RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 February 2005
      DOCKET NUMBER:  AR20040000644


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Ms. Susan A. Powers               |     |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, reconsideration of his request for
an upgrade of his undesirable discharge (UD).

2.  The applicant states, in effect, that he needs an upgrade of his
discharge because he is in need of help with medical and prescription drug
expenses he is experiencing because of his serious illness.  He also claims
that he was unjustly declared absent without leave (AWOL) while home
attending the funeral of his father after he had called and received an
extension of his leave.

3.  The applicant provides a self-authored statement, photo of his father’s
coffin with comments, police records check and doctor’s statement in
support of his reconsideration request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records that were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003095347, on 30 March 2004.

2.  The applicant’s record shows he was inducted into the Army and entered
active duty on 3 June 1966.  He was trained in and awarded military
occupational specialty (MOS) 76A (Supply Clerk) and the highest rank he
attained while serving on active duty was private/E-2 (PV2).

3.  The applicant’s record shows that during his tenure on active duty he
earned  the Marksman Qualification Badge with Rifle Bar.  The record
documents no acts of valor, significant achievement or service warranting
special recognition.

4.  Separation action was initiated based on his conviction of the
possession of unlawful mail matter.  During his separation processing, he
consulted with legal counsel and was advised of the effects of an UD, and
on the possible loss of many or all Army and Department of Veterans Affairs
(VA) benefits.  He also chose not to submit a statement in his own behalf.

5.  On 3 June 1966, the applicant was separated under the provisions of
Army Regulation 635-206, by reason of a civil court conviction, and
received an UD.  At the time, he had completed a total of 10 months and 11
days of creditable active military service and had accrued 2 days of time
lost due to being absent without leave (AWOL).

6.  During its original consideration of the case, the Board found that the
applicant’s discharge had been accomplished in accordance with the
applicable regulation and that he had not been deprived of any rights
during the separation process.

7.  The applicant now submits, as new evidence and/or argument, a doctor’s
statement that indicates he is suffering from severe coronary disease and
is totally disabled as a result.  This statement further indicates that the
applicant’s medical expenses are roughly $600.00 a month.  This doctor’s
statement was available to and considered by the Board during its original
deliberations.

8.  The applicant also provides statements indicating that he is in dire
need of help with medical expenses and to assist in paying off debts.  In
addition, he provides a records check from the Dallas County Sheriff’s
office, Selma, Alabama, that confirms he has no criminal record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his discharge should be upgraded in
order to assist him with medical expenses and debt he has incurred as a
result of his illness, and his post service conduct were carefully
considered.  However, while his medical situation is unfortunate, these
factors are not sufficiently mitigating to warrant an upgrade of his
discharge at this late date.

2.  The evidence of record confirms the applicant understood that he would
likely lose entitlement to any benefits administered by the VA, which
includes medical benefits, as a result of receiving an UD.  It further
shows that after being counseled on the effect of an UD by legal counsel,
he voluntarily waived consideration of his case by a board of officers and
elected not to submit a statement in his own behalf.

3.  The evidence of record confirms that all requirements of law and
regulation were met, the rights of the applicant were fully protected
throughout the separation process and that his discharge accurately
reflects his overall record of short and undistinguished service.

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.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MKP_  __SAP __  __SLP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of
the ABCMR set forth in Docket Number AR2003095347, dated 30 March 2004.




            ____Margaret K. Patterson__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040000644                           |
|SUFFIX                  |                                        |
|RECON                   |AR2003095347  2003/03/30                |
|DATE BOARDED            |2005/02/08                              |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |1966/06/03                              |
|DISCHARGE AUTHORITY     |AR 635-206                              |
|DISCHARGE REASON        |Civil Conviction                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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