RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20050018096


      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:

|     |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 that his discharge be upgraded to honorable.

2.  The applicant states, in effect, that he is 77 years old and would like
to have an upgrade of his discharge before he passes on.

3.  The applicant provides a one-page statement and a copy of his WD AGO
Form 53-58 (Enlisted Record and Report of Separation – General Discharge)
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 29 June 1948, the date of his separation.  The application
submitted in this case is dated 3 March 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.  A fire destroyed approximately 18 million service members' records at
the National Personnel Records Center in 1973.  The applicant's records
were partially destroyed in that fire.  However, there were sufficient
documents remaining in a reconstructed record to conduct a fair and
impartial review of this case.

4.  The applicant enlisted in the Army, with parental consent, on
29 January 1946 for a period of 3 years.  After completion of basic and
advanced individual training, he was awarded military occupational
specialty 056 (Mail Clerk).  He served in the European Theater of
Operations during the period 21 June 1946 through 15 June 1948.

5.  Section 15 (Time Lost under A.W. 107) of the applicant's WD AGO Form 4
(Service Record) shows he was absent without leave (AWOL) during the period
25 November 1946 through 31 December 1946.

6.  The applicant's service records reveal a disciplinary history that
includes a Special Court-Martial for disobeying a lawful order and being
AWOL from guard duty, a Special Court-Martial for being drunk and
disorderly in an unknown public place in Germany, and a Summary Court-
Martial for being drunk in camp.

7.  Headquarters, 3d Battalion, 16th Infantry Division [Berlin, Germany]
memorandum, dated 4 May 1948, shows the commanding officer recommended that
the applicant be brought before a Board of Officers under the provisions of
Army Regulation 615-369 (Discharge – Inaptitude or Unsuitability).  The
commanding officer provided a brief statement which indicated the action
was based on the applicant's inability to adjust to group living and his
repeated disciplinary infractions.

8.  The commanding officer continues that during the period 4 December 1946
through 19 April 1948, the applicant had two Special Courts-Martial, one
Summary Court-Martial, 5 Company punishments, and 36 days of lost time.
The commanding officer further stated the applicant was relieved as the
company's mail clerk after several instances of misconduct and was
reassigned to the Medical Section of 279th Station Hospital for
rehabilitation.

9.  Office of the Surgeon General, 3rd Battalion 16th Infantry Regiment
Certificate, dated 6 May 1948, shows that a medical corps officer performed
a neuropsychiatric examination on the applicant and found him to be sane
and able to distinguish right from wrong and able to communicate with a
defense counsel.

10.  Headquarters, 3d Battalion, 16th Infantry Division memorandum, dated
13 May 1948, notified the applicant to appear before a Board of Officers
hearing scheduled on 14 May 1948.

11.  On 14 May 1948, the applicant appeared before the Board of Officers
hearing with counsel.  The Board of Officers found that he did not possess
the required degree of adaptability for military service.  The Board of
Officers recommended that the applicant be discharged from the service
based on lack of adaptability and directed that he be issued a General
Discharge Certificate.

12.  On 9 June 1948, the Assistant Adjutant General of Headquarters, Berlin
Military Post [APO 742] approved the Board of Officers findings and
recommendation to discharge the applicant under the provisions of Army
Regulation 615-369.


13.  The applicant's WD AGO Form 53-58 shows that he was discharged on
29 June 1948, under the provisions of Army Regulation 615-369, for
unsuitability, and issued a General Discharge Certificate.  He had
completed 2 years, 3 months, and 28 days of net active service and had 36
days of lost time due to AWOL and confinement.

14.  Records show the applicant applied to the Army Discharge Review Board
(ADRB) for upgrade of his discharge.  On 9 August 1951, the ADRB reviewed
and denied the applicant's request for upgrade.  The ADRB determined that
the applicant's discharge was proper and equitable.

15.  The applicant provided an undated self-authored statement in which he
claims that he was not fairly treated by an officer in his company.  The
applicant continues that this officer disliked him, which resulted in his
demotion and other punishments.  The applicant concludes that as a result
of the officer's actions, he received a general discharge.

16.  Army Regulation 615-369 (Discharge – Inaptitude or Unsuitability), in
effect at the time, provided guidance for the separation of enlisted
personnel for unsuitability based on a demonstrated lack of adaptability
for military service and required action by a board of officers.  The
individual could receive an honorable or general discharge when discharge
was recommended under this regulation.

17.  Army Regulation 635-200, 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.

18.  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.  The U.S. Court of Appeals, observing
that applicants to the Army Discharge Review Board (ADRB) are by statute
allowed 15 years to apply there, and that this Board's exhaustion
requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens
that filing period, has determined that the 3 year limit on filing to the
Army Board for Correction of Military Records (ABCMR) should commence on
the date of final action by the ADRB.  In complying with this decision, the
ABCMR has adopted the broader policy of calculating the 3-year time limit
from the date of exhaustion in any case where a lower level administrative
remedy is utilized.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his general discharge should be upgraded to
honorable.

2.  Evidence of record shows that the applicant's records were reviewed by
a Board of Officers which determined that he did not possess the required
degree of adaptability for continued military service and recommended that
he be discharged due to lack of adaptability and issued a General Discharge
Certificate.

3.  Evidence shows the applicant's separation was accomplished in
compliance with applicable regulations and there is no indication of
procedural errors that would tend to jeopardize his rights.  The Board of
Officer's proceedings was conducted in accordance with law and regulations
applicable at the time and the character of the discharge is commensurate
with the applicant's overall record of military service.

4.  The applicant's record of service included two Special Courts-Martial,
one Summary Court-Martial, 5 unit punishments, and 36 days of lost time due
to AWOL and confinement.

5.  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.  This misconduct also renders his service
unsatisfactory.  Therefore, he is not entitled to an honorable discharge.

6.  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.

7.  Records show the applicant exhausted his administrative remedies in
this case when his case was last reviewed by the ADRB on 9 August 1951.  As
a result, the time for the applicant to file a request for correction of
any error or injustice to this Board expired on 8 August 1954.  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 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                 |AR20050018096                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1948/06/29                              |
|DISCHARGE AUTHORITY     |AR 615-369                              |
|DISCHARGE REASON        |Inadaptability                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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