of assigned duty commensurate with his or
her rank or grade until the soldier is scheduled for separation or
retirement, is an indication that the applicant is fit.

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board shows that the applicant was a
United States Army Reserve officer who applied for, and was granted,
Voluntary Indefinite Status.  The granting of that status in no way was a
guarantee that he would remain in an “active” status until he had reached
30 years of continuous active service.
2.  The evidence shows that the applicant requested release from active
duty and his request was approved.  He was released from active duty in
1975 and in 1986, following his voluntary resignation; he was honorably
discharged from the United States Army Reserve.  There is no evidence, and
the applicant has not provided any, that he continued in an active duty
status beyond his 1975 discharge or as a member of the United States Army
Reserve beyond his resignation in 1986.

3.  The evidence also shows that he had a physical profile series of 1-1-1-
1-1-1 at the time of his 1975 separation from active duty and again in 1983
during his periodic medical examination.  Such a profile is evidence that
the applicant was medically qualified for military service without any
limiting medical conditions.

4.  There is no evidence, and the applicant has not provided any, which
confirms that he was physically unfit and the record indicates he did not
have any medically unfitting disability which required physical disability
processing.  Therefore, there is no basis for physical disability
retirement.

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 that requirement.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 February 1986 when he was honorably
discharged from the United States Army Reserve; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on ‘
5 February 1989.  However, 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

___MT __  ___JM   _  ___LH___  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.




                                  ___Margaret Thompson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006562                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050524                                |
|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.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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