RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        DECEMBER 9, 2004
      DOCKET NUMBER:  AR2004105121


      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:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 undesirable discharge be upgraded to a
general discharge.

2.  The applicant states that as a mature, responsible adult and parent,
with grown children and as a respected member of his community, he is stuck
with remorse and overcome with the deep felt need to comprehend his foolish
moments of youthful indiscretions and stupidity.  He states that after
having completed his initial period of enlistment, which included combat
service and being wounded in action he was returned to duty with his unit.
He goes on to state that he can only say that the deep shame, isolation and
abandonment that he felt rendered him speechless in his own behalf; and
that looking back now, he knows that what appeared to be acts of rebellion
and flaunting of authority, were cries for attention, love, parental
affection and guidance that was lacking in his young life.  He states that
the abrupt and brutal way of his father’s violent death left him without
the benefit of a concerned, interested and counseling father who he
believes would have stopped him from making the mistakes that he made.  He
states that he has taken his punishment from the military, which included a
reduction in rank, a forfeiture of pay and restriction.  He states that he
is making this appeal based on his initial period of enlistment and the
fact that he fought for his country when he was only 18 years old.  He
states that he does not want his children and his grandchildren to feel
shame, unease or regret when they are told of his wartime experience.  He
states that he believes that he has the right and deserves the privileges
and benefits that have been withheld from him for so many years, as a
wounded soldier who still carries fragments of enemy shells in his back.
He concludes by stating that he hopes that the Board will give him a chance
to defend and justify the errant behavior that stood in the way of what
could have been a professional 20-year career in the service of the United
States.

3.  The applicant provides in support of his application, a letter dated
19 February 2004; a letter dated 7 June 1993; and a letter dated June 1993,
from three of his associates all attesting to his good character and post
service conduct.  He also submits an undated letter from the Assistant
Executive Secretary-Treasurer of the Carpenters’ District Council of
Greater Saint Louis and Vicinity, which indicates that he is a member; a
copy of his certificate of membership with the Carpenters’ District
Council; and a copy of the certificate showing that he was awarded the
Purple Heart.



CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 23 January 1954.  The application submitted in
this case is dated 5 March 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’s military records are unavailable for review.
Information contained herein was obtained from alternate sources.

4.  After completing over 3 years and 8 months of total active service,
from 11 December 1947 through 30 September 1951, and being awarded the
Purple Heart for wounds received in action on 22 September 1950, he
reenlisted in the Army for 3 years on 1 October 1951.

5.  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 23 January 1954, under the provisions
of Army Regulation 615-368, for unfitness, due to habits and traits of
character, which render his retention in the service undesirable.  His DD
Form 214 also indicates that he had 655 days of lost time and that he was
furnished an Undesirable Discharge Certificate.

6.  A review of the available information fails 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.

7.  Army Regulation 615-368, in effect at the time, set forth the basic
authority for the separation of enlisted personnel by reason of unfitness.
That regulation provided for the discharge of individuals who had
demonstrated their unfitness by giving evidence of undesirable habits and
traits of character manifested by misconduct.



DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it is presumed that the
discharge proceedings were conducted in accordance with law and regulations
applicable at the time.

2.  It 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 contention that he was young and
immature at the time, along with the letters that he has submitted in
support of his application attesting to his good post-service conduct.
However, neither of these factors, either individually or in sum, is
sufficiently mitigating to warrant the relief requested.

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 23 January 1954; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 22 January 1957.  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_____  lds _____  mjf  _____  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 H. Meyer__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105121                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041209                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19540123                                |
|DISCHARGE AUTHORITY     |AR 615-368                              |
|DISCHARGE REASON        |583/UNFITNESS                           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  561  |144.6300.0000/DESERTION                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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