RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040010104


      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. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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, that his characterization of service
and narrative reason for discharge be upgraded.

2.  The applicant states that he wants to serve in Iraq.  He adds he "got
arrested for a civilian criminal charge and the Army abandoned [him]."

3.  The applicant provides no documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 January 2001 for 3
years and training as an infantryman.  Following One-Station Unit Training
(OSUT) at Fort Benning, Georgia, he was transferred to Fort Riley, Kansas
for duty in his military occupational specialty.  He departed Fort Benning
in June 2001.  The applicant did not report for duty at Fort Riley and was
placed in an absent without leave (AWOL) status.

2.  On 28 August 2001 while still in an AWOL status, the applicant shot and
killed his step-uncle after the uncle threatened to report him to local
authorities as AWOL from the Army.  He then stole his uncle's money and car
and fled toward the Canadian border.  During his flight, he entered a
motorist rest stop where he forced a male parked at a rest stop into his
uncle's car.  He then shot the male in the face, killing him.  He then
stole the male's automobile and money and fled the area.

3.  The applicant was apprehended by civilian law enforcement in Oneonta,
New York.  He was tried in Sullivan County (New York) Court and convicted
of two counts of murder in the first degree, two counts of burglary in the
first degree, criminal use of a firearm in the first degree, two counts of
grand larceny in the fourth degree, burglary in the third degree, and
criminal possession of a weapon in the fourth degree.  On 6 May 2002, he
was sentenced to life without possibility of parole.  He appealed his
conviction.

4.  On 5 October 2002, the applicant's unit commander notified him of
initiation of separation action under the provisions of chapter 14, Army
Regulation (AR) 635-200, by reason of misconduct (civil conviction).  He
was provided legal counsel, advised of his rights and of the impact of the
proposed discharge action.  He requested consideration of his case by a
board of officers and did not submit a statement in his own behalf.

5.  A board of officers convened on 10 January 2003.  The applicant was not
present, but was represented by counsel.  The board recommended the
applicant be separated with an under other than honorable conditions
(UOTHC) discharge.  On 19 February 2003, the separation authority approved
the findings and recommendation of the board of officers and directed the
applicant be discharged with a UOTHC characterization of service.

6.  On 6 June 2003, the applicant was discharged under conditions other
than honorable under the provisions of chapter 14, AR 635-200 for
misconduct.  He was given a reentry (RE) code of 4, not eligible to
reenlist.

7.  The applicant petitioned the Army Discharge Review Board (ADRB) seeking
a discharge upgrade.  The ADRB, after considering his case on 22 September
2004, denied his request.

8.  AR 635-200 sets forth the basic authority for the separation of
enlisted Soldiers.  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, convictions by civil authorities, and desertion and AWOL.  When a
Soldier is convicted by civil authorities, the regulation mandates
consideration for discharge.  A UOTHC discharge is normally considered
appropriate under chapter 14.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed OSUT and received an infantry military
occupational specialty.  While en route to his first permanent duty
assignment, he went AWOL. It was the applicant who abandoned the Army, not
the Army who abandoned the applicant.

2.  The applicant murdered two human beings and stole their property.  He
was convicted in civil court and sentenced to confinement for life without
the possibility of parole.  His conviction by civil authorities obligated
military authorities to consider the applicant for discharge.  Retention is
normally only considered only in exceptionally meritorious cases when
clearly in the best interests of the Army.  The applicant clearly
demonstrated himself to be unworthy of retention.

3.  The applicant’s discharge proceedings were conducted in accordance with
law and regulations.  The character of the discharge is commensurate with
the applicant's overall record of military service.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __jtm___  __ljo___  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.



                                  William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010104                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |20030604                                |
|DISCHARGE AUTHORITY     |AR 635-200 C14                          |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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