RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 February 2005
      DOCKET NUMBER:  AR20040000802


      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          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 narrative reason for separation be
changed on his DD Form 214 (Certificate of Release or Discharge from Active
Duty) to read "Expiration of Term of Service."

2.  The applicant states, in effect, that he is currently in the California
Army National Guard (CAARNG).  He further states that he applied for an
Active Guard Reserve (AGR) position but was denied because of the verbiage
in item 28 (Narrative Reason for Separation) of his DD Form 214.

3.  The applicant provides a DD Form 214, dated 22 May 1985; a DD Form 257A
(General Discharge Certificate), dated 22 May 1985; a letter from the U.S.
Army Reserve Personnel Center, Veterans Services Directorate, dated 20
March 1992; a letter from the U.S. Army Reserve Personnel Center, Personnel
Services Division, dated 22 May 1991; a copy of CAARNG, Orders 027-647,
dated 27 January 2003; a DA Form 1059 (Service School Academic Evaluation
Report (AER)); dated 12 April 2003; an AER, dated 16 January 2004; a NGB
Form 34-1 (Application for Active Guard/Reserve (AGR) Position) dated 17
February 2004; and a DA Form 2166-8 (Non-commissioned Officer Evaluation
Report), dated 24 October 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 January 1979 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty (MOS) 11B (Infantryman).

2.  On 23 August 1984, the applicant accepted nonjudicial punishment (NJP)
under Article 15, Uniform Code of Military Justice (UCMJ) for assault and
battery/drunk and disorderly.

3.  A DD Form 458 (Charge Sheet), dated 6 March 1985, shows charges were
preferred against the applicant for being absent without leave (AWOL) for
the period 15 December 1984 through 4 March 1985.

4.  On 6 March 1985, after consulting with counsel, the applicant submitted
a request for discharge for the good of the service under the provisions of
chapter 10 of Army Regulation 635-200 (Personnel Separations).  The
applicant indicated in his request that he understood he could be
discharged under other than honorable conditions and furnished an Under
Other Than Honorable Conditions Discharge; that he may be deprived of many
or all Army benefits; that he may be ineligible for many or all benefits
administered by the Department of Veterans Affairs; and that he may be
deprived of his rights and benefits as a veteran under both Federal and
State law.  He also acknowledged that he may expect to encounter
substantial prejudice in civilian life because of an Under Other Than
Honorable Conditions Discharge.

5.  The applicant submitted a statement on his own behalf that stated, in
effect, that he applied for joint domicile but was denied before being
assigned to Italy eight months into his wife's pregnancy.  He further
stated once there he was falsely charged with drunk and disorderly conduct
and conduct unbecoming a Non-Commissioned Officer.  He continued that he
was later reassigned to Germany and took leave prior to reporting.

6.  While on leave he went to Fort Bragg to get help from his former
commanders and was told there was nothing they could do to help him.  By
that time, his wife had already had the baby.  On his last day of leave he
went to AWOL apprehension and was told there was nothing they could do
until Germany gave them a drop from roll (DFR) date.  The applicant
concluded that the reason he went AWOL was because of financial and marital
problems.

7.  On 26 March 1985, the appropriate authority approved the applicant's
request for discharge for the good of the service under the provisions of
chapter 10 of Army Regulation 635-200.  He directed that the applicant be
issued an under other than honorable conditions discharge.  On 22 May 1985,
the applicant was discharged from the active service.  The applicant had
completed 6 years, 1 month, and 4 days of creditable service with a total
of 78 lost days due to AWOL.

8.  On 10 April 1987, the ADRB considered the applicant’s request to change
the characterization of his discharge.  The ADRB unanimously determined
that the characterization and reason of his discharge was proper as under
other than honorable conditions.

9.  On 19 November 1988, the applicant enlisted in the CAARNG   He served
in the duty MOS Infantryman with the 160th Infantry, CAARNG.

10.  The applicant reapplied to the ADRB to upgrade his discharge.  On
12 August 1991, the ADRB majority board members granted partial relief to
upgrade the applicant's characterization of service to (general) under
honorable conditions and unanimously voted no change to the narrative
reason for separation.  Records show that the applicant was issued a
corrected DD Form 214 that showed his discharge Under Conditions Other Than
Honorable was changed to Under Honorable Conditions.

11.  On 20 June 1993, the applicant’s commander initiated an elimination
packet on the applicant for separation under the provisions of chapter 7 of
Army Regulation 138-178 (Enlisted Administrative Separations) and under the
provisions of paragraph 8 of National Guard Regulation 600-200 (Enlisted
Personnel Management).  The reason cited by the commander was the
applicant’s chronic AWOLs and positive drug test.

12.  The applicant was notified by letter and advised of his rights.  He
was given 15 days to reply or a non-response would be considered as a
waiver of his rights. He failed to respond and the commander approved the
applicant's separation with a general discharge.

13.  On 14 January 1994, the applicant was issued a (general) under
honorable conditions discharge from the CAARNG and was transferred to the
U.S. Army Reserve Control Group (Reinforcement).

14.  On 28 December 2001, the applicant reentered the CAARNG.

15.  On 30 January 2003, the applicant was ordered to active duty in
support of Operation Enduring Freedom for a period not to exceed 730 days.

16.  The applicant has submitted several documents that show his post
service achievements in the CAARNG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he applied for an AGR position, but was
denied because of the narrative reason for separation on his corrected DD
Form 214.
However, the ABCMR does not grant relief solely for the purpose of gaining
employment or enhancing employment opportunities.

2.  Evidence shows that the applicant was properly and equitably discharged
at his request in lieu of trial by court-martial in accordance with the
regulations in effect at the time.  Although the ADRB later upgraded the
applicant's discharge from Under Conditions Other Than Honorable to Under
Honorable Conditions, that does not change the fact he did not separate
upon his expiration term of service.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__EF ___  ___JRS__  __LVB __  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.





                                  ___ Mr. Fred Eichorn___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000802                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |10 February 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.                      |                                        |


-----------------------
[pic]