RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 December 2006
      DOCKET NUMBER:  AR20060006682


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Mr. Qawly A. Sabree               |     |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 item 13a (Character of
Service), of his DD Form 214 (Army Forces of the United States Report of
Transfer or Discharge), be corrected to show the entry "Honorable" instead
of the entry "Under Honorable Conditions."

2.  The applicant states, in effect, that item 13a, of his DD Form 214,
should show the entry "Honorable" instead of the entry "Under Honorable
Conditions."

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 December 1972, the date of his discharge.  The
application submitted in this case is dated 26 April 2006 but was received
for processing on 12 May 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 record shows he enlisted in the Regular Army on
2 October 1972.  He was assigned to Company B, 5th Battalion, 1st Basic
Combat Training (BCT) Brigade, to attend basic combat training and advanced
individual training at Fort Jackson, South Carolina.

4.  On 6 December 1972, the applicant’s commander recommended that the
applicant be eliminated from the service under the provisions of Army
Regulation 635-212, for unsuitability.  He based his recommendation on the
applicant's apathy (lack of appropriate interest), defective attitude, and
inability to expend effort constructively and that he be issued a general
discharge (GD).
5.  The commander indicated in the remarks section, of his recommendation,
that the applicant was assigned to Company B, 5th Battalion, 1st BCT
Brigade on 6 October 1982.  His English comprehension scores received at
the Reception Station indicated the need to attend ELT (English Language
Training).  He was unable to attend ELT as a result of it being filled to
capacity.  During this period, the applicant was encouraged numerous times
to perform to the best of his ability.  Counseling sessions by both the
commander and platoon sergeant had proven ineffective in establishing the
motivation and desire to learn.

6.  The commander also indicated that the applicant had established a
pattern of being argumentative and on occasion belligerent to all persons
in authority.  As a result of his behavior and attitude, a recommendation
and assignment to an STC (special training company) occurred on 10 November
1972.  He remained at STC for a period of two days and was returned with a
recommendation that he attend ELT.  He was placed in the QMP (Qualitative
Management Program) on 14 November 1972, for motivation, conduct, and
efficiency and was informed that he would attend ELT.  At that time, the
applicant indicated he did not desire to attend ELT.

7.  The applicant was assigned to ELT on 17 November 1972.  While at ELT,
he was a behavioral problem and further identified as a malingerer.  This
was evident through his test results while in attendance at ELT.  He was
returned to his unit on 1 December 1972, as untrainable.  The commander
stated that it was his belief the applicant comprehended and spoke more
English than indicated.  He was afforded ample opportunity to improve upon
his language difficulty.  The Buddy system, ELT, counseling, and STC had
all proven futile in an effort to train the applicant.  He had, in effect,
chosen to ignore those opportunities and the language difficulty as an
excuse for his poor performance.  He concluded that further training or
disciplinary action would prove futile.

8.  On 11 December 1972, the separation authority approved the
recommendation for the applicant's discharge and directed that he be
furnished a GD.  The applicant was discharged on 19 December 1972, in the
pay grade E-1. He had a total of 2 months and 18 days of creditable
service.

9.  There is no evidence that the applicant applied to the Army Discharge
Review Board for an upgrade of his discharge within its 15-year statute of
limitations.
10.  Army Regulation 635-212, in effect at the time, set forth the basic
authority for the separation of enlisted personnel.  It stated, in
pertinent part, that individuals would be separated for unsuitability due
to aptitude, character and behavior disorders, apathy, alcoholism, or
enuresis and that the individual would be furnished an honorable or general
discharge.

11.  Army Regulation 635-200, paragraph 3-7a, 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, 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that he was discharged from the service
under the provisions of Army Regulation 635-200 (sic), for unsuitability,
and was issued a GD.

2.  The applicant has provided insufficient evidence to show that his
discharge was unjust.  He also has not provided evidence sufficient to
mitigate the character of his discharge.

3.  The Board noted that the applicant's record contains a properly
constituted DD Form 214 which was authenticated by the applicant.  This
document identifies the character of service for the applicant’s discharge
as, "Under Honorable Conditions" (GD).  The applicant has provided no
evidence, and there is no evidence, to show that the character of his
service should be changed to "Honorable."  Item 13a, of his DD Form 214, is
correct as currently constituted.

4.  The evidence of record clearly shows that it has been nearly 34 years
since he received his general discharge, under honorable conditions.
There is no evidence in the applicant's records, and the applicant
provided none, to show he attempted to or applied for an upgrade of his
discharge to the ADRB within its 15 year statute of limitations.

5.  In order to justify correction of a military record, the applicant must
show, to the satisfaction of the Board, or it must otherwise appear, that
the record is in error or unjust.  The applicant has failed to submit
evidence that would satisfy this requirement.
6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 December 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 December 1975.  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

_ALR____  _QAS___  ___FCJ__  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.




                                  ____Allen L. Raub _________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060006682                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19721219                                |
|DISCHARGE AUTHORITY     |AR 635-212                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]