RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 May 2005
      DOCKET NUMBER:  AR20040008001


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 under other than honorable conditions
discharge be upgraded to an honorable discharge.

2.  The applicant states, in effect, that he was diagnosed and treated for
bipolar and manic-depressive disorders.  He further states that his current
discharge hinders him from making a living.

3.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 February 1996 and
successfully completed basic training and advanced individual training
(AIT).  He was awarded military occupational specialty 91B (Medical
Specialist).

2.  A DD Form 458 (Charge Sheet), dated 9 July 2001, shows charges were
preferred against the applicant for wrongful use of cocaine, rape of a
female civilian, and for unlawfully striking a child under the age of 16
years.

3.  On 13 July 2001, an investigating officer was designated to conduct an
investigation of charges brought against the applicant.  The investigation
began on 23 July 2001.

4.  The Investigating Officer's Report revealed that the evidence against
the applicant showed that he had sex with a civilian female against her
will, that he had struck a child under the age of 16 years, and that the
results of a urinalysis test showed he was positive for the use of cocaine.
 The investigating officer that conducted the investigation recommended
that the applicant's case be referred to a general court-martial for trial.


5.  The applicant's medical records are not available.

6.  The applicant's request for discharge for the good of the service
packet is not available.

7.  The applicant's service personnel records do not contain the facts and
circumstances surrounding his separation process.  However, his DD Form 214
shows that he was discharged on 5 October 2001 under the provisions of
chapter 10 of Army Regulation 635-200 (Personnel Separations) by reason of
"In lieu of trial by court-martial."  He was discharged with a
characterization of service as under other than honorable conditions after
completing a total of 5 years, 7 months, and 20 days of creditable active
service with no lost days.

8.  On 22 May 2002, the Army Discharge Review Board (ADRB) denied the
applicant’s request to upgrade his discharge.

9.  On 19 March 2003, after a personal appearance hearing, the ADRB again
denied the applicant’s request to upgrade his discharge.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides,
in pertinent part, that a member who has committed an offense or offenses
for which the authorized punishment includes a punitive discharge may at
any time after the charges have been preferred, submit a request for
discharge for the good of the service in lieu of trial by court-martial.  A
discharge under other than honorable conditions is normally considered
appropriate.

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

12.  Army Regulation 635-200, paragraph 3-7, 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.  Lacking evidence to the contrary, it is presumed that all requirements
of law and regulation were met and that the rights of the applicant were
fully protected throughout the separation process.  Therefore, it is
concluded that the applicant’s discharge was proper and equitable.

2.  There is no evidence of record and the applicant has not provided
evidence that shows he was diagnosed or treated for bipolar and maniac-
depressive disorders.  There is no medical evidence of record that shows
the applicant had any illness or medical problem prior to his discharge on
5 October 2001.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ FE___  __ LDS __  __ MJF _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





                                  ___ Fred Eichorn ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008001                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |12 May 2005                             |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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