RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060010040


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Mr. David Tucker                  |     |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 undesirable discharge be
upgraded.

2.  The applicant states that he was a hard core alcoholic when he was
drafted.  He contends that he was sick with a disease (alcoholism), like
any other disease, and no one offered him any help or treatment before he
was discharged.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge) and documentation pertaining to alcoholism.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 31 October 1966.  The application submitted in this case is
dated 8 July 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 underwent a pre-inductee physical examination on 6 May
1964. He was found qualified for induction and reported that “I’m in good
health” in item 17 (Statement of Examinee’s Present Health in Own Words) on
his Standard Form 89 (Report of Medical History).  In addition, the
applicant indicated “No” in item 20 (Have Your Ever Had or Have You Now)
under Excessive Drinking Habit.
4.  The applicant was inducted on 23 June 1964.  He successfully completed
basic training and advanced individual training in military occupational
specialty 941.10 (cook).  On 1 September 1965, he was honorably discharged
for immediate enlistment in the Regular Army.  He enlisted on 2 September
1965 for a period of 2 years.

5.  On 3 November 1965, nonjudicial punishment was imposed against the
applicant for being absent without leave (AWOL) from 20 October 1965 to
30 October 1965.  His punishment consisted of restriction.

6.  On 8 November 1965, nonjudicial punishment was imposed against the
applicant for breaking restriction.  His punishment consisted of a
forfeiture of pay and reduction to E-2.

7.  On 27 December 1965, in accordance with his plea, the applicant was
convicted by a special court-martial of being AWOL from 18 November 1965 to
20 December 1965.  He was sentenced to be confined at hard labor for 6
months, to forfeit $62 per month for 6 months, and to be reduced to E-1.
On
27 December 1965, the convening authority approved only so much of the
sentence as provided for confinement at hard labor for 4 months, forfeiture
of $62 for 4 months, and reduction to E-1.  On 25 January 1966, the
unexecuted portion of the sentence to confinement was suspended until 31
March 1966.

8.  On 11 August 1966, the applicant was convicted by civilian authorities
of assault (third degree) and was sentenced to serve 6 months in jail.

9.  On 20 September 1966, the applicant was notified of his pending
separation under the provisions of Army Regulation 635-206 for conviction
by civil court.  On
6 October 1966, he waived his rights and elected not to submit a statement
in his own behalf.

10.  On 6 October 1966, the applicant’s unit commander recommended he be
separated from the service under the provisions of Army Regulation 635-206
for conviction by civil court.

11.  On 25 October 1966, the separation authority approved the
recommendation for discharge and directed the issuance of an undesirable
discharge.

12.  Accordingly, the applicant was discharged on 31 October 1966 with an
undesirable discharge under the provisions of Army Regulation 635-206 for
conviction by civil court.  He had served a total of 1 year, 9 months, and
9 days of creditable active service with 214 days of lost time due to AWOL
and civil confinement.

13.  There is no evidence of record which shows the applicant was diagnosed
with alcohol dependency prior to his discharge.

14.  There is no evidence that the applicant applied to the Army Discharge
Review Board for upgrade of his discharge within its 15-year statute of
limitations.

15.  Army Regulation 635-206, in effect at that time, set forth the basic
authority for the separation of enlisted personnel for misconduct.  The
regulation provided, in pertinent part, for the separation of personnel for
conviction by civil court.  An undesirable discharge was normally
considered appropriate.

16.  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 (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.

17.  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.  The evidence of record does not support the applicant’s contention that
he was an alcoholic when he was drafted.  He reported that he was in good
health and that he did not have (or ever had) an excessive drinking habit
on his pre-inductee examination.  In addition, he was found qualified for
induction.

2.  There is no evidence of record to support the applicant’s contention
that he was an alcoholic prior to his discharge.

3.  The applicant’s record of service included two nonjudicial punishments,
one special court-martial conviction, and 214 days of lost time.  It
appears he also committed a serious civil offense while in the Army.  As a
result, his record of service was not satisfactory and did not meet the
standards of acceptable conduct and performance of duty for Army personnel.
 Therefore, the applicant's record of service is insufficiently meritorious
to warrant a general discharge or an honorable discharge.

4.  The applicant’s administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.

5.  The type of discharge directed and the reasons for separation were
appropriate considering all the facts of the case.

6.  Records show the applicant should have discovered the alleged injustice
now under consideration on 31 October 1966; therefore, the time for the
applicant to file a request for correction of any injustice expired on 30
October 1969.  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

JR_____  _RB_____  _DT____  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.


                                  __Jeffrey Redmann_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010040                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070118                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19661031                                |
|DISCHARGE AUTHORITY     |AR 635-206                              |
|DISCHARGE REASON        |Conviction by civil court               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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