RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20050015643


      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. Jeanie M. Biggs               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 undesirable discharge (UD)
be upgraded to an honorable discharge.

2.  The applicant states that he has heard voices since age 14 and his
mental condition worsened under the stress of the military experience.  He
was diagnosed with mild paranoid schizophrenia when he was 64 years old, a
condition that began at age 14.  He adds that he went AWOL when his weekend
pass was denied because he needed to free his mind.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) with an effective date of 27 April
1960 and a neuropsychological evaluation, dated 5 August 2003.  In that
evaluation it was stated that the applicant reported that since early
adolescence he believed that he had been possessed, and this force was
responsible for many of his actions throughout the years.  However, the
applicant’s sister reported that the applicant did well academically in
school and was popular socially.  It wasn’t until the applicant was in his
20’s that he became withdrawn, started to lose jobs and began living under
bridges.  In the evaluation it was noted that the applicant “never was
hospitalized or received any other form of psychiatric care until quite
recently.”

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 27 April 1960.  The application submitted in this case is dated
15 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 military records show he enlisted in the Regular Army
on 11 June 1957 for a period of 3 years.  He completed advanced individual
training and was assigned the military occupational specialty (MOS) 111.17
(light weapons infantryman).  He served in Germany from 20 January 1958 to
30 March 1960.  The highest grade he held was pay grade E-4.

4.  On 11 June 1958, the applicant was convicted by a summary court-martial
for going from his appointed place of duty and for wrongfully appearing
with improper civilian clothing.  His punishment consisted of forfeiture of
$50.00 and restriction for 30 days.  The sentence was approved on 17 June
1958

5.  On 31 October 1958, the applicant was convicted by a summary court-
martial for going from his appointed place of duty.  His punishment
consisted of forfeiture of $50.00.  The sentence was approved on 1 November
1958.

6.  On 4 January 1959, the applicant was notified by his commander that he
was being considered for discharge for unfitness under the provisions of
Army Regulation 635-208.  He was advised of his right to have his case
considered by a Board of officers; to submit statements in his own behalf;
to be represented by counsel, and to waive any of these rights.  It was
annotated that the applicant refused to sign the acknowledgement.

7.  The applicant accepted nonjudicial punishment (NJP) under Article 15,
Uniform Code of Military Justice (UCMJ), on 3 August 1959, 20 October 1959
18 November 1959, and 30 December 1959 for failing to repair for bed check
and reveille, pass violation, and being absent without leave (AWOL).  His
punishment included extra duties and reprimand.

8.  On 2 December 1959, the applicant was convicted by a summary court-
martial for failing to go to appointed place of duty.  His punishment
consisted of forfeiture of $50.00 per month for one month and reduction to
pay grade E-1.  The sentence was approved on 2 December 1959.

9.  On 24 December 1959, the applicant’s commander recommended that he be
discharged under the provision of Army Regulation 635-208, for unfitness.

10.  On 30 December 1959, the applicant received a psychiatric examination.
 The examination found him to be alert, intelligent, and to have logical
thinking processes although a bit immature and impulsive.  The physician
giving the examination found no evidence of psychosis.

11.  On 4 January 1960, the applicant acknowledged that he had been advised
by counsel of the basis for the contemplated action against him under the
provisions of Army Regulation 635-208 for unfitness.  He requested that his
case be considered by a board of officers, but did not submit a statement
in his own behalf.



12.  Accordingly, a board of officers convened on 21 January 1960.  The
applicant appeared with counsel.  The Board recommended that the applicant
be given an undesirable discharge due to unfitness.

13.  On 26 March 1960, the applicant was convicted by a summary court-
martial for being AWOL from 10 to 24 March 1960.  His punishment consisted
of forfeiture of $70.00 and confinement at hard labor for 1 month.  The
sentence was approved the same day.

14.  The separation authority directed that the applicant be separated
under the provision of Army Regulation 635-208 for unfitness and that he
receive an Undesirable Discharge Certificate.  Accordingly, on 27 April
1960, the applicant was discharged.  The DD Form 214 issued to him shows
the applicant completed a total of 2 years, 9 months, and 17 days
creditable active service.  He had a total of 30 days time lost.

15.  There is no indication that the applicant applied to the Army
Discharge Review Board (ADRB) for an upgrade of his discharge within the
ADRB’s 15-year statute of limitations.

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 contends, in effect, that his undesirable discharge
should be upgraded based on evidence that he suffered from mild
schizophrenia since he was 14 years old.

2.  The only evidence submitted by the applicant is a neuropsychological
evaluation dated 5 August 2003.  While this evaluation shows that the
applicant reported that he believed that he had been possessed since early
adolescence and this force was responsible for many of his actions
throughout
the years, the applicant’s sister’s statement refuted this contention.  In
addition, this report stated that the applicant was never hospitalized or
received any other form of psychiatric care until “quite recently.”

3.  In view of the applicant’s sister’s statement, the fact that the
applicant did not seek psychiatric treatment until on or about 40 years
after his discharge, and the fact that the applicant was psychiatrically
cleared for separation, the applicant’s contention that his diagnosis of
schizophrenia warrants upgrading his undesirable discharge is not accepted.

4.  The records show that the applicant was given progressive punishment
during his military service and separation action was only initiated when
it became abundantly clear that the applicant could not be rehabilitated.

5.  There is no evidence to show, and the applicant has not contended, that
there were any errors in the processing of his discharge.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 April 1960; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
26 April 1963.  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

___rtd___  __rmn___  ___dac__  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.




                                  _______Richard T. Dunbar_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015643                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060817                                |
|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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