RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 AUGUST 2006
      DOCKET NUMBER:  AR20050015484


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Yoland Maldonado              |     |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 the reason and authority for
his discharge on his 1963 separation document be corrected and that his
service in Japan also be recorded in item 24c (foreign and/or seas service)
on that same document.  The applicant also implies that he should be
restored to active duty because he was not permitted to reenlistment at the
time of his 1963 discharge.

2.  The applicant states that he returned from overseas in 1961 and as such
the reason and authority (early separation of overseas returnees) on his
1963 separation document cannot be correct.  He also states that while item
24c on his 1963 separation document reflects his service in Germany he
notes it does not reflect his 2 years of service in Japan.

3.  The applicant explains that the day prior to his separation from active
duty in 1963 he was in the process of reenlisting when he was told that he
would not be reenlisting but would be discharged instead.  He states he was
never given a reason for being denied his reenlistment and had intended to
serve in the Army for 30 years.  He notes he had already served a little
more than 9 years.  The applicant states that he attempted to find out the
reason he was not allowed to reenlist and was never able to find out why.
He states that several people told him he was getting a raw deal.  He
believes the denial may have stemmed from an incident in 1959 when he was
in Germany and wrote his congressional representative after an officer’s
wife questioned his duties and responsibilities.

4.  The applicant provides extracts from his military personnel file,
including copies of a commendation initiated by the Secretary of The Army
thanking supporters of operations in Mississippi, and says his record
should speak for itself.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 August 1963.  The application submitted in this case
is dated
24 October 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.  Records available to the Board indicate the applicant initially entered
active duty on 27 January 1954 and was discharged for the purpose of
immediate reenlistment on 12 August 1954.  On 12 August 1957 he was
discharged again for the purpose of immediate reenlistment.  It was during
his period of service between 1954 and 1957 when he served in Japan.  His
service in Japan is recorded in item 24c on his 1957 separation document.
On 13 August 1957 he reenlisted for a period of 6 years thereby
establishing his scheduled separation date as 12 August 1963.

4.  Between April 1958 and March 1961 the applicant did serve in Germany.

5.  Following his return to the United States in March 1961 the applicant
was initially assigned to a military police unit at Fort Dix, New Jersey.
In August 1961 he was AWOL (absent without leave) for 2 days and in
September 1961 he was AWOL for 1 day.  His 3 days of lost time were added
to his original separation date thereby reestablishing his scheduled
separation date as 15 August 1963.

6.  In February 1963 he was convicted by a summary court-martial of failing
to pay just debts.

7.  In March 1963 he was reassigned to a Training Regiment at Fort Dix.

8.  A 26 June 1963 statement titled “Statement of Intent to Reenlist”
indicates the applicant did not have sufficient remaining service to
complete a normal overseas tour and as such had agreed to reenlist within
24 hours subsequent to the date of his scheduled discharge date (15 August
1963).

9.  According to documents in his military file, the applicant, on 11 July
1963 requested that he be granted a waiver of his prior AWOL time in order
to reenlist in the Regular Army.  The recommendation was initially
approved.  However, on 13 August 1963 the applicant’s unit commander
requested that the waiver approval be withdrawn.  The commander noted that
after careful re-evaluation of the applicant’s service record it was
determined that a waiver was inappropriate. He noted that in August 1963
the applicant was part of an experimental 6 week training program in which
platoon sergeants were required to actively participate in teaching basic
Army drill.  The applicant’s commander noted that the applicant proved
himself incapable of performing this duty satisfactorily and was therefore
considered inefficient.  The approval for the applicant to reenlist was
withdrawn and the applicant was honorably discharged on 15 August 1963.
10.  Item 11c on the applicant’s separation document notes he was
discharged under the provisions of paragraph 7 of Army Regulation 635-205,
with a separation code of 411, as an early separation of an overseas
returnee.

11.  Paragraph 7 of Army Regulation 635-205 permitted the early separation
of Soldiers who were on leave or temporary duty from an overseas
organization who, upon completion of such leave or temporary duty would
have less than 60 days before their scheduled separation date.  The
assigned separation code was 411.

12.  Paragraph 11 of Army Regulation 635-200, in effect at the time,
provided for the separation or discharge of Soldiers upon expiration of
their term of enlistment (ETS).  The appropriate separation code for
individuals discharged upon ETS was 201.

13.  Army Regulation 635-5, in effect at the time, established the policies
and provisions for the preparation of separation documents.  It noted that
item 24c would reflect foreign service completed during the period of
service captured on the separation document.

DISCUSSION AND CONCLUSIONS:

1.  Evidence available to the Board indicates that the applicant was
required to secure a waiver of his lost time in order to reenlist.
Although the waiver was initially granted, it was subsequently withdrawn
and he was therefore discharged upon the expiration of his term of service.
 There is no evidence of any error or injustice in that action.

2.  The applicant’s overseas service in Japan was appropriately recorded on
his 1957 separation document.  It would not have been recorded on his 1963
separation document.

3.  The evidence clearly shows that the applicant was not assigned overseas
at the time of his 1963 discharge and as such his separation document
should not have reflected paragraph 7, of Army Regulation 635-205 or early
separation of overseas returnees as the reason and authority of his
separation.  In all likelihood the separation document should have
reflected paragraph 11, Army Regulation 635-200, expiration of term of
service, as the reason and authority for his separation with a separation
code of 201 vice 411.  It would be appropriate and in the interest of
justice to make that correction to his 1963 separation document.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__KN ___  __CM ___  __YM___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing in item 11c
that he was discharged under the provisions of paragraph 11, Army
Regulation 635-200, with a separation code of 201, and a reason of
expiration of term of service.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding his service in Japan to his 1963 separation document and permitting
him to return to military service.




                                  ____Kathleen Newman______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015484                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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