RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20050000147


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |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, in effect, a change to his U.S. Army and U.S.
Air Force Reserve discharges from honorable to medical based on his
physical disabilities.

2.  The applicant states, in effect, that throughout his entire military
service he suffered from medical problems involving both his hearing and
feet.  He further states that these medical problems caused him to perform
his duties while in pain, but he did not complain and was separated under
honorable conditions, notwithstanding his medical problems.

3.  The applicant provides a self-authored statement in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
2 May 1957, the date of his release from active duty in the U.S. Army.  The
application submitted in this case is dated 12 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 that he was inducted into the U.S. Army on
7 July 1955, and was awarded military occupational specialty (MOS) 640.00
(Light Vehicle Driver).  Available service records show that the applicant
was assigned overseas to the Quartermaster Field Service Company, 3rd
Armored Quartermaster Battalion, 3rd Armored Division in Germany.  He
attained the rank of private first class (temporary) and was honorably
separated from the U.S. Army 2 May 1957 after serving 1 year, 9 months, and
26 days. The applicant’s record documents no acts of valor, significant
achievement, or service warranting special recognition.


4.  The applicant's records contain copies of Morning Reports (SR 335-50-1)
which document the applicant's duty status while serving in Germany.  These
documents show that the applicant was reported sick in quarters on
2 January 1957, and that he returned to duty on 4 January 1957.  These
documents also show that he was reported sick in quarters on 20 February
1957, and returned to duty on 23 February 1957.

5.  The applicant's records contain a copy of a letter from the captain in
command of Field Service Company, 3rd Armored Quartermaster Battalion,
3rd Armored Division (Spearhead), dated 19 April 1957, which shows the
applicant was assigned as a cook while serving in Germany.  The document
also shows that the applicant's job performance, efficiency, and conduct
were outstanding while stationed overseas.

6.  The applicant's service records contain a copy of DA Form 1811
(Physical Status on Release from Active Service), dated 2 May 1957.  This
document shows that the applicant was considered physically qualified for
separation, or for reenlistment, at the time of his release from active
duty.

7.  The applicant's service records contain a copy of his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge), which
shows he was honorably released from active duty 4on 2 May 1957, and was
transferred to the U.S. Army Reserve to fulfill his reserve obligation.

8.  The applicant's records contain a copy of ARPC Form 168 (Allowable
Federal Service), computed on 2 October 2000, which shows the applicant's
creditable service with the U.S. Army has been documented by the U.S. Air
Force.

9.  A review of the applicant's records show that the Air Force Board for
Correction of Military Records, Record of Proceedings, dated 11 April 2002,
determined that he was not eligible to receive Reserve retired pay,
retirement benefits, and be paid retroactively under the 1995 National
Defense Authorization Act.  As a result, the applicant's request pertaining
to his discharge from the U.S. Air Force will not be discussed further in
this Record of Proceedings.

10.  Army Regulation 635-205 (Personnel Separations - Discharge and Release
Convenience of the Government), in effect at the time of the applicant's
release from active duty, provides, in pertinent part, that individuals to
be released from active military service and transferred to the Army
Reserve for the convenience of the government will be furnished a DD Form
217A (Certificate of Service) and DD Form 214.
11.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations) provides that an honorable discharge is a separation with
honor and entitles the recipient to benefits provided by law.  The
honorable characterization is appropriate when the quality of the member’s
service generally has met the standards of acceptable conduct and
performance of duty for Army personnel, or is otherwise so meritorious that
any other characterization would be clearly inappropriate.  Whenever there
is doubt, it is to be resolved in favor of the individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he was improperly separated
from the U.S. Army.  The applicant further contends, in effect, that his
discharge from the U.S. Army should be changed to a medical discharge
because of the medical problems he was suffering from at the time.
However, the applicant provides no documentary evidence to support these
assertions.

2.  The evidence of record shows two instances where the applicant was sick
in quarters, for a total of five days, during his 11 months and 17 days of
service while overseas in Germany.  In both instances, he was returned to
duty.

3.  The evidence of record confirms the applicant received a physical
evaluation at the time of his separation that found him to be physically
qualified for separation, or reenlistment, in the U.S. Army.

4.  The record further confirms the applicant’s separation was accomplished
in accordance with the applicable regulation.  All requirements of law and
regulation were met and the rights of the applicant were fully protected
throughout the separation process.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 May 1957; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
1 May 1960.  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

__JEA __  __BPI ___  __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.




                                  ____James E. Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000147                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19570502                                |
|DISCHARGE AUTHORITY     |AR 635-250 & AR 635-205                 |
|DISCHARGE REASON        |Transfer to USAR                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |144.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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