RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             OCTOBER 5, 2004
      DOCKET NUMBER:     AR2004101950


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Larry C. Bergquist            |     |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 an upgrade of his discharge.

2.  The applicant states, in effect, that the VA (Department of Veteran
Affairs) has diagnosed him as being bi-polar and he has been bi-polar all
his life.

3.  The applicant provided no documentary evidence in support of his
application for an upgrade of his discharge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice that
occurred on 11 September 1981.  The application submitted in this case is
dated 23 December 2003.

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.  The applicant was inducted in the Army of the United States on 29
November 1960.  On 29 March 1961, the applicant was honorably discharged
for the purpose of immediately enlisting in the Regular Army.  On 30 March
1961, the applicant enlisted for 3 years at Fort Bliss, Texas.

4.  The applicant successfully completed basic combat training at Fort
Knox, Kentucky, and his advanced individual training at Fort Bliss, Texas.
He was awarded the primary military occupational specialty (MOS) 174.00,
Air Defense Missile Crewman.

5.  On 9 August 1961, the applicant was convicted, pursuant to his pleas,
by a Special Court-Martial that was convened by Headquarters, U.S. Army
Personnel Center, Fort Dix, New Jersey, for absenting himself from the U.S.
Army Overseas Replacement Center on 17 May 1961 and remaining absent until
on or about 19 June 1961.  The applicant was sentenced to be confined at
hard labor for
2 months, to be reduced to the rank and pay grade of Private, E-1, and to
forfeit $40.00 pay per month for 2 months.  The sentence was approved and
ordered executed on 9 August 1961.

6.  The applicant's DA Form 24, Service Record, in Section 6 (Time Lost
Under Section 6(a) APP 2b MCM and Subsequent to Normal Date ETS), shows
that the applicant was confined for the period from 19 June 1961 through 27
September 1961, a total of 101 days.

7.  On 6 November 1961, the applicant was convicted, pursuant to his pleas,
by a Special Court-Martial that was convened by Headquarters, U.S. Army
Personnel Center, Fort Dix, New Jersey, for absenting himself from the U.S.
Army Overseas Replacement Center on 2 October 1961 and remaining absent
until on or about 23 October 1961.  The applicant was sentenced to be
confined at hard labor for 6 months and to forfeit $55.00 pay per month for
6 months.  The sentence was approved and ordered executed on 6 November
1961.

8.  On 11 December 1961, the applicant underwent a neuropsychiatric
examination at Walson Army Hospital, Fort Dix, New Jersey.  The applicant
was diagnosed to have no neuropsychiatric disease.  He was not found to be
insane, possessed sufficient mental capacity to know the difference between
right and wrong, able to adhere to the right and refrain from the wrong and
was considered mentally responsible for his acts.  The examining
psychiatrist recommended that no further attempts at rehabilitation be made
and that he be placed before a board of officers with a view toward
separating the applicant from the service.

9.  On 5 January 1962, the applicant's commander recommended that the
applicant be separated from the service under the provisions of Army
Regulation (AR) 635-208 and furnished an undesirable discharge.  In his
recommendation, the commander stated that the applicant was considered
unfit for further service due to his record of misconduct.  Attempts at
rehabilitation had been made but the applicant was not amenable to
rehabilitation.

10.  After consulting with counsel the applicant waived his right to appear
before a board of officers and to submit matters in his own behalf on 10
January 1962.

11.  The appropriate authority, a major general, approved the
recommendation for the applicant's discharge on 6 February 1962 and
directed that he be furnished an Undesirable Discharge Certificate.
12.  On 8 February 1962, Special Court-Martial Orders 72 were published by
the U.S. Army Training Center, Infantry, Fort Dix, New Jersey.  The
unexecuted portion of the sentence to confinement at hard labor for 6
months was remitted effective 12 February 1962.

13.  The applicant was discharged under other than honorable conditions
on 12 February 1962, under the provisions of AR 635-208 and was given a
Separation Program Number (SPN) 28B (unfitness – involved in frequent
incidents of discreditable nature with civil or military authorities).

14.  The applicant applied to the Army Discharge Review Board (ADRB) for an
upgrade of his discharge on 13 November 1980.  The ADRB determined that he
had been properly discharged and denied his request on 11 September 1981.

15.  AR 635-208, in effect at the time, set forth the basic authority for
the separation of enlisted personnel by reason of unfitness for those
individuals involved in frequent incidents of a discreditable nature with
civil or military authorities.  An undesirable discharge was normally
considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that he is bi-polar and has been all his
life were noted; however, the evidence of record does not support his
contentions.

2.  The applicant underwent a neuropsychiatric examination before a
recommendation for his discharge was processed and he was found sane and
free of neuropsychiatric disease.

3.  It appears that the applicant’s administrative separation was
accomplished in compliance with applicable regulations with no violations
or procedural errors which would tend to jeopardize his rights;
accordingly, the type of discharge directed and the reasons therefore were
appropriate considering the facts of the case.

4.  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.
5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 September 1981, therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 September 1984.  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

kn______  jm______  lb______  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.




            ___Kathleen A. Newman___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004101950                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041005                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19620212                                |
|DISCHARGE AUTHORITY     |AR 625-208                              |
|DISCHARGE REASON        |Frequent Incidents of Discreditable     |
|                        |Nature                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  360  |144.0000                                |
|2.  394                 |144.0133                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



-----------------------
[pic]