RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 JANUARY 2006
      DOCKET NUMBER:  AR20050004818


      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. Gale J. Thomas                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 records be corrected by upgrading his
discharge to honorable.

2.  The applicant states that he was young and had just gotten married and
wanted to see his new wife.  His only error was the extended leave which
was foolish on his part.  He was told by the Army that he could upgrade his
discharge at any time.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 June 1965.  The application submitted in this case is dated
23 March 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 enlisted in the Regular Army on 10 July 1964, for a
period of
3 years.  At the time of his enlistment he was 21 years of age.

4.  On 12 November 1964, the applicant was punished under the provisions of
Article 15, Uniform Code of Military Justice (UCMJ) for failure to go his
appointed place of duty.  His punishment was reduction, forfeiture of pay
and extra duty.

5.  On 16 February 1965, the applicant was convicted by a summary court-
martial of being absent without leave (AWOL) from 2 January 1965 to 1
February 1965.  He was sentenced to confinement at hard labor for 1 month a
forfeiture of pay, and a reduction.





6.  On 15 April 1965, he was convicted by a special court-martial of being
AWOL
from 17 March 1965 to 30 March 1965.  He was sentenced to confinement at
hard labor for 6 months, forfeiture of pay, and a reduction.

7.  On 22 April 1965, the applicant’s command requested that he be given a
physical and psychiatric examination as required by Army Regulation 635-
208.

8.  On 23 April 1965, a medical examination cleared the applicant for
separation.

9.  On 13 May 1965, a psychiatric evaluation diagnosed the applicant with
passive-dependent personality manifested by immaturity, poor judgment,
insecurity, repeated AWOL’s and inability to accept a structured situation.
 It was determined that he had no disqualifying mental defects sufficient
to warrant disposition through medical channels.  He was mentally
responsible, both to distinguish right from wrong and to adherer to the
right, and had the mental capacity to understand and participate in the
board proceedings.  The examining psychiatrist recommended his separation
under Army Regulation 635-208.

10.  On 17 May 1965, the applicant acknowledged that he had been counseled
and notified by his commander that he was recommending his discharge from
the service under the provisions of Army Regulation 635-208, for unfitness.
 The applicant waived consideration of his case by a board of officers,
waived legal counsel and elected not to submit a statement in his own
behalf.  He also acknowledged that he understood the ramifications of
receiving an undesirable discharge.

11.  On 17 May 1965, his unit commander recommended his elimination under
the provisions of Army Regulation 635-208, with an undesirable discharge.

12.  On 27 May 1965, the appropriate separation authority approved the
applicant’s discharge under the provisions of Army Regulation 635-208, for
unfitness, and directed his reduction to Private E-1, and the issuance of
an undesirable discharge.

13.  On 14 June 1965, the applicant was discharged under the provisions of
Army Regulation 635-208, with an undesirable discharge.  His DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge)
indicates he had 7 months and 2 days of creditable service, and 123 days of
lost time.



14.  Army Regulation 635-208, in effect at the time, provided the authority
for discharging enlisted personnel for unfitness.  Separation action was to
be taken when the commander determined that the best interest of the
service would be served by eliminating the individual concerned and
reasonable attempts to rehabilitate or develop the individual to be a
satisfactory soldier were unlikely to succeed.  Unfitness included frequent
incidents of a discreditable nature with military or civil authorities and
an established pattern of shirking.  An undesirable discharge was normally
considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s discharge proceedings were conducted in accordance with
law and regulation applicable at the time.  The type of discharge directed
and the reasons therefore were appropriate considering all the facts of the
case.

2.  The applicant's contention that he was young and foolish at the time is
not sufficiently mitigating to warrant relief. The Board notes that the
applicant was
21 years of age at the time of his enlistment, and almost 22 years of age
at the time of his first AWOL.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 June 1965; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
13 June 1968.  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

__SP ___  __CD ___  __KJ____  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.




                                  ______Shirley Powell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004818                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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