RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        FEBRUARY 8, 2005
      DOCKET NUMBER:  AR20040000668


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Ms. Susan A. Powers               |     |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 be
upgraded to an honorable or a general discharge.

2.  The applicant states that after he completed boot camp, he was
transferred to Germany and was provided training to repair helicopters.  He
states that his desire was to go to Vietnam where all of his friends were
and where he believed that he should have been transferred.  He states, in
effect, that he requested to return home, as his mother was not well and
that his chain of command would not accept his request.  He goes on to
state, in effect, that he is not making excuses for his actions; however,
he was young at that time and he was drinking too much because of the
thoughts that were going through his mind at that time.  He continues by
stating that late one evening, he was returning to the barracks after being
given a pass, and his “barracks coordinator” confronted him by shoving him
backward and “getting in his face”.  He states that he foolishly put his
hand on his coordinator’s shoulder, pushed him back and cursed at him.  He
states that he was court-martialed; that he spent 104 days in the stockade;
and that he was discharged.  He states that he is now 60 years old and that
regrets his actions, as he was proud to serve his country and would do so
today if he were needed.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 10 September 1963.  The application submitted
in this case is dated 21 April 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 limitation 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.  On 20 July 1961, he enlisted in the Army in Detroit, Michigan, with
parental consent, at age 17, for 3 years, in the pay grade of E-1.  He
successfully completed his training as aircraft maintenance crewman.
4.  The records are unclear as to the date that he was advanced to the pay
grade of E-2; however, the records do show that on 27 March 1962, he was
advanced to the pay grade of E-3.

5.  Nonjudicial punishment (NJP) was imposed against the applicant on 7
July 1962, for a pass violation and for missing bed check.  His punishment
consisted of a reduction in pay grade.

6.  On 9 August 1962, the applicant was convicted by a summary court-
martial of being absent without leave (AWOL) from 31 July to 1 August 1962.
 He was sentenced to restriction.

7.  On 9 September 1962, NJP was imposed against him for a pass violation
and for missing bed check.  His punishment consisted of extra duty.

8.  NJP was imposed against him again on 8 December 1962, for failure to
obey a lawful order verbally given by the battalion commander.  His
punishment consisted of a reduction in pay grade.

9.  The evidence of record shows that five letters of indebtedness were
sent to members of the applicant’s chain of command between the 17 April
and 18 December 1962 timeframe.

10.  On 9 January 1963, NJP was imposed against him for failure to obey a
lawful order.  His punishment consisted of extra duty.

11.  On 11 February 1963, NJP was imposed against for two specifications of
pass violations.  His punishment consisted of extra duty.

12.  The applicant had NJP imposed against him again on 21 March 1963, for
being drunk and disorderly at the main gate.  His punishment consisted of
extra duty.

13.  On 1 April 1963, the applicant underwent a mental status evaluation
and the diagnosis was that he had no mental disease.  The psychiatrist
stated that it was highly unlikely that the applicant would change his
behavior or attitude through further counseling, treatment, transfer or
punishment.  The psychiatrist recommended that he be considered for
separation from the Army under the provisions of Army Regulation 635-208.

14.  On 27 April 1963, NJP was imposed against the applicant for a pass
violation, for being AWOL and for missing bed check.  His punishment
consisted of extra duty.

15.  The applicant was convicted by a special court-martial on 7 May 1963,
of failure to obey a lawful order; of two specifications of wrongfully
using provoking words towards his senior noncommissioned officer (NCO); of
assault; and of threatening to kill his senior NCO.  He was sentence to
confinement at hard labor for 6 months, a reduction in pay grade and a
forfeiture of pay.

16.  The available evidence of record shows that the applicant was also
counseled on at least nine separate occasions between 17 July 1962 and
25 March 1963 regarding his inappropriate conduct.

17.  On 20 May 1963, the applicant was notified that he was being
recommended for discharge from the Army under the provisions of Army
Regulation 635-208.  He acknowledged receipt of the recommendation and on 7
June 1963, he waived his rights to consult with counsel and to have his
case considered before a board of officers.

18.  The facts and circumstances pertaining to the applicant's discharge
are not on file.  The Report of Transfer or Discharge (DD Form 214)
indicates that the applicant was discharged on 10 September 1963, under the
provisions of Army Regulation 635-208, for unfitness, due to frequent
involvement in incidents of a discreditable nature with military or civil
authorities.  He had completed 1 year, 10 months and 10 days of total
active service and he had approximately 103 days lost time due to AWOL and
confinement.  He was issued an Undesirable Discharge Certificate.

19.  The available records fail to show that the applicant ever applied to
the Army Discharge Review Board for an upgrade of his discharge within that
board’s
15-year statute of limitations.

20.  14.  Army Regulation 635-208, then in effect, provided for the
separation of personnel for unfitness.  Paragraph 10b(3) provides that
separation action by the commander exercising general court-martial
jurisdiction prior to board action may direct discharge because of
unfitness of an individual who has waived his right to be heard before a
board of officers.  An undesirable discharge was normally considered
appropriate.



DISCUSSION AND CONCLUSIONS:

1.  It appears that the applicant's administrative separation was
accomplished in compliance with applicable regulations with no indication
of procedural errors, which would tend to jeopardize his rights.

2.  It also appears that the type of discharge directed and the reasons
therefore were appropriate considering all the facts of the case.

3.  The Board has noted the applicant’s contentions; however, his
contention that he was young and immature at the time is not sufficiently
mitigating to warrant relief.  The evidence of record shows that he was
convicted by one summary court-martial and by one special court-martial and
that he had NJP imposed against him on seven separate occasions as a result
of the offenses that he had committed.  Additionally, he was counseled on
at least nine separate occasions and considering his numerous acts of
misconduct, it does not appear that his undesirable discharge is too severe
and the character of the discharge is commensurate with his overall record.

4.  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 this requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 September 1963; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 9 September 1966.  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

mkp_____  sap_____  slp   ____  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 K. Patterson__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000668                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050208                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19631010                                |
|DISCHARGE AUTHORITY     |AR 635-208                              |
|DISCHARGE REASON        |583/UNFITNESS                           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  592  |144.5100.0000/FREQ INVOLVE W/MIL AUTH   |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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