RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                              06 OCTOBER 2005
      DOCKET NUMBER:         AR20050000260


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Laverne Berry                 |     |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 her general discharge be upgraded to
honorable.

2.  The applicant states that she needs an honorable discharge in order to
obtain a higher level of employment and it has come to her attention that
she should have received an honorable discharge.  She goes on to state that
nonjudicial punishment (NJP) was imposed against her once and she continued
to serve honorably until the expiration of her term of service (ETS).  She
also states that she deserves an explanation of why she received a general
discharge instead of an honorable discharge.

3.  The applicant provides a copy of her report of separation (DD Form
214).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the Board consider all mitigating and extenuating
circumstances of her case, to include the impetuosity of her youth in
granting her request for an upgrade of her discharge.

2.  Counsel states, in effect, that the infractions committed by the
applicant were not criminal in nature and that she should have received NJP
and fined rather than discharged.  She requests that the Board consider on
the basis of equity that any and all doubt be resolved in favor of the
applicant.

3.  Counsel provides no additional documents in support of the application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 24 September 1971.  The application submitted in this case is
dated
21 December 2004 and was received on 5 January 2005.

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.  She was born on 12 September 1949 and enlisted in Richmond, Virginia,
on 22 September 1969 for a period of 3 years.  She was transferred to Fort
McClellan, Alabama, to undergo her basic training and advanced individual
training (AIT) as a clerk typist.  She did not complete her AIT as a clerk
typist and was transferred to Fort Sam Houston, Texas, to undergo AIT as an
operating room specialist.

4.  She successfully completed her AIT as an operating room specialist, was
advanced to the pay grade of E-3 on 26 March 1970, and was transferred to
Fort Lee, Virginia, for additional on-the-job training (OJT).  She remained
at Fort Lee until 1 July 1970, when she was transferred to Fort Gordon,
Georgia.

5.  On 23 July 1971, NJP was imposed against her for two specifications of
failure to go to her place of duty.  Her punishment consisted of extra duty
and restriction.  She did not appeal her punishment.

6.  On 14 August 1971, the applicant underwent a mental status evaluation
and was determined to be mentally responsible, able to distinguish right
from wrong and to adhere to the right.

7.  On 13 September 1971, the applicant’s commander notified her that she
was initiating action to separate her from the service under the provisions
of Army Regulation 635-212 for unsuitability due to apathy.  The commander
cited as the basis for her recommendation that the applicant’s sense of
responsibility towards her duty section had deteriorated to the point it
was non-existent, that she had been counseled extensively concerning her
negative and sometimes extremely hostile attitude towards her military
obligations, that she had been reported on several occasions for failure to
go to her place of duty on time, that she had been removed from the
promotion list due to poor performance and negative attitude towards her
duties, that she exhibited no motivation for further military service, no
sense of responsibility towards her obligations to the unit or hospital,
and she was unwilling to accept or adjust to the discipline of the
military.

8.  After consulting with counsel, the applicant waived all of her rights
and declined the opportunity to submit a statement in her own behalf.

9.  The appropriate authority approved the recommendation for discharge on
20 September 1971 and directed that she be furnished a General Discharge
Certificate.

10.  Accordingly, she was discharged under honorable conditions on
24 September 1971, under the provisions of Army Regulation 635-212 for
unsuitability.  She had served 2 years and 3 days of her 3 years
enlistment.

11.  There is no evidence in the available records to show that she ever
applied to the Army Discharge Review Board for an upgrade of her discharge
within that board’s 15-year statute of limitations.

12.  Army Regulation 635-212, in effect at the time, set forth the basic
authority for the separation of enlisted personnel for unsuitability due to
apathy, inaptitude, character and behavior disorders and alcoholism.  It
provided, in pertinent part, that members who displayed an apathetic
attitude towards their service obligations and/or military authorities were
subject to separation for unsuitability.  Although an honorable or general
discharge was authorized, an undesirable discharge was normally considered
appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors, which would tend to jeopardize her rights.

2.  Accordingly, the type of discharge directed and the reasons therefore
were appropriate under the circumstances.

3.  The applicant’s contentions have been noted by the Board and while they
are not supported by either evidence submitted with her application or the
evidence of record, they are also not sufficiently mitigating to warrant
relief when compared to her otherwise undistinguished record of service
during such a short period of time.  Her service simply does not rise to
the level of a fully honorable discharge and she did not then or now
provide sufficient mitigating circumstances to explain her conduct at the
time.

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 24 September 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 23 September 1974.  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

___CG__  ____RD  _  ___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.




            ____Curtis Greenway______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000260                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051006                                |
|TYPE OF DISCHARGE       |(GD)                                    |
|DATE OF DISCHARGE       |1971/09/24                              |
|DISCHARGE AUTHORITY     |AR635-212 . . . . .                     |
|DISCHARGE REASON        |UNSUIT                                  |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |547/A40.00                              |
|1.144.4000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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