RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 July 2007
      DOCKET NUMBER:  AR20070001692


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 discharge under other than honorable
conditions be upgraded to a general discharge under honorable conditions.

2.  The applicant states he was discharged because he was not able to adapt
to military life.  He was young and immature at the time.  He had completed
over two years of service between the Army National Guard (with an
honorable discharge) and the Regular Army.  He believes he has turned his
life around and become a good citizen.  He is unable to get benefits from
the Department of Veterans Affairs.  He was not old enough to understand
the consequences of his discharge back in 1964.  He now realizes how that
immaturity caused him to err.

3.  The applicant provides two DD Forms 214 (Armed Forces of the United
States Report of Transfer or Discharge) and three character reference
letters.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 27 October 1964.  The application submitted in this case is
dated 3 January 2007.

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 21 September 1941.  He enlisted in the Army
National Guard on 24 February 1962.  He entered on active duty for training
      on 25 March 1962 and was awarded military occupational specialty
112.00 (Heavy Weapons Infantryman).  He was honorably released from active
duty on 24 September 1962.  It cannot be determined when he was discharged
from the Army National Guard.  He enlisted in the Regular Army on 20
November 1962.

4.  On 10 May 1963, the applicant accepted nonjudicial punishment (NJP)
under Article 15, Uniform Code of Military Justice (UCMJ) for not having
his privately-owned vehicle properly registered.

5.  On 30 December 1963, the applicant accepted NJP under Article 15, UCMJ
for being drunk and disorderly.

6.  On 9 April 1964, the applicant accepted NJP under Article 15, UCMJ for
missing bedcheck.

7.  On 14 July 1964, the applicant accepted NJP under Article 15, UCMJ for
absenting himself from his unit.

8.  On 3 August 1964, the applicant accepted NJP under Article 15, UCMJ for
being drunk and disorderly.

9.  On 8 August 1964, the applicant was referred for a psychiatric
evaluation.  The commander stated the applicant was a hard worker and got
along fine with fellow Soldiers; however, he showed hostility towards
noncommissioned officer supervisors in carrying out their instructions.
His off-duty conduct continually worsened.

10.  On 10 August 1964, the applicant received a psychiatric evaluation.
No evidence of gross organicity, intellectual impairment, or overt
psychosis was found.  The applicant revealed he had racial prejudices and
could not stand the Service any longer.  He wanted out as quick as he
could.  His commander had revealed that the applicant constantly got into
trouble off duty and resented all forms of authority.  The applicant was
diagnosed with immature personality with emotional instability, but no
psychiatric contraindication to any administrative action deemed
appropriate by the command was found, to include separation under the
provisions of Army Regulation 635-208 for misconduct.

11.  On 14 August 1964, the applicant completed a separation physical and
was found qualified for separation.

12.  The applicant’s discharge packet is not available.

13.  On 27 October 1964, the applicant was discharged, in pay grade E-1,
under the provisions of Army Regulation 635-208 for unfitness, with an
undesirable discharge, characterized as under other than honorable
conditions.  He had completed 1 year, 11 months, and 8 days of creditable
active service on this enlistment and a total of 2 years, 5 months, and 8
days of creditable active service with no lost time.



14.  The applicant provided three character reference letters.  All three
letters indicated the authors have known the applicant for various periods
of time       (15 years; 7 years; since 1998), and he is a dependable,
reliable person of good character.

15.  Army Regulation 635-208, in effect at the time, set forth the basic
authority for the separation of enlisted personnel for unfitness.  The
regulation provided for the discharge of individuals by reason of unfitness
with an undesirable discharge when it had been determined that an
individual’s military record was characterized by one of more of the
following:  frequent incidents of a discreditable nature with civil or
military authorities; sexual perversion; drug addiction or the unauthorized
use or possession of habit forming narcotic drugs or marijuana; an
established pattern for shirking; or an established pattern showing
dishonorable failure to pay just debts.

16.  Army Regulation 635-200 governs the separation of enlisted personnel.
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.  In the absence of evidence to the contrary, it is presumed that the
applicant’s discharge proceedings were conducted in accordance with law and
regulations applicable at the time and that the characterization of his
service as under other than honorable conditions accurately reflects his
record of service (with his five Article 15s) during his Regular Army
enlistment.

2.  The applicant was 21 years old when he enlisted in the Regular Army.
He had previously served well while in the Army National Guard and so knew
what the Army’s standards of conduct were.  The evaluating psychiatrist did
diagnose him with immature personality disorder; however, he also found no
psychiatric contraindication to any administrative action deemed
appropriate by the command.  There is no evidence to show that the
applicant was unable to distinguish right from wrong and to adhere to the
right.  While the applicant’s good post-service conduct is commendable, it
is not sufficiently mitigating to warrant an upgrade of his discharge.


3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 October 1964; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         26 October 1967.  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

__jns___  __dkh___  __lmd___  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 N. Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001692                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070717                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19641027                                |
|DISCHARGE AUTHORITY     |AR 635-208                              |
|DISCHARGE REASON        |A50.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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