RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 JULY 2005
      DOCKET NUMBER:  AR20040007762


      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             |
|     |Ms. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Kenneth Wright                |     |Member               |
|     |Mr. Joe Shroeder                  |     |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 records be corrected by upgrading his
discharge to general under honorable conditions.

2.  The applicant states that he should have at least received a general
under honorable conditions discharge, that he made a few mistakes, but was
a good Soldier, and received the Army Service Ribbon, National Defense
Service Medal, Air Assault Badge, Sharpshooter Badge and was an expert with
grenades.

3.  He states that he and another Soldier returned from being absent
without leave (AWOL), and a few days later eighteen other Soldiers
returned, he and the Soldier who returned with him received an other than
honorable discharge, and the other Soldiers were given a general under
honorable conditions discharge.  At the time of his return to the Army from
an AWOL status he was told that he would be allowed to remain in the Army,
where he anticipated being able to correct some of the mistakes he had
made, but at the last moment he was discharged.  His legal counsel informed
him that he could challenge his discharge while on active duty or wait
until after his discharge and apply to the Army Discharge Review Board
(ADRB).  He waited until after his discharge, and applied to the ADRB, but
his request was denied.

4.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 31 August 2000, for a
period of
3 years.

2.  On 17 October 2001, the applicant was counseled concerning a letter of
indebtedness received by his commander.  He was advised that such action
would not be tolerated and was told to make payments on his debt.

3.  On 1 April 2003, the applicant accepted nonjudicial punishment under
the provisions of Article 15, Uniform Code of Military Justice for being
AWOL from
17 May 2002 to 24 February 2003.  His punishment was reduction to pay grade
E-2, forfeiture of pay (suspended), extra duty and restriction.




4.  On 23 April 2003, a medical examination cleared the applicant for
separation.

5.  On 24 April 2003, a Mental Status Evaluation cleared the applicant
psychiatrically for any administrative action deemed appropriate by his
command.

6.  On 2 May 2003, the applicant was notified by his commander that he was
initiating action to separate him for commission of a serious offense,
under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-
12c.  The specific reasons for his commander’s action was the applicant’s
AWOL from
22 October 2001 to 14 May 2002, and from 17 May 2002 to 24 February 2003,
his failure to go to his appointed place of duty, and for failure to pay
just debts.  His commander recommended he receive an “other than honorable
conditions discharge.”  The applicant was advised of his rights and the
options available to him.

7.  On 2 May 2003, the applicant acknowledged receipt of notification by
his commander that he was initiating action to separate him under the
provisions of Army Regulation 635-200, Chapter 14.

8.  On 20 May 2003, after consulting with counsel, the applicant waived
consideration of his case by a board of officers, waived representation by
legal counsel and elected not to submit a statement in his own behalf.

9.  On 16 June 2003, the appropriate separation authority approved the
applicant’s discharge under the provisions of Army Regulation 635-200,
Chapter 14.

10.  On 23 June 2003, the applicant was discharged under Army Regulation
635-200, Chapter 14, with an under other than honorable conditions
characterization of service.  His DD Form 214 indicates he had 2 years, 7
months and 24 days of active service, and 480 days of lost time.

11.  His records do confirm that he was awarded the National Defense
Service Medal, the Army Service Ribbon and the Air Assault Badge.

12.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
prescribes procedures for separating members for misconduct.  Specific
categories include minor disciplinary infractions, a pattern of misconduct,
commission of a serious offense, conviction by civil authorities, and
desertion or absence without leave.  Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impractical or is unlikely to succeed.

13.  The applicant applied to the Army Discharge Review Board (ADRB) to
upgrade his discharge.  On 6 September 2004, the ADRB reviewed and denied
the applicant’s request for upgrade.  The ADRB determined that the
applicant’s discharge was proper and equitable and that the discharge was
properly characterized as under other than honorable conditions.

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 the facts of the case.

3.  The applicant’s contention that he was a good Soldier, and received
several awards, does not mitigate his numerous days of lost time, his
failure to go to his appointed place of duty, and his failure to pay just
debts, and does not justify granting the relief requested.

4.  There is no evidence in the available records nor did the applicant
provide documentation to substantiate his claim that he was treated
unfairly when compared to other Soldiers who were also AWOL and who
returned to duty during his same period of time.

5.  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 that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JA____  ___KW__  ___JS___  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 for correction of the
records of the individual concerned.




                                  ____James Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007762                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050714                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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