RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20050002216


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 his general discharge be changed to a
medical discharge.

2.  The applicant states that prior to his discharge he was ill and that
medication administered to him caused mental illness.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge), with an effective date of 17 June 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 June 1971.  The application submitted in this case is dated
3 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 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 entered on active duty on 26 February 1971.  He was
assigned the military occupational specialty (MOS) 09B00 (Trainee).

4.  The applicant's records contain a DA Form 2496 (Disposition Form),
dated 12 May 1971, which requested that he be physically and
psychiatrically examined as required by regulations prior to recommendation
for administrative separation from the service.  This form shows that the
applicant was cleared physically and psychiatrically for any administrative
action deemed by the command.  The form states that "subject meets
psychiatric retention standards prescribed in Chapter 3, AR 40-501.

5.  On 1 June 1971, the unit commander recommended that the applicant be
eliminated from the service for unsuitability under the provisions of AR
635-212.  The commander cited inability to assume responsibility and slow
adjustment to military regimen as his reasons.

6.  The commander also noted that a social worker stated that the applicant
has possible sociopathic or self destructive tendencies.  He concluded by
stating that the applicant has shown no positive response to counseling or
efforts at rehabilitation, and is definitely unsuitable for military life.

7.  On 1 June 1971, the applicant waived his right to a board of officers,
to submit statements in his own behalf and to representation by counsel.

8.  On 4 June 1971, the commanding officer accepted the applicant's waiver
of a hearing before a board and approved his discharge from the Army under
the provisions of AR 635-212 because of unsuitability with a General
Discharge Certificate.

9.  Headquarters US Army Armor Center and Fort Knox, Kentucky Special
Orders Number 141, dated 16 June 1971, discharged the applicant by reason
of unsuitability with a General Discharge Certificate, effective 17 June
1971.  The applicant served 3 months and 8 days of his 2 year enlistment.

10.  The applicant's official military records do not contain any medical
files or any information concerning the applicant's alleged illness or
treatment.

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

12.  Army Regulation 635-212 (Discharge-Unfitness and Unsuitability) in
effect at the time, set forth the basic authority for the elimination of
enlisted personnel.  Paragraph 6 of the regulation provided, in pertinent
part, that an individual was subject to separation for unfitness because of
frequent incidents of a discreditable nature with civil or military
authorities; sexual perversion including but not limited to lewd and
lascivious acts, indecent exposure, indecent acts with or assault on a
child; drug addiction or the unauthorized use or possession of habit-
forming drugs or marijuana; an established pattern of shirking; and an
established pattern of dishonorable failure to pay just debts or to
contribute adequate support to dependents (including failure to comply with
orders, decrees or judgments).  When separation for unfitness was warranted
an undesirable discharge was normally considered appropriate.





DISCUSSION AND CONCLUSIONS:

1.  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.

2.  There is no evidence which shows that his discharge processing was
flawed or otherwise improper.  The available records show that the
applicant was properly and equitably discharged in accordance with the
regulations in effect at the time.  Therefore, in the absence of evidence
to the contrary, it is determined that all requirements of law and
regulations were met and that the type of discharge and reason for
separation were appropriate considering all the facts of the case.

3.  In the absence of evidence to show that the applicant's contention that
medications caused him mental illness, there is no basis to grant relief.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 June 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 16 June 1974.  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

___le___  __jed___  __jrm___  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.



                                        Lester Echols
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002216                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19710617                                |
|DISCHARGE AUTHORITY     |AR 635-212                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0135.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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