RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 September 2005
      DOCKET NUMBER:  AR20050002001


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Mr. Richard Dunbar                |     |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, reconsideration of his previous
application to change his undesirable discharge to a medical discharge.

2.  The applicant states, in effect, he was seriously injured while
performing his duties.  He contends there are several errors and missing
documents in the previous consideration by the Army Board for Correction of
Military Records (ABCMR) in Docket Number AR2004104143.  He claims the
Request for Physical and Psychiatric Examination, dated 1 December 1964, is
false and that he saw the final physical and mental record.  He argues that
since the Board could produce documents with detrimental accusations then
it could have found his medical records from Womack Army Hospital which
show that he was operated on in May 1963 and released with a permanent L-3
profile.  He points out that Docket Number AR2004104143 indicates that he
trained as a medical corpsman; however, he was originally trained as an
infantryman and served in an infantry company until May 1964.  He also
states that his main contention is the fact the Board will not consider his
missing records from Womack Army Hospital which support his claim for a
medical board.

3.  The applicant provides no evidence in support of his request for
reconsideration.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
ABCMR in Docket Number AR2004104143, on 30 November 2004.

2.  The applicant's arguments are new evidence which will be considered by
the Board.

3.  The applicant enlisted on 24 September 1962 for a period of 3 years.
He successfully completed basic combat training, advanced individual
training (AIT) in military occupational specialty (MOS) 111.00
(infantryman).  He completed basic airborne training.

4.  On 1 August 1963, the applicant was convicted by a summary court-
martial of failing to obey a lawful general order.

5.  Between 9 January 1964 and 31 July 1964, nonjudicial punishment was
imposed against the applicant on five occasions for failures to repair,
disorderly conduct, being absent without leave (AWOL) from his unit, and
missing bed check.

6.  The applicant was awarded MOS 910.07 (medical corpsman) effective 24
July 1964.

7.  On 31 October 1964, the applicant was convicted by a special court-
martial of being AWOL from 1 September 1964 to 29 September 1964.

8.  The applicant's service personnel records contain a Request for
Physical and Psychiatric Examination, dated 1 December 1964, which
indicates that the applicant received a final physical examination and a
mental examination.  This document also shows that competent medical
authorities determined that there were no disqualifying mental or physical
defects sufficient to warrant disposition through medical channels.

9.  The applicant was notified of his pending separation under the
provisions of Army Regulation 635-208 for unfitness due to frequent
involvement in incidents of a discreditable nature with civil or military
authorities.  On 17 December 1964, after consulting with counsel, the
applicant declined counsel, waived consideration of his case by a board of
officers, and elected not to make a statement in his own behalf.  The
separation authority approved the recommendation for separation and
directed that the applicant be issued an undesirable discharge.

10.  On 26 January 1965, the applicant was discharged with an undesirable
discharge and a characterization of service as under other than honorable
conditions under the provisions of Army Regulation 635-208 for unfitness
due to frequent involvement in incidents of a discreditable nature with
civil or military authorities.  He had served 2 years and 21 days of
creditable active service with 102 days of lost time due to AWOL and
confinement.

11.  There are no service medical records available.

12.  On 4 October 1966, the Army Discharge Review Board denied the
applicant's request for an honorable discharge.

13.  Army Regulation 635-208, in effect at the time, set forth the basic
authority for the separation of enlisted personnel for unfitness.  Section
II of the regulation provided, in pertinent part, for the separation of
personnel for frequent incidents of a discreditable nature with civil or
military authorities.  An undesirable discharge was normally considered
appropriate.

14.  Army Regulation 635-40 governs the evaluation of physical fitness of
Soldiers who may be unfit to perform their military duties because of
physical disability.  The unfitness is of such a degree that a Soldier is
unable to perform the duties of his office, grade, rank or rating in such a
way as to reasonably fulfill the purposes of his employment on active duty.
 Paragraph 4-3, states that an enlisted Soldier may not be referred for, or
continue, disability processing when action has been started under any
regulatory provision which authorizes a characterization of service of
under other than honorable conditions.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the Request for Physical and
Psychiatric Examination, dated 1 December 1964, is false.

2.  Although the applicant contends that the Board could have found his
medical records from Womack Army Hospital, there are no service medical
records available.

3.  The evidence of record supports the applicant's contention that he
originally trained as an infantryman.  Records show the applicant was
awarded MOS 111.00 upon completion of AIT.

4.  There is no evidence of record which shows the applicant was diagnosed
with a medical or mental condition prior to discharge on 26 January 1965.
There is no evidence of record to show he was ever medically unfit to
perform his duties.  In addition, since he separated under a regulatory
provision that authorized a characterization of discharge of under other
than honorable conditions, it does not appear he was eligible for physical
disability processing.  Therefore, there is no basis for a medical
discharge.

5.  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.  He had an opportunity to
submit a statement in which he could have voiced his concerns and he failed
to do so.

6.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

SK_____  BE______  RD_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of
the ABCMR set forth in Docket Number AR2004104143, dated 30 November 2004.




            _Stanley Kelley_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002001                           |
|SUFFIX                  |                                        |
|RECON                   |20041130                                |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19650126                                |
|DISCHARGE AUTHORITY     |AR 635-208                              |
|DISCHARGE REASON        |Unfitness                               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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