RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060004350


      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             |
|     |Mr. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 records be corrected to
show that he graduated from Officer Candidate School (OCS) and that he was
commissioned as an officer in the U. S. Army Reserve (USAR).

2.  The applicant states, in effect, that he was relieved from OCS 2 weeks
prior to graduation and was not commissioned in the USAR.  Also, he states
that no facts were omitted from his application and the Executive Officer
requested a special board for undocumented "Disciplinary Reasons."  The
applicant believes that his expeditious termination from OCS was due to
racial quotas.

3.  The applicant provides:

      a.  a copy of a letter that provides a sequence of events;

      b.  a copy of a waiver of civil offense (conviction for stealing seat
covers and spotlight from employer), dated 19 August 1953.  In this letter
it states that the applicant's waiver was approved for the purpose of him
being commissioned in the Army Reserve;

      c.  a copy of a request for information letter, dated 11 October
1968.  In this letter it stated that the applicant applied for appointment
as a Reserve Warrant Officer and information on why the applicant was
relieved from OCS would help in processing his request for Reserve Warrant
Officer appointment.  In the letter it was stated that the applicant
reported that there was only one fact he did not enter on his request for
OCS, the charge for simple assault.  Also, he stated that he omitted the
offense because he was told by his unit commander not to enter it.  He
further stated that at the time of his dismissal he had already been
assigned a commissioned officer serial number and he had taken the oath of
office.  He stated that he did not recall the serial number and did not
have documentary evidence to substantiate his claim;

      d.  a copy of a letter from Headquarters, the Candidate Brigade
(Provisional), United States Infantry School (USAIS), Fort Benning,
Georgia.  In this letter, it states that official records at the Infantry
School are kept for a period of 5 years and then destroyed;

      e.  a copy of the USAIS transcript of grades.  The transcript shows
that the applicant was at the top of his class;

      f.  a copy of a business card; and

      g.  a copy of an extract of special orders.  The special orders show
that the race of the applicant and other Soldiers were identified by an
abbreviation "N, NEG and W."

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 1 June 1978, the date he was placed on the retired list from
active duty.  The application submitted in this case is dated 6 March 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 records show that he served with the U.S. Coast Guard
for  
5 months and 15 days and was discharged for medical reason in July 1946.

4.  He was inducted and entered active duty on 16 July 1952.  He completed
basic combat training and advanced individual training and was awarded the
military occupational specialty 11B10 (Infantryman).  On 24 April 1953, he
started OCS as a member of Class Number 67.

5.  On 29 July 1953, the applicant requested a waiver of civil offense
(stealing from his employer) for the purpose of being commissioned.

6.  On 29 July 1953, the applicant's commander recommended approval of the
applicant’s request.

7.  On 19 August 1953, the request for waiver of civil offense was approved
for conviction of stealing a pair of seat covers and a spotlight from his
employer.

8.  The applicant's records do not contain his OCS dismissal board
proceedings. However, in the letter for request for information, it states
that on about  
16 September 1953 he appeared before a board of officers and was terminated
for omitting facts on his application for OCS.

9.  On 24 September 1953, the applicant was relieved from OCS for omission
of facts.  There is no record that shows he was commissioned or assigned a
commissioned officer serial number.  His graduation date was scheduled for
 
1 October 1953.

10.  On 19 October 1953, a letter from Headquarters the Infantry Center,
Fort Benning, Georgia, addressed to the President, Officer Candidate Board
which recommended the candidate for attendance, states that the applicant
was "relieved for omission of facts on application.  He failed to mention
two arrests, one for larceny and one for assault.  After arriving at OCS
and being oriented he filled out a new form but still omitted the arrest
for assault.  Before the panel he was given every opportunity to admit this
arrest but failed to do so until he definitely knew that the panel knew of
it."

11.  Army Regulation 351-5 (United States Army Officer Candidate School),
states, in pertinent part, that candidates who clearly show a lack of
aptitude or qualification for commissioned status as determined under
procedures established by the school commandant, will be relieved from OCS.
 The school commandant or a named representative may relieve a candidate
whenever a lack of aptitude or qualification for commissioning has been
determined.  The decision may be due to disciplinary reasons, academic
deficiencies, disqualifying physical conditions, deficiencies in
leadership, security reasons, lack of motivation, falsification or omission
of facts on application, honor code violation and misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to show that he
graduated from OCS and that he was commissioned as an officer in the USAR.

2.  The applicant’s records are missing a lot of documentation pertaining
to his dismissal from OCS.  However, the record is clear that the applicant
had failed to mention two arrests in his OCS application.  However, while
attending OCS, the applicant requested a waiver of the civil offense of
larceny (stealing from his employer).  He was granted a waiver of that
offense while he was attending OCS.

3.  However, the applicant was not dismissed from OCS for the civil offense
of larceny (stealing from his employer).  He was dismissed because he
failed to mention his arrest for assault, even after being given several
opportunities to admit that offense.


4.  It would appear that the applicant’s OCS command concluded that an
officer candidate who falsifies his OCS application and continues to deny
having any additional arrests when directly questioned about the offense
should not be allowed to complete OCS and be commissioned.  Given the facts
of this case, that would appear to be a reasonable conclusion.

5.  The applicant has not submitted any evidence to support his contention
that there were racial factors in the decision to dismiss him from OCS.

6.  The school commandant or a named representative may relieve a candidate
whenever a lack of aptitude or qualification for commissioning has been
determined.  It was determined that the applicant was relieved from OCS
based on the omission of facts.

7.  In view of the foregoing, there is no basis for granting the
applicant's request.

8.  Records show the applicant should have discovered the alleged injustice
now under consideration on 1 June 1978; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 31 May 1981.  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

___pbf __  ___rch___  ___jtm__  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.




                                  ________John T. Meixell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004350                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061017                                |
|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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