RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20050001930


      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. 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, an upgrade of his discharge.

2.  The applicant states, in effect, that he was promoted to pay E-4 and
shortly thereafter, he was discharged with an undesirable discharge (UD)
and without a hearing or a summary court-martial.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 1 April 1966.  The application submitted in this case is
dated
26 February 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.  On 17 January 1962, the applicant enlisted in the Regular Army, with 3
years of prior service in the United States Marines.  He was trained in and
awarded military occupational specialty (MOS) 52B10 (Power Generator
Specialist).  The highest rank that he attained was pay grade E-4.

4.  On 12 November 1963, the applicant accepted nonjudicial punishment
(NJP) for failure to report to his appointed place of duty.  His imposed
punishment was a forfeiture of $38.50 pay, 14 days restriction and extra
duty.

5.  Between May 1965 and January 1966, the applicant accepted four NJP’s
for two occasions of leaving his appointed place of duty without proper
authority and two occasions of disobeying a lawful order.  His punishment
included forfeitures, restrictions, extra duties and a reduction to pay
grade E-3.

6.  On 17 January 1966, the applicant was convicted by a Special Court-
Martial of disobeying a lawful order and for carelessly discharging a rifle
in a tent.  He was sentence to a reduction to pay grade E-2 and a
forfeiture of $85.00 pay.
7.  On 2 February 1966, the findings of guilty and the sentence in the
special court-martial case were set aside.  All rights, privileges, and
property of which the accused was deprived by virtue of the findings of
guilty were restored.

8.  On 12 February 1966, the applicant’s unit commander submitted a
recommendation that the applicant be separated under the provisions of Army
Regulation 635-208, by reason of unfitness, because of the applicant’s
habitual minor infractions of rules and regulations and anti-social acts.
The unit commander further states that rehabilitative efforts were
attempted numerous times; none of the efforts had any effect in attempting
to rehabilitate the applicant.

9.  On 19 February 1966, the applicant acknowledged receipt of
correspondence that advised him of the basis for the contemplated
separation action and of his right to be represented by counsel at a
hearing.  He waived his right to have his case considered by a board of
officers.

10.  The separation authority approved the applicant’s discharge and
directed that he be reduced to the lowest enlisted grade and be furnished
an Undesirable Discharge Certificate.  On 1 April 1966, the applicant was
discharged accordingly.  The separation document (DD Form 214) he was
issued confirms he completed 4 years, 3 months and 12 days of creditable
active military service during this service period.

11.  Army Regulation 635-208, in effect at the time, set forth the basic
authority for the separation of enlisted personnel.  It provided for the
separation of members for unfitness based on frequent incidents of
discreditable service.  An UD was normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for an upgrade of his UD was carefully
considered.  However, there were no mitigating factors presented that
warrant an upgrade of his discharge at this time.

2.  The evidence of record further confirms the applicant’s separation
processing 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.  Further,
the applicant’s UD accurately reflects his overall record of
undistinguished service.

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 1 April 1966; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
31 March 1969.  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                 |AR20050001930                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050922                                |
|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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