RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050000220


      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. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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, that his discharge under honorable
conditions be upgraded to an honorable discharge (HD).

2.  The applicant provides no specific argument in support of his request.


3.  The applicant provides a copy of his separation document (DD Form 214)
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 December 1974, the date he was separated from active
duty.  The application submitted in this case is dated 7 December 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 record shows that he enlisted in the Regular Army and
entered active duty on 9 February 1973.  He was trained in and awarded
military occupational specialty (MOS) 55B20 (Ammunition Storage &
Operations Specialist) and the highest rank he attained while serving on
active duty was private (E-2).  The record documents no acts of valor,
significant achievement or service warranting special recognition.

4.  Between 17 May 1973 and 14 July 1974, the applicant accepted eight
nonjudicial punishments, for being absent without leave from 11 to 14 May
1973, for three occasions of leaving his place of duty without proper
authority, for the wrongful sale of Marijuana, for the wrongful possession
of Marijuana and for sleeping while on guard duty.  His punishment
included:  Forfeitures, restrictions, extra duties and a reduction to pay
grade E-1.

5.  Between 22 April and 11 July 1974, the applicant was formally counseled
on nine separate occasions for an established pattern of shirking and
frequent incidents of discreditable nature with military authorities.
6.  On 11 July 1974, the applicant received a Bar to Enlistment/
Reenlistment Certificate.  The Bar was based on the applicant’s established
pattern of shirking and frequent incidents of discreditable nature with
military authorities.

7.  On 12 July 1974, the applicant received notification to appear before a
board of officers convened under the provisions of Army Regulation 635-200,
chapter 13, for the purpose of determining whether he should be discharged
before his expiration of his term of service.  The discharge was
recommended because of the applicant’s established pattern of shirking and
frequent incidents of discreditable nature with military authorities.

8.  On 4 October 1974, a board of officers convened under provisions of
Army Regulation 635-200, chapter 13, to determined whether the applicant
should be discharged from service.  After conducting the hearing and
considering the evidence presented.  The board found that the applicant was
undesirable for further retention in the military service because of
unfitness and recommended that he be discharged from service because of
unfitness with the issuance of a General Discharge Certificate.  On 14
November 1974, the recommendation was approved.

9.  On 4 December 1974, the applicant was discharged accordingly.  The DD
Form 214 he was issued confirms he completed a total of 1 year, 9 months
and 23 days of active military service and 3 days of time lost.

10.  There is no indication that the applicant applied to the Army
Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-
year statute of limitations.

11.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel for (unfitness).  Chapter 13 contains the
policy and outlines the procedures for separating individuals for
unfitness, and provides, in pertinent part, that commanders will separate a
member under this chapter when, in the commander's judgment, the member
will not develop sufficiently.  When separation for unfitness was warranted
an undesirable discharge was normally considered appropriate.  However, at
the time of the applicant's separation the regulation provided for the
issuance of a discharge Under Honorable Conditions.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant’s discharge processing
was accomplished in accordance with the governing regulation, to include
consideration of his case by a board of officers.  All requirements of law
and regulation were met and the rights of the applicant were fully
protected throughout the separation process.

2.  The evidence of record also reveals that the applicant had an extensive
disciplinary history of military infractions that ultimately led to his
discharge.  Therefore, given the circumstances in this case, there is
insufficient evidence to grant his request.

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 4 December 1974.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 3 December 1977.  However, he 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

__JEV __  __RJW __  ___RR __  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. Vick_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000220                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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