RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050006816


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |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 that his undesirable discharge be upgraded to a
general discharge.

2.  The applicant states, in effect, his discharge should be upgraded based
on his medical condition, "tremors", and alcoholism which caused him to go
AWOL.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); a two-page self-authored
letter, dated 26 April 2005; and two letters from civilian physicians.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 1 June 1965, the date of his separation.  The application
submitted in this case is dated 28 April 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 2 October 1962, for a
period of 3 years.  After completion of basic and advanced individual
training, the applicant was awarded the military occupational specialty
723.10 (Communication Center Specialist).  The applicant served in Korea
for the period 31 March 1963 through 7 April 1964.

4.  Section 6 (Time Lost) of the applicant's DA Form 24 (Service Record)
shows he was absent without leave (AWOL) for the following periods:  from 9
June 1964 through 21 June 1964; from 6 July 1964 through 12 July 1964; from
16 August 1964 through 7 September 1964; and from 6 October 1964 through 7
March 1965.  Section 6 of the DA Form 24 also shows the applicant was
confined during the period 8 March 1965 through 31 May 1965.


5.  Mental Hygiene Consultation Service (MHCS) Certificate, dated 6 April
1965, shows that on 5 April 1965, the applicant underwent an examination
and the examining medical officer diagnosed the applicant with "Passive
Dependent Reaction."  The examining medical officer stated the applicant
has no evidence of neurosis or psychosis and he is obviously quite nervous
and anxious and seemed mildly depressed.

6.  The examining medical officer concluded the applicant has no
disqualifying mental or physical defect sufficient to warrant disposition
through medical channels, that he is mentally responsible, able to
distinguish right from wrong and to adhere to the right, has mental
capacity to understand and participate in board proceedings, and is able to
cooperate in his own defense.

7.  The examining medical officer opined that, if the applicant continues
with the stress and strain of Army life, it could lead to his becoming
seriously mentally disturbed.  In conclusion, the examining medical officer
recommended the applicant be separated from the military based on the
severity of his character and behavior disorder.

8.  On 20 April 1965, the applicant was notified by his commander that he
was being recommended for discharge under the provisions of Army Regulation
635-208 (Personnel Separations Discharge – Unfitness).  The applicant
waived his rights to representation by his appointed counsel, to personally
appear or have his case considered by a board of officers, and to submit
any statements on his own behalf.

9.  The applicant's service records contain Standard Form 89 (Report of
Medical History), dated 23 April 1965, which shows in item 17 (Statement of
Examinee's Present Health in Own Words) the entry "I am in good health as
far as I know."  The applicant signed this form in his own hand.

10.  U.S. Army Engineer Center Brigade Special Court-Martial Order Number
132, dated 27 April 1965, shows the applicant was tried and convicted of
four specifications of AWOL.  The resultant sentence included confinement
at hard labor for three months, reduction in pay grade to E-1, and
forfeiture of $28.00 per month for three months.

11.  On 28 April 1965, the applicant's unit commander submitted a
recommendation to separate the applicant from the military under the
provisions of paragraph 3a of Army Regulation 635-208.  The unit commander
stated the applicant has been convicted by one special court-martial and
has a total of 247 days of lost time due to AWOL and confinement.  The unit
commander also
stated the applicant had been counseled on numerous occasions in order to
rehabilitate him; however, it was unsuccessful and that further assignment,
counseling, or disciplinary action would be of no avail.

12.  The applicant's service records contain an undated memorandum, wherein
the major general, in command of the U.S. Army Engineer Center and Fort
Belvoir [Virginia] approved the recommendation to discharge the applicant
under the provisions of Army Regulation 635-208 and directed that he be
issued an Undesirable Discharge Certificate.

13.  The applicant's DD Form 214 shows that he was discharged on 1 June
1965, under the provisions of Army Regulation 635-208, by reason of
unfitness, due to frequent incidents of a discreditable nature, and
furnished an Undesirable Discharge Certificate.  He had served 1 year,
10 months and 23 days of active Federal service with 281 days of lost time
due to AWOL and confinement.  This document was authenticated in the
applicant's own hand.

14.  The applicant submitted a letter, date 26 April 2005, which states he
joined the Army in hopes to build up his self-esteem and worthiness.  He
continues that his AWOL problems started on 9 June 1964 when he returned
from Korea.  The applicant further stated that while stationed in Korea, he
often spent his days off at the "Club" where he consumed alcohol.

15.  The applicant continues that he started to develop "tremors" and would
go to sick call to speak to someone about them; however, could not get the
help he needed.  He further states a neurologist informed him, but does not
know why it works, that "alcohol removes the tremors."  The applicant
stated he started drinking more frequently and would have personality
changes which would make him become out of control with reality and which
contributed to him going AWOL.

16.  The applicant states that he had tried to be a good Soldier; however,
at that time, he was unable to perform.  The applicant concludes his
discharge has truly been a burden upon him over the years and he asks the
Board to consider the circumstances of his request to upgrade his
discharge.

17.  The applicant submitted a letter, dated 28 October 1985, from
Winchester Neurological Consultants, Inc., in which a medical doctor states
that the applicant was referred to him for a medical condition, "tremors."
The examining doctor continued that a review of the applicant's family
history indicates that his mother and maternal grandfather also suffered
from the condition.  The examining doctor
indicated that the applicant first noticed the "tremors" when he was in the
military and that when he drank alcohol, the tremors diminished.  The
examining doctor stated that the tremors were stress related.

18.  The examining doctor noted that, as the years went by, the applicant's
tremors and use of alcohol got worse.  The examining doctor concluded that
with medication, the tremors could be controlled.

19.  The applicant submitted a letter, dated 6 April 2005, from Brook Lane
(A Continuum of Mental Health Services), in which the examining physician,
a psychiatrist, stated that he has been seeing the applicant since 1987.
The psychiatrist continues that he treats the applicant for severe
depression which is associated with the extensive history of alcoholism.
The psychiatrist further states the applicant has been able to maintain
short periods of sobriety and maintain a full-time job.

20.  The psychiatrist states that he reviewed with the applicant the
reasons for his AWOLs while in the military and concluded that the cause
for this misconduct was the applicant's alcoholism.  Therefore, the
psychiatrist supports the applicant's request for upgrade of his discharge.

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

22.  Army Regulation 635-208, in effect at the time, set forth the basic
authority for the separation of enlisted personnel.  Paragraph 3a of the
regulation provided, in pertinent part, that members involved in frequent
incidents of a discreditable nature with civil or military authorities were
subject to separation for unfitness.  An undesirable discharge was normally
considered appropriate.

23.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations), paragraph 3-7, provides that an honorable discharge is a
separation with honor and entitles the recipient to benefits provided by
law.  The honorable characterization is appropriate when the quality of the
member's service generally has met the standards of acceptable conduct and
performance of duty for Army personnel (emphasis added), or is otherwise so
meritorious that any other characterization would be clearly inappropriate.
 Whenever there is doubt, it is to be resolved in favor of the individual.


24.  Army Regulation 635-200, paragraph 3-7, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the soldier’s separation specifically allows such
characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his discharge should be upgraded because
his periods of AWOL were a result of his alcoholism.

2.  Evidence shows the applicant's alcoholism started prior to entering the
service and his service records show that he was in "good health" at the
time of his discharge with no indication regarding "tremors."

3.  Contrary to his contentions, there is no documentation in his service
records which shows he asked for help or was treated for either condition
while serving in the Army.

4.  Evidence shows the applicant underwent a psychiatric evaluation prior
to being discharged which diagnosed him with "Passive Dependent Reaction."
The examining medical officer concluded that with the continued stress and
strain of Army life, the applicant's condition could get worse; therefore,
the examining medical officer recommended the applicant be discharged.
There is no indication that the applicant was being discharged for
alcoholism.

5.  Evidence shows the applicant was tried and convicted by special court-
martial for the several periods of AWOL.

6.  Trial by court-martial was warranted by the gravity of the offense.
Conviction and discharge were effected in accordance with applicable law
and regulations, and the discharge appropriately characterizes the
misconduct for which the applicant was convicted.

7.  Based on this record of indiscipline, the applicant's service clearly
does not meet the standards of acceptable conduct and performance of duty
for Army personnel.  Additionally, his service is deemed unsatisfactory in
view of his extensive record of AWOL and his confinement.  Therefore, he is
not entitled to either a general or an honorable discharge.

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

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 June 1965; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 31 May 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

_MJF____  _LDS____  _MKP__  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.




                                     _Margaret K. Patterson__
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050006816                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |1965/06/01                              |
|DISCHARGE AUTHORITY     |AR 635-208                              |
|DISCHARGE REASON        |Unfitness                               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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