RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 SEPTEMBER 2005
      DOCKET NUMBER:   AR20050001612


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Bernard Ingold                |     |Member               |
|     |Mr. Michael 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, that the separation authority and
narrative reason for separation on his report of separation (DD Form 214)
be changed to ones that will allow him to receive benefits from the
Department of Veteran Affairs (VA).

2.  The applicant states that at the time, he was taken out of a
psychiatric ward and was told that he could not be discharged unless he
signed away his benefits. He was not all there, was not in his right mind
and had had a nervous breakdown and tried to hurt himself.  He goes on to
state that he ended up trying to kill himself when he returned home.  He
continues by stating that his trouble started during the Iran Crisis while
he was in basic training and he desires to obtain psychiatric and drug
treatment from the VA.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 9 June 1980.  The application submitted in this case is dated
21 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.  He enlisted in Los Angeles, California, on 24 April 1980, for a period
of           3 years, under the combat army unit of choice option for
assignment to the 4th Infantry Division.  He was transferred to Fort
Benning, Georgia, to undergo his     one-station unit training (OSUT).

4.  On 1 May 1980, while in basic combat training, he was counseled by his
drill sergeant regarding his inability to do exercises, his lack of
motivation towards doing exercises, his need to lose weight and his display
of anger when he failed to complete a task.  He was also counseled
regarding his constant reply that he quit and that he could not do what was
required of him.  He was informed that he would receive help, however, he
had to help himself first.

5.  On 3 May 1980, his drill sergeant counseled him regarding his taking a
swing at the senior squad leader and his lack of motivation to participate
and complete training.  He referred the counseling to the commander who
determined that he would consider a trainee discharge after further
observation.

6.  On 9 May 1980, the drill sergeant counseled the applicant after the
applicant had thrown his helmet liner at a lieutenant who was inquiring as
to his condition after returning from sick call and was shouting
profanities at the lieutenant and noncommissioned officers.

7.  The applicant was counseled by the chaplain on 11 May 1980 who opined
that the applicant had trouble adjusting to military life and that he was
not in firm military condition to handle the tough hard-charging challenge
of infantry training.

8.  He underwent a psychiatric evaluation on 13 May 1980 and the examining
official deemed his rehabilitative potential as being very poor, his
motivation to train to be negative, that he was not amenable to mental
health counseling, and that it was unlikely that he would become a
productive soldier.  He also opined that the applicant was mentally
responsible, able to distinguish right from wrong and to adhere to the
right.  He opined that the applicant was an immature individual with poor
insight and judgment who used denial and rationalization.  He cleared the
applicant for any administrative action deemed appropriate by the command.

9.  On 17 May 1980, the applicant’s commander notified him that he was
initiating action to discharge him from the Army under the provisions of
Army Regulation 635-200, paragraph 5-33 and the Trainee Discharge Program
(TDP) due to his lack of desire, motivation, and physical ability to be a
Soldier.  He also stated that the applicant was extremely immature, did not
handle pressure well and was subject to temper tantrums.

10.  The applicant acknowledged he had been advised of his rights and
waived all of his rights, to include the opportunity to submit a statement
in his own behalf.

11.  The battalion commander indicated that the applicant had attempted to
commit suicide twice in the same day by attempting to jump from a moving
vehicle and had to be restrained.  He further indicated that the
applicant’s immaturity, pathetic physical condition and suicidal tendencies
were a liability and recommended immediate discharge.

12.  On 4 June 1980, the appropriate authority approved the request for
discharge and directed that he be furnished an honorable discharge.

13.  Accordingly, he was honorably discharged under the provisions of Army
Regulation 635-200, paragraph 5-33f (2) and the Trainee Discharge Program.
He had served 1 month and 16 days of total active service.

14.  A review of the available records shows that in 1996 the applicant was
incarcerated in a State Prison and at the time he applied to this Board he
was incarcerated in another State Prison.

15.  There is no indication in the available records to show that he ever
applied to the Army Discharge Review Board to have the reason for his
separation changed within that board’s 15-year statute of limitations.

16.  Army Regulation 635-200, in effect at the time, set forth the basic
authority for the separation of enlisted personnel.  Chapter 5 of that
regulation provided, in pertinent part, for the separation of personnel for
unsatisfactory performance or conduct (or both) while in an entry level
status (less than 180 days of active service).  This policy applied to
individuals who have demonstrated that they are not qualified for retention
because they cannot meet the minimum standards prescribed for successful
completion of training and they lack the aptitude, ability, motivation or
self-discipline for military service, or that they have demonstrated
characteristics not compatible with satisfactory continued service.
Personnel separated under that provision would have their service
characterized as honorable or under honorable conditions.  Under current
standards, personnel separated in an entry level status will be separated
with their service uncharacterized.

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 his rights.

2.  The type of discharge directed and the reasons therefore were
appropriate given the circumstances in the case.

3.  The applicant’s contentions have been noted; however, they are not
supported by the evidence of record.  The applicant was counseled soon
after his arrival at basic training regarding his lack of motivation
towards training and he failed to respond to repeated counseling regarding
his behavior, lack of motivation and failure to respond to rehabilitative
efforts by the chain of command.  Accordingly, the appropriate authority
and narrative reason for his discharge were correctly entered on his DD
Form 214 at the time of his discharge.

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 9 June 1980; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 June 1983  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

___JA___  ___BI ___  ___MF __  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 Anderholm____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001612                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19800609                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, PARA 5-33f(2)         |
|DISCHARGE REASON        |TDP-Nonproductive perfomance            |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |191/RSN/AUTH                            |
|1.110.0200              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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