RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        04 NOVEMBER 2004
      DOCKET NUMBER:  AR2004104252


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Mr. Jonathon Rost                 |     |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.  In effect, the applicant requests physical disability retirement or
discharge.

2.  The applicant states that he had a nervous breakdown/psychotic break
while on weekend training at Camp Parks, California in 1987.  He was
released from his Reserve obligation, and although given an honorable
discharge, he should have more appropriately been given a medical
discharge.  He is totally disabled per the Social Security because of his
mental health problems.  He requests that any lapse in his request be
attributed to his incompetency.

3.  The applicant provided no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred either in late 1986 or on 17 February 1987 as the applicant
indicates in his request.  The application submitted in this case is dated
in February 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.  The applicant enlisted in the Army Reserve for six years on 20 March
1982.  He completed basic training at Fort Knox, Kentucky in August 1982
and was returned to his Army Reserve unit.  In August 1983 he completed
advanced training at Fort Benjamin Harrison, Indiana.  He returned to his
Reserve unit, the 6211th United States Army Garrison at the Presidio of San
Francisco.  He was promoted to pay grade E-4 on 1 December 1984.

4.  On 8 July 1986 the applicant's commanding officer notified the
applicant that he was initiating action to separate him from the Army
Reserve because of a personality disorder, and that the reasons for his
proposed action were based upon numerous letters from his personal
physician.  His commanding officer informed him of his rights, and stated
that he was suspending action for 45 days to give him an opportunity to
exercise the privileges available to him.  The letter notifying the
applicant was sent by certified mail and receipted for on
18 July 1986.
5.  On 29 August 1986 the Deputy Commander, 6211th United States Army
Garrison, recommended to the 124th Army Reserve Command, that the applicant
be separated under the provisions of Army Regulation 135-178, paragraph 4-
8.  He stated that the applicant was notified of the separation action,
receipted for the notification letter, but had failed to respond.  He
stated that numerous letters had been received from his civilian
psychiatrist attesting to the applicant's mental condition, the most recent
dated 27 June 1986.

6.  Attached to his recommendation was the 27 June 1986 letter from a
doctor in San Francisco, who stated that he continued to see the applicant
on a regular out patient basis and psychotherapy, and that he was also
admitted to a hospital on 4 June 1986, was discharged on 25 June 1986, and
was currently living in a three-quarters way house.  He stated that the
applicant's diagnosis continued to be that of a chronic schizophrenic
reaction manifested by a great deal of depression and suicidal ideation.
He indicated that the applicant continued to be extremely disabled, that he
could not function effectively in the Army Reserve, and that his condition
would persist for at least one year.

7.  The 124th forwarded the recommendation to Sixth United States Army.
That command requested that the Army Reserve Personnel Center approve the
recommendation, indicating that an honorable discharge was contemplated.
On 3 October 1986 the Army Reserve Personnel Center granted authority to
discharge the applicant under the provisions of Army Regulation 135-178,
paragraph 4-8a(4).  There is, however, no evidence showing that the
applicant was discharged.

8.  Army Regulation 135-178 provides for the administrative separation of
enlisted Soldiers from the Army Reserve.  Paragraph 4-8a(4), then in
effect, authorizes the Commander, Army Reserve Personnel Center, to approve
separation for personality disorder.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant did not respond to the
notification of the proposed separation action; consequently, proceedings
continued therewith.  Although evidence concerning his actual discharge is
unavailable, the applicant himself does not dispute the fact that he was
honorably discharged.

2.  Regularity in this case is presumed.  There is no evidence, and the
applicant has not provided any, to the contrary.

3.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 February 1987, the date the
applicant states that he was discharged; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 16 February 1990.  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

__MM___  __JA____  ___JR___  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.




                                  ______Melvin Meyer________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104252                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041104                                |
|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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