RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060010824


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Roland Venable                |     |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 to a general discharge.

2.  The applicant states that he was unjustly advised of his rights and the
consequences of the type of discharge that he received.  He states that he
was not afforded due process and that the Army addressed his post traumatic
stress disorder (PTSD) by punishing him.

3.  The applicant provides in support of his application, an undated letter
from his two sons attesting to his good character and post service conduct;
copies of military and medical documents contained in his Official Military
Personnel File; ten letters from family members and associates attesting to
his good character and supporting his request for a discharge upgrade; a
letter from the Peoria Veteran Center Clinical Coordinator dated 30 June
2006, providing her opinion of the applicant's condition; a letter from the
Director of Psychiatric Rehabilitation Services in Peoria, Illinois,
providing her opinion of the applicant's condition; newspaper articles that
mention his name; copies of court documents; a copy of a psychological
report; copies of clinical health records and medical progress notes from
the Illinois Department of Mental Health; and a statement addressed "To the
Members of the Board".

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 November 1978.  The application submitted in this case
is dated 11 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.  On 14 October 1965, the applicant underwent a medical examination for
the purpose of induction into the Army.  The attending physician found him
to be qualified for military service.

4.  On 30 December 1965, the applicant was inducted into the Army in
Chicago, Illinois.  He successfully completed his training as a light
weapons infantryman.  He was promoted to the pay grade of E-2 on 30 April
1966 and, upon completion of his training, he was transferred to the
Republic of Vietnam on 21 May 1966.

5.  The applicant was promoted to the pay grade of E-3 on 22 June 1966.

6.  On 16 August 1966, nonjudicial punishment (NJP) was imposed against the
applicant for being absent without leave (AWOL) from 5 August until 11
August 1966.  His punishment consisted of a reduction to the pay grade of E-
1 and extra duty for 30 days.

7.  On 11 October 1966, the applicant was convicted by a summary court-
martial of being AWOL from 30 September until 4 October 1966.  He was
sentenced to a forfeiture of pay in the amount of $ 65.00 and restriction
for 1 month.

8.  The applicant returned to the Continental United States on 20 October
1967, and he was assigned to Company B, 67th Signal Battalion, Fort Riley,
Kansas.

9. On 4 January 1967, he was convicted by a special court-martial of
breaking restriction.  He was sentenced to confinement at hard labor for 6
months, a reduction to the pay grade of E-1 and a forfeiture of pay in the
amount of $52.00 per month for 6 months.

10.  The applicant had NJP imposed against him on 30 July 1967, for being
absent from his unit.  His punishment consisted of a forfeiture of pay in
the amount of $25.00 per month for 2 months and restriction for 30 days.

11.  He had NJP imposed against him again on 5 December 1967, for failure
to go to his appointed place of duty.  His punishment consisted of a
forfeiture of pay in the amount of $14.00, extra duty for 14 days and
restriction for 14 days.

12.  On 15 February 1968, NJP was imposed against the applicant for failure
to go to his appointed place of duty.  His punishment consisted of a
forfeiture of pay in the amount of $25.00 and restriction for 14 days.

13.  The applicant was convicted by a special court-martial on 16 October
1968, of being AWOL from 15 March until 21 April 1968, and from 2 May until
22 September 1968.  He was sentenced to confinement at hard labor for
6 months and a forfeiture of pay in the amount of $68.00 per month for 6
months.

14.  The applicant underwent a medical examination on 17 October 1968, for
the purpose of separation from the Army.  The attending physician found him
qualified for separation.

15.  On 24 October 1968, the applicant underwent a psychiatric evaluation.
The attending psychiatrist diagnosed the applicant as having an immature
personality, chronic, moderate, manifested by poor judgment, resentment of
authority, and impulsive, maladaptive behavior.  The psychiatrist
determined that his condition was not incurred in the line of duty; that it
existed prior to service; and that his longstanding character and behavior
disorder described would tend to exist permanently.

16.  On 6 November 1968, the applicant was notified that he was being
recommended for discharge under the provisions of Army Regulation 635-212,
for unfitness.  The commander cited four periods of AWOL, two special
courts-martial, one summary court-martial, and four NJPs as a basis for the
recommendation for discharge.  The applicant acknowledged receipt of the
notification, and after consulting with counsel, he waived his right to
submit a statement in his own behalf.  He also acknowledged that he
understood that, as a result of issuance of an undesirable discharge under
conditions other than honorable he may be ineligible for many or all
benefits as a veteran under both Federal and State laws, and that he may
expect to encounter substantial prejudice in civilian life.

17.  The appropriate authority approved the recommendation for discharge on
18 November 1968.  Accordingly, on 29 November 1968, the applicant was
discharged under the provisions of Army Regulation 635-212, for unfitness.
He had completed 1 year and 10 months of total active service and he was
furnished an Undesirable Discharge Certificate.

18.  On 2 February 1973, the Army Discharge Review Board denied the
applicant's petition to upgrade his discharge.

19.  A Psychological Summary of Client Treatment Plan prepared for the
applicant on 23 September 1987, by the Peoria Veterans Center Readjustment
Counselor indicates that he initially contacted the center on 27 May 1987
requesting psychological counseling as a result of a marital conflict which
precipitated legal intervention and the Department of Children and Family
Services involvement.  The available records indicate that this summary is
the first mention of his PTSD diagnosis.

20.  The applicant has now submitted a letter from the Peoria Veterans
Center Clinical Coordinator dated 30 June 2006, indicating that he believes
that the applicant is suffering from PTSD and that he has been since before
his arrival at Fort Riley, Kansas.  He also submits letters from former
service members, family, and friends expressing the opinions and
impressions of the applicant while on active duty and after his discharge;
and copies of mental health evaluations and reports providing details of
the applicant's condition.

21.  Army Regulation 635-212, in effect at the time, set forth the basic
authority for the separation of enlisted personnel.  Paragraph 6a(1) of the
regulation provided, in pertinent part, that members involved in frequent
incidents of a discreditable nature with civil or military authorities were
subject to separation for unfitness.  An undesirable discharge was normally
considered appropriate.

22.  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.  The U.S. Court of Appeals, observing
that applicants to the Army Discharge Review Board (ADRB) are by statute
allowed 15 years to apply there, and that this Board's exhaustion
requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens
that filing period, has determined that the 3 year limit on filing to the
Army Board for Correction of Military Records (ABCMR) should commence on
the date of final action by the ADRB.  In complying with this decision, the
ABCMR has adopted the broader policy of calculating the 3-year time limit
from the date of exhaustion in any case where a lower level administrative
remedy is utilized.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

3.  The applicant's overall record of service has been considered in the
review of this case and it does not appear that his service was under
honorable conditions. He had NJP imposed against him on four separate
occasions.  He was convicted by court-martial on three separate occasions
and considering his numerous acts of indiscipline, it does not appears that
his undesirable discharge was to harsh.

4.  Consideration has also been afforded to the supporting letters and
medical documentation that the applicant submitted on behalf of his
application.  However, they are not sufficient justification to warrant the
relief requested.  Prior to his discharge an Army psychiatrist diagnosed
the applicant as having an immature personality, chronic, moderate,
manifested by poor judgment, resentment of authority, and impulsive,
maladaptive behavior.

5.  There is no evidence in the available records that show that while he
was in the Army, he was ever diagnosed as suffering from PTSD.  In fact the
earliest mention of PTSD is in the Psychological Summary of Client
Treatment Plan that was prepared for the applicant after his initial
contact that the Peoria Veterans Center on 27 May 1987, which is almost 20
years after his discharge.

6.  In order to justify correction of a military record the applicant must
show 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.

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

8.  Records show the applicant exhausted his administrative remedies in
this case when his case was last reviewed by the ADRB on 2 February 1973.
As a result, the time for the applicant to file a request for correction of
any error or injustice to this Board expired on 1 February 1976.  However,
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

___JA___  ___SF___  ___RV __  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.




                                  ____James Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010824                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070306                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19681129                                |
|DISCHARGE AUTHORITY     |AR 635-212                              |
|DISCHARGE REASON        |UNFITNESS                               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/DISCHARGE DOCUMENT             |
|2.  583                 |144.5000/DISCHARGE FOR UNFITNESS        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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