RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 September 2006
      DOCKET NUMBER:  AR20060002852


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. Richard Murphy                |     |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 changed to
honorable.

2.  The applicant states that he was young and ignorant and did not realize
the impact this type of discharge would have on his life.  He states he was
never granted an overnight pass.  He always had to be back on base by
midnight, but he returned late many times.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) and a character reference.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 24 August 1957.  The application submitted in this case is
dated 30 January 2006.

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 are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of his DD Form 214.

4.  The applicant enlisted in the Regular Army on 1 October 1954 at the age
of 18 years old.  His DD Form 214 shows he held military occupational
specialty number 122.10 (Bridge Specialist) and completed 2 years, 4
months, and 27 days of foreign service.

5.  The applicant's discharge packet is not available.  However, his DD
Form 214 shows he was discharged on 24 August 1957 under the provisions of
Army Regulation 635-208 based on undesirable habits and traits of
character.  He received an undesirable discharge with service characterized
as under other than honorable conditions.  He completed 2 years and 10
months of active military service with 24 days lost time.
6.  The applicant submitted a character reference in support of his claim.
The individual described the applicant as being faithful in attendance and
supportive at his local church.  He was also described as being a man of
Christian character and righteous intent.

7.  There is no evidence of record which shows the applicant applied to the
Army Discharge Review Board (ADRB) within its 15-year statute of
limitations.

8.  Army Regulation 635-208, in effect at the time, set forth the basic
authority for the separation of enlisted personnel having undesirable
habits and traits of character.  Paragraph 2 of the regulation provided, in
pertinent part, for the separation of personnel where there was evidence of
an antisocial or amoral trend, chronic alcoholism, drug addiction,
pathological lying, or misconduct.  An undesirable discharge was normally
considered appropriate.

9.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable
discharge is a separation with honor.  Issuance of an honorable discharge
is predicated upon proper military behavior and proficient performance of
duty during the member's current enlistment or period of obligated service
with due consideration to the member's age, length of service and general
aptitude.  Where a member has served faithfully and performed to the best
of his or her ability, an honorable discharge certificate should be
furnished.

10.  Army Regulation 635-200, paragraph 3-7b, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the Soldier’s separation specifically allows such
characterization.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, the applicant's discharge
proceedings under the provisions of Army Regulation 635-208 for undesirable
habits and traits of character, it is presumed to have been
administratively correct and in conformance with applicable regulations.

2.  Although the applicant's discharge packet is not available, it is
presumed the separation authority appropriately directed issuance of an
undesirable discharge based on his overall record.

3.  The applicant's character reference was noted; however, it is not
sufficiently mitigating to warrant relief in this case.
4.  The applicant has failed to show through the evidence submitted or the
evidence of record that the type of discharge issued to him was in error or
unjust.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 August 1957; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 23 August 1960.  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

EA______  RL______  RM______  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.




                                  Eric Andersen_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002852                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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