RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            30 November 2006
      DOCKET NUMBER:   AR20060007102


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald Levy                   |     |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 general discharge be upgraded to an
honorable discharge.

2.  The applicant states that he was young and had a hard time adjusting to
life in Korea near the demilitarized zone.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 7 July 1982.  The application submitted in this case is dated
10 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 was born on 11 February 1956 and enlisted in Detroit,
Michigan, on 25 August 1975 for a period of 3 years and training as a
supply specialist.  He completed his training, was transferred to Germany
and continued to serve until he was honorably released from active duty
(REFRAD) in the pay grade of E-4 on 16 August 1978.

4.  On 14 February 1980, he again enlisted in Detroit, Michigan, at the age
of 24, in the pay grade of E-4, for a period of 3 years and training as an
air defense artillery short range gunnery crewman.  He completed his
training at Fort Bliss, Texas, and was transferred to Fort Hood, Texas.  He
was promoted to the pay grade of E-5 on 6 August 1981 and was transferred
to Korea on 5 November 1981.

5.  On 14 December 1981, nonjudicial punishment (NJP) was imposed against
him for being off-post without an authorized pass.  His punishment
consisted of a forfeiture of pay, extra duty, and restriction.

6.  On 11 March 1982, NJP was again imposed against him for being off-post
without an authorized pass.  His punishment consisted of a reduction to the
pay grade of E-4, a forfeiture of pay, extra duty and restriction.

7.  On 8 April 1982, NJP was imposed against him for being in an off-limits
area. His punishment consisted of a reduction to the pay grade of E-3, a
forfeiture of pay, extra duty, and restriction.

8.  On 25 May 1982, the applicant was notified by his commander that he was
initiating action to discharge him from the service under the provisions of
Army Regulation 635-200, paragraph 13-4c, for unsuitability – apathy, due
to his defective attitude and inability to expend effort constructively.
He also indicated that the applicant’s poor attitude toward his job and
passive indifference to military authority were a deterrent to unit morale
and efficiency.  The applicant consulted with counsel and declined the
opportunity to submit a statement in his own behalf.

9.  The appropriate authority approved the recommendation for discharge on
26 June 1982 and directed that the applicant be furnished a General
Discharge Certificate.

10.  Accordingly, the applicant was discharged under honorable conditions
on 7 July 1982, under the provisions of Army Regulation 635-200, paragraph
      13-4c(2), for unsuitability – apathy, due to defective attitude or
inability to expend effort constructively.  He had served 2 years, 4
months, and 24 days of active service during his current enlistment and 5
years, 4 months, and 16 days of total active service.

11.  There is no indication in the available records to show that the
applicant ever applied to the Army Discharge Review Board for an upgrade of
her discharge within that board’s 15-year statute of limitations.

12.  Army Regulation 635-200, chapter 13, in effect at the time,
established policy and provided guidance for eliminating enlisted personnel
for unsatisfactory performance and who were unsuitable for further military
service.  An individual could be separated for unsatisfactory performance
if it was determined that the member will not develop sufficiently to
participate satisfactorily in further training and/or become a satisfactory
soldier.  A discharge under honorable conditions is normally considered
appropriate.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation under the provisions of Army
Regulation 635-200, chapter 13, was administratively correct and in
conformance with applicable regulations with no indication of any
violations of the applicant’s rights.

2.  Accordingly, the type of discharge directed and the reasons therefore
were appropriate under the circumstances.

3.  The applicant’s contentions have been noted; however, they are not
sufficiently mitigating considering he was 24 years of age when he enlisted
the second time and he continued to demonstrate an apathetic attitude
toward his duties and service.  Accordingly, his service is properly
characterized.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 July 1982; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 July 1985.  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

__WC___  ___AM __  ___DL __  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.




                                  ______William Crain_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007102                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |(GD)                                    |
|DATE OF DISCHARGE       |1982/07/07                              |
|DISCHARGE AUTHORITY     |AR635-200/ch13 . . . . .                |
|DISCHARGE REASON        |Apathy                                  |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |732/a78.00                              |
|144.7800                |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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