RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050014035


      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. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Maria J.N. Troup              |     |Member               |
|     |Mr. William F. Crain              |     |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, that his discharge under honorable
conditions be upgraded to an honorable discharge (HD).

2.  The applicant states, in effect, that his discharge should be upgraded
and that the reason for discharge should be changed to “Convenience of the
Government“.  He believes that he served his country with valor and that he
is suffering from Post Traumatic Stress Disorder (PTSD).

3.  The applicant provides a copy of his separation document (DD Form 214)
and a self-authored letter in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 August 1974, the date he was separated from active
duty.  The application submitted in this case is dated 21 September 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’s record shows that he enlisted in the Regular Army and
entered active duty on 29 January 1971.  He was trained in and awarded
military occupational specialty (MOS) 94B10 (Cook) and the highest rank he
attained while serving on active duty was pay grade (E-4).

4.  On 12 May 1972, while assigned to a unit in the Republic of Vietnam,
the applicant accepted nonjudicial punishment (NJP), for disobeying a
lawful order by allowing two unauthorized Vietnamese National females in
his barracks quarters.  His imposed punishment was a forfeiture of $20.00
pay.

5.  On 6 February 1973, while assigned to a unit at Fort Riley, Kansas, the
applicant was convicted by a Special Court-Martial (SPCM) of being absent
without leave (AWOL) from 6 July 1972 to 9 January 1973.  He was sentenced
to a reduction to pay grade E-1, confinement at hard labor for 2 months and
a forfeiture of $75.00 pay per month for 6 months.

6.  On 27 July 1973, while assigned to a unit at Fort Sill, Oklahoma, the
applicant accepted NJP, for three incidents of failure to repair.  His
imposed punishment was a forfeiture of $120.00 pay per month for 2 months
(suspended for 3 months) and 30 days restriction and extra duty.

7.  On 20 August 1973, the applicant was formally counseled for
indebtedness problems.

8.  On 6 November 1973, the applicant received a Bar to Enlistment/
Reenlistment Certificate.  The bar was based on the applicant’s failure to
repair, indebtedness, and poor job performance.

9.  On 6 December 1973, the applicant accepted NJP, for failure to repair
and for disobeying a lawful order.  His imposed punishment was a forfeiture
of $100.00 pay per month for 2 months (suspended for 3 months), a reduction
to pay grade
E-1 (suspended for 3 months), and 14 days restriction.

10.  On 31 January 1974, the applicant was convicted by a SPCM of being
AWOL from 18 to 28 December 1973 and for breaking restriction.  He was
sentence to 21 days hard labor without confinement.

11.  On 21 March 1974, the applicant received notification to appear before
a board of officers convened under the provisions of Army Regulation 635-
200, chapter 13, for the purpose of determining whether he should be
discharged before his expiration of his term of service.

12.  On 15 July 1974, a board of officers convened under provisions of Army
Regulation 635-200, chapter 13, to determined whether the applicant should
be discharged from service.  After conducting the hearing and considering
the evidence presented.  The board found that the applicant was undesirable
for further retention in the military service because of unfitness and
recommended that he be discharged from service because of unfitness with
the issuance of an Undesirable Discharge Certificate.  On 29 July 1974, the
recommendation was approved.

13.  On 1 August 1974, the applicant was discharged accordingly.  The DD
Form 214, he was issued confirms he completed a total of 2 years, 11 months
and
1 day of active military service and 215 days of time lost.  The
applicant’s separation documents also shows that he was awarded the
National Defense Service Medal, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with Device 60, the Overseas Service Bar and the
Marksman Marksmanship Qualification Badge with Rifle.

14.  The applicant’s Official Military Personnel File (OMPF) contains
medical documents, however, the medical documents do not indicate that he
was treated for or suffered from a psychologically or medically
disqualifying condition while he was on active duty, or at the time of his
discharge.

15.  PTSD, an anxiety disorder, was recognized as a psychiatric disorder in
1980 with the publishing of the Diagnostic and Statistical Manual of Mental
Disorders (DSM), and is described in pages 424 through 429 of the current
DSM.  However, at the time of the applicant’s discharge, the Army used
established standards and procedures for determining fitness for entrance
and retention and utilized those procedures and standards in evaluating the
applicant at the time of his discharge.

16.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel for (unfitness).  Chapter 13 contains the
policy and outlines the procedures for separating individuals for
unfitness, and provides, in pertinent part, that commanders will separate a
member under this chapter when, in the commander's judgment, the member
will not develop sufficiently.  When separation for unfitness was warranted
an undesirable discharge was normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The contentions of the applicant were carefully considered and found to
be insufficient in merit.   The evidence of record provides no indication
that the applicant was ever treated for or suffered from a disqualifying
psychological or medical condition while he was on active duty.

2.  The applicant’s military record shows that he had an extensive
disciplinary history of military infraction and based on his record of
indiscipline, the applicant's service clearly shows that his discharge was
appropriate because the quality of service determined at the time of
discharge was not consistent with the Army’s standards for acceptable
personal conduct and performance of duty by military personnel.  Therefore,
he is not entitled to an upgrade of his discharge.

3.  After carefully evaluating the evidence submitted by the applicant and
the evidence of record in this case, it is determined that the applicant’s
discharge processing was conducted in accordance with law and regulations
applicable at the time and that the character of his service is
commensurate with his overall record of military service.  The evidence of
record confirms that the applicant’s rights were fully protected throughout
the separation process.  The record further shows the applicant’s discharge
accurately reflects his overall record of undistinguished service for that
period of service.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 August 1974; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
31 July 1977.  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

__WDP__  __MJNT_  ___WFC_  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.




                                        _William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/07/20                              |
|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.                      |                                        |


-----------------------
[pic]