RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          2 June 2005
      DOCKET NUMBER:  AR20040006325


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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 that his general discharge (GD) under honorable
conditions be upgraded to a fully honorable discharge.

2.  The applicant states, in effect, that he served in Germany honorably
prior to his service in Panama.  He was hospitalized for depression at age
14.  At the time of his separation, he was suffering from major depression;
a psychiatrist in Panama diagnosed him as suffering from depression.
However, he can no longer find that medical record.  The Veterans
Administration has also diagnosed him to suffer from depression.  His
discharge papers also show that he was assigned to the 114th Combat Support
Aviation (CSA) Company; he was never assigned to this unit.

3.  The applicant provides in support of his request:

      a.  DD Forms 214 (Certificates of Release or Discharge from Active
Duty), issued on 6 September 1979 and 30 June 1982.

      b.  VA Form 10-1000 (Discharge Summary Inpatient Care), dated
14 November 1987.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 June 1982.  The application submitted in this case is dated
18 August 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.  Prior to the period of service under review, the applicant served
honorably in the Regular Army (RA) from 8 September 1976 to 6 September
1979.

4.  On 5 February 1981, after a break in service, the applicant reenlisted
in the RA for 3 years, training in military occupational specialty (MOS)
67N (Utility Helicopter Repairer), the special unit enlistment option,
assignment to Panama and in pay grade E-4.  He completed the training
requirements and he was awarded MOS 67N.
5.  Headquarters, United States Army Aviation Center, Fort Rucker, Alabama,
Orders Number 73-25, dated 15 April 1981 shows that initially, the
applicant was assigned to the 193rd Replacement Detachment, Panama.  Upon
arrival, he was further assigned to the 3rd Platoon, 242nd Aviation
Company, Albrook Air Force Base, Panama, effective 22 May 1981.  He was
later attached to the 114th CSA Company, 210th Combat Aviation Battalion,
Fort Kobbe, Panama.

6.  Between January and May 1982, the applicant received five nonjudicial
punishments (NJP's) under the provisions of Article 15, Uniform Code of
Military Justice (UCMJ).

7.  On 21 January 1982, NJP was imposed against the applicant for being in
an absent with leave (AWOL) status from 8-15 January 1982.  His punishment
included the reduction from pay grade E-4 to pay grade E-3, a forfeiture of
$250.00 pay for 1 month (suspended for 2 months) and 14 days of extra duty.


8.  On 22 March 1982, NJP was imposed against the applicant for failure to
go to his appointed place of duty at the time prescribed on 20 and 22 March
1982.  His punishment included reduction to pay grade E-2, and 14 days of
extra duty (both suspended for 2 months).  On 30 March 1982, the suspended
punishment was vacated and the punishment was imposed.

9.  On 30 March and 3 May 1982, NJP was imposed against the applicant for
failure to go to his appointed place of duty at the time prescribed on 25
and
26 March 1982 and 23 April 1982.  His punishment included reduction to pay
grade E-1, a forfeiture of pay, and extra duty.

10.  On 5 May 1982, the commander officially notified the applicant that he
was being recommended for discharge under the provisions of chapter 13,
Army Regulation 635-200 for unsuitability.  He was also informed of the
rights available to him.

11.  On 26 May 1982, the applicant consulted with legal counsel concerning
the basis for the contemplated separation action and the rights available
to him.  He acknowledged that he understood the ramifications of receiving
a GD and he declined to submit a statement in his own behalf.  He was not
entitled to have his case considered by a board of officers.

12.  On 4 June 1982, the applicant's commander recommended that he be
eliminated from the military under the provisions of chapter 13, Army
Regulation 635-200 for unsuitability.  The commander cited as the bases for
his recommendation that he believed it was unlikely the applicant would
develop into a satisfactory Soldier.  The applicant had received five
NJP's, and he was obviously resisting all rehabilitation attempts.  Further
retention in the service and attempts at rehabilitation would not produce
the quality Soldier desired by the Army.

13.  On 7 June 1982, the appropriate authority waived further
rehabilitation, approved the separation recommendation, and directed the
issuance of a GD.
The applicant returned to Fort Jackson, South Carolina for separation
processing.

14.  The applicant's DD Form 214 (Certificate of Release or Discharge from
Active Duty) shows that he was separated on 30 June 1982, under the
provisions of chapter 13, Army Regulation 635-200, for unsuitability, with
a GD.  He had completed 1 year, 4 months and 19 days of creditable active
military service on the current enlistment and he had 7 days of lost time
due to being AWOL.  He had also completed 2 years, 11 months and 29 days of
prior active military service.

15.  The applicant's DD Form 214 appropriately shows that his last duty
assignment and major command was 3rd Platoon, 242nd Aviation Company,
Panama.  The applicant was attached to the 114th CSA Company, 210th Combat
Aviation Battalion, Fort Kobbe, therefore, the applicant's NJP's and his
separation processing documents contain the 114th CSA Company address,
because it was the higher headquarters.

16.  The applicant's DA Form 20 (Personnel Qualification Record) supports
that the applicant was assigned to 3rd Platoon, 242nd Aviation Company and
that he served with this unit until he left Panama and returned to the
United States for separation processing.

17.  The VA Form 10-100 that the applicant provided shows that his
diagnosis was "AXIS I:  Bi-polar Disorder with hypomania.  AXIS II:  No
diagnosis.  AXIS III: Alcohol abuse by history."  The available record
contains no medical documents or any evidence that the applicant had a
medical problem that affected his ability to serve in the military.

18.  Army Regulation 635-200, then in effect, set forth the basic authority
for the separation of enlisted personnel.  Chapter 13 contains the policy
and outlines the procedures for separating individuals for unsatisfactory
performance, apathy, or a defective attitude and provides, in pertinent
part, that commanders will separate a member under this chapter when, in
the commander’s judgment, the member is unfit or unsuitable for further
service.  A GD was generally considered appropriate.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's discharge proceedings were conducted in accordance with
law and regulations applicable at the time.  The characterization of the
applicant's service is commensurate with his overall record of military
service.  The applicant has failed to provide evidence to support that it
is wrong.

2.  The applicant's DD Form 214 appropriately shows that his last duty
assignment was 3rd Platoon, 242nd Aviation Company, Panama.  The
applicant's separation processing documents shows the 114th CSA Company
address because it was the applicant's higher headquarters.

3.  The available evidence does not show that the applicant had a medical
problem that contributed to his misconduct or affected his ability to
complete his military service obligation.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 June 1982; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
29 June 1985.  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

__fe____  __teo___  __mjnt__  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.


                                  Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006325                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050602                                |
|TYPE OF DISCHARGE       |(GD)                                    |
|DATE OF DISCHARGE       |19820630                                |
|DISCHARGE AUTHORITY     |AR635-200, Chap 13                      |
|DISCHARGE REASON        |A49.00                                  |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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