RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 AUGUST 2006
      DOCKET NUMBER:  AR20040010430


      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. Paul Smith                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard Hassell               |     |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 the 1986 discharge of his son, a deceased
former service member, be upgraded.

2.  The applicant states that his son's discharge should be upgraded in
accordance with the orders contained in a copy of his son's June 1985
request for an unqualified resignation.  He notes his son is deceased and
he requests that his honor as a commissioned officer be restored.

3.  The applicant provides a copy of his son's unqualified resignation.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the former service member
entered active duty on 19 March 1975 as a commissioned officer.  His
records indicate he was a successful officer, generally receiving
exceptional performance evaluation reports, and receiving a Meritorious
Service Medal in April 1984 for his meritorious service as a Terminal
Operations Officer in Spain.  He was promoted to captain in 1979 and
assigned to a transportation unit in Panama in 1984.

2.  On 28 May 1985 he was relieved for cause after jeopardizing his
position as an impartial leader by soliciting and accepting a loan from a
subordinate and further complicating matters by being deceptive about his
personal financial position.

3.  On 14 June 1985 he was issued a letter of reprimand stemming from the
above noted incidents.

4.  The unqualified resignation, contained in the former service member's
file, and provided by the applicant in support of his request, was
initiated on 24 June 1985 under the provisions of Chapter 3, Army
Regulation 635-120.  The former service member stated in his request that
he was submitting his unqualified resignation because he felt his continued
service in the Army would be of no benefit to him or the Army.  He
indicated he understood that if his resignation was accepted he would be
discharged under honorable conditions and furnished an Honorable or General
Discharge Certificate.

5.  Members of his chain of command, however, recommended that his
unqualified resignation request be denied because he was pending charges
which would be referred for trial by court-martial.  Those charges included
wrongful appropriation of currency from the Army and Air Force Exchange
Service in Panama on several occasions between October and November 1984
and in June 1985, issuing multiple checks knowing he did not or would not
have sufficient funds for payment of the checks, and lying to his
commanding officer regarding his debt to a noncommissioned officer and the
extensiveness of his overall indebtness.  On 1 October 1985 his request for
unqualified resignation was disapproved by the Officer Personnel Management
Division, Special Review Board.

6.  A 3 December 1985 telephone conversation record, contained in the
former service member's file, indicates he submitted a request for
resignation for the good of the service under the provisions of Chapter 5,
Army Regulation 635-120.

7.  Although a copy of the resignation for the good of the service is not
contained in the former service member's file a message from the Army's
military personnel headquarters dated 17 January 1986 advised the service
member that his resignation for the good of the service had been approved
and that he would be discharged under other than honorable conditions.

8.  On 19 February 1986 the former service member was discharged under
other than honorable conditions under the provisions of Army Regulation 635-
120, Chapter 5, for conduct triable by court-martial.  He had nearly 11
years of active Federal service at the time.  The former service member
authenticated the accuracy of the information on his separation document,
including the characterization of his service, by his signature in item 21.

9.  The former service member died on 15 August 2003.

10.  Army Regulation 635-120, in effect at the time, established policies
and procedures for officer resignations and separations.  Chapter 3 of that
regulation provided that any officer of the active Army could tender a
resignation under this chapter if he or she had fulfilled various service
obligations.  An unqualified resignation accepted by Headquarters,
Department of the Army, was under honorable conditions.

11.  Chapter 5 of Army Regulation 635-120, provided that an officer could
submit a resignation for the good of the service when general court-martial
charges were preferred against him, if he were under a suspended sentence
of dismissal, or he elected to tender his resignation prior to general
court-martial charges being preferred against him and prior to being
recommended for elimination.  A resignation for the good of the service,
when approved by Headquarters, Department of the Army, was normally
accepted as being under other than honorable conditions.
DISCUSSION AND CONCLUSIONS:

1.  While the Board offers its deepest condolences to the applicant, the
evidence available to the Board indicates that his son's request for an
unqualified resignation, which would have entitled to him a discharge under
honorable conditions, was not accepted by the approving authority.  Hence,
the copy of his son's unqualified resignation, submitted in support of his
request to the Board, does not dictate that his son's discharge be
upgraded.

2.  Although documents associated with the former service member's
resignation for the good of the service were not in records available to
the Board, in the absence of evidence to the contrary it is presumed that
the separation action was conducted in accordance with appropriate laws and
regulations.  His signature, attesting to the fact that he was familiar
with the information contained on his separation document, including the
characterization of his service, supports this conclusion.

3.  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

__PS ___  __YM ___  __LH____  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.



                                  _______Paul Smith_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010430                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050830                                |
|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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