RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20040011356


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 discharge be upgraded to allow him to
receive Department of Veterans Affairs (VA) benefits.

2.  The applicant states "I became panicked, extremely stressed and ran
when I saw my friend get killed.  His head was blown off while he was right
next to me.  For several days I was actually and mentally lost.  I have
PTSD since this incident.  I have been a model citizen since leaving the
military."  He believes it would be in the interest of justice to consider
his case because he has dementia that is possibly linked to his PTSD
(posttraumatic stress disorder).

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 May 1966, the date of his discharge.  The application
submitted in this case is dated 24 November 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.  The applicant's records show he entered active duty on 11 January 1961,
completed training, and was awarded the military occupational specialty
(MOS) 36A (Wireman).

4.  He served in Korea from 6 June 1961 through 4 September 1962 and
reenlisted on 31 August 1963.  There is no indication of any disciplinary
problems during this period of service.

5.  On 26 January 1965, the applicant requested and was granted a one year
extension of his tour of duty in Italy.  The recommendation indicated that
the applicant was an asset in a critical MOS and had no negative entries in
his record.

6.  On 27 January 1965 the applicant received nonjudicial punishment (NJP)
under Article 15, Uniform Code of Military Justice, for leaving the base
without proper authority and for missing bed check.

7.  Additionally, in January 1965 he was found to be at fault in an off
base automobile accident.  The specifics of this accident are not contained
in the available records.

8.  The applicant received NJP, on 25 September 1965, for urinating on a
sleeping Soldier.  The applicant appealed this NJP stating he had been
drinking and returned late to the barracks to go to sleep.  He states he
did not intentionally commit the act but did it in his sleep.  His appeal
was denied.

9.  On 27 November 1965 he received NJP for being out of proper uniform by
appearing in public in civilian clothes without a tie or coat.

10.  On 21 December 1965, in conjunction with a proposed separation action,
the applicant underwent a psychiatric evaluation.  He was diagnosed as
having a borderline pathological personality with occasional antisocial
actions.  The reporting psychiatrist indicated that although the applicant
was a fairly acceptable Soldier his usefulness was diminished by his lack
of motivation.  He was psychiatrically cleared for any appropriate
administrative action.

11.  On 4 January 1966, he received NJP for being AWOL and for being
belligerent to an MP (military policeman).

12.  On 27 January 1966 he received NJP for breaking restriction.

13.  On 18 February 1966 a special court-martial found the applicant guilty
of breaking arrest and being AWOL (absent without leave).  His sentence was
to be confined for 3 months and to forfeit $83.00 pay per month for three
months.

14.  A 22 March 1966 AE Form 2183 (Enlisted Personnel Data Sheet) indicates
he had a civilian trial pending for public drunkenness and drunk driving.
A special court-martial was also pending for these offenses.

15.  On 25 March 1966, the applicant's unit commander notified him that he
was proposing separation action.  The applicant was advised of his rights
and waived his right to have counsel, to have his case heard by a board of
officers, and to submit a statement on his own behalf.


16.  The documentation related to his discharge proceedings includes
several statements from officers and NCOs (noncommissioned officers) that
state the applicant was a good Soldier until he purchased a car in December
1964.  From that point on his off duty conduct deteriorated severely.  He
had his driver's license suspended twice and then revoked.  They report
that the applicant was involved in several incidences of public drunkenness
and disturbing the peace.  It was also noted that the command had received
two letters indicating that the applicant was not meeting his financial
responsibilities.

17.  The discharge authority approved the separation, directed that the
applicant be discharged under Army Regulation 635-208, and that he be given
an undesirable discharge certificate.

18.  The applicant was discharged on 20 May 1966 under the provisions of
Army Regulation 635-208 for misconduct based on frequent incidents of a
discreditable nature with civilian or military authorities.  He had 2
years, 6 months, and 5 day of creditable service with 75 days of lost time.

19.  There is no indication the applicant applied to the Army Discharge
Review Board within its 15-year statute of limitations for filing.

20.  Army Regulation 635-208, in effect at the time, provided the authority
for discharging enlisted personnel for unfitness.  Separation action was to
be taken when the commander determined that the best interest of the
service would be served by eliminating the individual concerned and
reasonable attempts to rehabilitate or develop the individual to be a
satisfactory Soldier were unlikely to succeed.  Unfitness included frequent
incidents of a discreditable nature with military or civil authorities and
an established pattern of shirking.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided no documentation nor does the record contain
any indication of the alleged incident that he contends was the cause of
his misconduct.

2.  There is no evidence in the available records which would indicate that
the applicant complained of, suffered from, or was treated for any mental
or nervous condition while he was serving on active duty; that he was
unable to distinguish right from wrong; or that he was unable to adhere to
the right.


3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 May 1966; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 19 May 1969.  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

__CAK ___  __JNS_  ___ENA__  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 N. Slone________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011356                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050915                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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