RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          26 October 2005
      DOCKET NUMBER:  AR20050008805


      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. Edmund P. Mercanti            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Baker                |     |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 an
honorable discharge or, in the alternative, that it be corrected to a
medical separation.

2.  The applicant states that he had a previous honorable discharge.  His
physical and mental condition deteriorated after he fell from a guard tower
in Korea, and he was examined by a psychiatrist.

3.  The applicant provides:

      a.  a letter from his wife who states that he suffered from being
molested as a child, which resulted in his going to numerous counseling
sessions.  Even with his mental and emotional problems from the service,
the applicant was an upstanding citizen, maintaining constant employment,
paying child support, getting his General Educational Development (GED)
when he was 46 years old, and being certified as a Master Installer for
Flooring.  She concludes that the applicant is strong spiritually and
otherwise just needs some medical help;

      b.  a psychological evaluation dated 13 August 2005.  In that
evaluation the applicant reported being raped by a female when he was 6
years old, which led to feelings of intense fear or helplessness, intrusive
and distressing recollections of the event, distressing dreams, distress
from exposure to cues related to the event, avoidance of thoughts and
feelings related to the event, diminished participation in significant
activities, feelings of detachment from others, restricted range of affect,
sense of foreshortened future, difficulty falling and staying asleep,
irritability, difficulty concentrating, hyper vigilance, and exaggerated
startle response.  Related to these symptoms, the applicant reported signs
and symptoms of panic attack, including accelerated heart rate, sweating,
trembling, shortness of breath, dizziness, fear of losing control, fear of
dying, paresthesias, and hot flashes.  The psychologist diagnosed the
applicant with post-traumatic stress disorder stemming from childhood
abuse.  Secondary to that diagnosis was major depressive disorder.  The
psychologist also diagnosed the applicant with alcohol abuse and borderline
personality disorder; and

      c.  the applicant’s enlistment and separation physical examinations.




CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 7 May 1965.  The application submitted in this case is dated 8
June 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.  The applicant enlisted in the Regular Army on 7 August 1962 and was
awarded the military occupational specialty of field artillery operations
and intelligence assistant.

4.  On 26 November 1962, the applicant went on sick call complaining that
he had lost his get-up-and-go the preceding 3 weeks.  He was diagnosed with
reactive depression, not profound.

5.  On 25 November 1963, the applicant accepted nonjudicial punishment
under Article 15, Uniform Code of Military Justice, for speeding.

6.  On 9 April 1964, the applicant, then in pay grade E-4, reenlisted for a
bonus.  In conjunction with that reenlistment the applicant took a physical
examination in which he was determined medically qualified for retention.

7.  On 29 June 1964, the applicant was convicted by a Special Court-Martial
of being absent without leave (AWOL) from 10 April to 9 May 1964.

8.  On 1 March 1965, the applicant was given a psychiatric evaluation.  The
applicant was diagnosed with antisocial reaction, existing prior to
service.  The psychiatrist cleared the applicant for separation.

9.  On 4 March 1965, a chaplain interviewed the applicant.  The chaplain
quoted the applicant as telling him, “I can’t stay away from my mother any
more” and saying that he would not return to duty but would probably go
AWOL again.

10.  On 8 March 1965, the applicant was given a separation physical
examination.  In that examination the applicant stated that he had or had
previously suffered from frequent colds, chronic shortness of breath, pain
in his chest, pounding heart, gonorrhea, and motion sickness.  However, he
reported his overall health as “I am in good health.”  The applicant was
found to be medically qualified for separation.

11.  On 5 April 1965, the applicant was convicted by a Special Court-
Martial of being AWOL from 4 November 1964 to 16 February 1965.

12.  On 14 April 1965, the applicant’s commander made a statement that the
applicant was apprehended in his home town by Federal Bureau of
Investigation agents.  At the time of his apprehension, the applicant told
his commander that he went AWOL to go home to see his mother.  He admitted
to being a “mother’s boy” and said “I can’t take the Army anymore.  I just
want to get home.”  He reported getting married to a 17 year old when AWOL
and that his new wife was pregnant.  He added that joining the Army was the
“biggest mistake of his life.”  The applicant stated that he understood
what an undesirable discharge was but still wanted out.

13.  On 14 April 1965, the applicant submitted a statement waiving his
rights in conjunction with his commander’s recommendation to separate him
for unfitness.

14.  On 14 April 1965, the applicant’s commander submitted a request to
separate the applicant for unfitness.  On 4 May 1965, the applicant’s
commander’s recommendation was approved by the appropriate authority.

15.  Accordingly, the applicant was issued an Undesirable Discharge
Certificate on 7 May 1965 for unfitness under the provisions of Army
Regulation 635-208.  He had 4 months and 6 days of active service during
that reenlistment, and had 1 year, 8 months and 2 days of prior active
service.  The applicant had 266 days lost time.

16.  Army Regulation 635-208, then in effect, set forth the policy and
procedures for separation of enlisted personnel for unfitness.  Unfitness
included repeated petty offenses/frequent incidents of a discreditable
nature with military or civilian authorities, sexual perversion, drug
abuse, use of marijuana and an established pattern of dishonorable failure
to pay just debts.  Action to separate an individual was to be taken when,
in the judgment of the commander, rehabilitation was impractical or was
unlikely to produce a satisfactory soldier.  When separation for unfitness
was warranted an undesirable discharge was normally considered appropriate.



DISCUSSION AND CONCLUSIONS:

1.  The applicant was convicted by Special Court-Martial twice.  He had 266
days of lost time.  The applicant stated that if he were returned to duty
he would go AWOL again.  Such conduct certainly warranted an undesirable
discharge.

2.  There is no evidence to show that the applicant fell out of a guard
tower, or had any other disabling injury while he was on active duty.  In
the interviews the applicant had with his commander and the chaplain, the
applicant stated that he wanted to go home to his mother.  However, it is
noted that the applicant’s periods of AWOL commenced shortly after he
reenlisted with a bonus.

3.  The applicant was psychiatrically cleared for separation and was
determined to be medically qualified for separation.  The applicant himself
stated during his separation physical examination that he was in good
health.  As such, there was no basis for considering the applicant for a
medical separation.

4.  A psychiatric evaluation conducted over 40 years after the applicant’s
discharge does not establish that he suffered from a mental condition while
he was on active duty.  In addition, the psychiatric evaluation concluded
that the applicant’s primary problem was PTSD which was caused by an event
which occurred when the applicant was 6 years old.  As such, the
applicant’s PTSD is not service connected

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 May 1965; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 May 1968.  However, 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

____jev__  ____cvm  ____lmb_  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. Vick___________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050008805                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051026                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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