RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040011502


      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. Ronald Blakely                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 under other than honorable conditions
discharge be upgraded.

2.  The applicant states he was young and deeply regrets the things he did.
 He notes that now, as a man, the consequence of his youthful actions have
been haunting him for 18 years and he is truly sorry for his bad judgment.

3.  The applicant provides one letter of support.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant enlisted and
entered active duty on 8 February 1985.  He was 19 years old at the time
and a high school graduate.  He successfully completed training and a tour
of duty in Korea prior to being assigned to Fort Ord, California in July
1986.  By February 1986 he had been promoted to pay grade E-3.

2.  In January 1987, while assigned to an engineer battalion at Fort Ord,
the applicant was punished under Article 15 of the Uniform Code of Military
Justice for use of marijuana.  He was punished again in April 1987 for use
of drugs and for disobeying a lawful order.

3.  On 7 August 1987, after charges were preferred against the applicant
for wrongful distribution of marijuana, the applicant consulted with
counsel and requested discharged under the provisions of Army Regulation
635-200, Chapter 10, in lieu of trial by court-martial.  His request
acknowledged he understood the nature and consequences of the undesirable
discharge, which he might receive.  He indicated he understood he could be
denied some or all veterans' benefits as a result of his discharge and that
he may be deprived of rights and benefits as a veteran under both Federal
and State law.  He did not submit any statements in own behalf.

4.  The applicant’s request was approved and on 20 August 1987 the
applicant was discharged under other than honorable conditions.  He had 2
years,
6 months and 13 days of active Federal service.



5.  The statement submitted in support of his petition to this Board is
from a family friend who attests to the applicant’s good citizenship, work
ethic, and love of his family.

6.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides,
in pertinent part, that a member who has committed an offense or offenses
for which the authorized punishment includes a punitive discharge may at
any time after the charges have been preferred, submit a request for
discharge for the good of the service in lieu of trial by court-martial.  A
discharge under other than honorable conditions is normally considered
appropriate.

7.  Army Regulation 635-200 also states that an honorable discharge is a
separation with honor.  The honorable characterization is appropriate when
the quality of the soldier’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel, or is
otherwise so meritorious that any other characterization would be clearly
inappropriate.

8.  There is no indication the applicant applied to the Army Discharge
Review Board within the prescribed 15 year time limit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.  His successful completion of training
and tour of duty in Korea, in addition to his promotion to pay grade E-3,
clearly indicates that the applicant was capable of honorable service, in
spite of his youth.  It is noted that he was almost 22 years old when he
was charged with wrongful distribution of marijuana.

2.  The fact that the applicant has now come to realize the consequence of
his less than honorable discharge, and his contention that he has been a
good citizen and regrets the bad judgment which served as the basis for him
to request discharge rather than face a court-martial, have been noted.
However, none of those issues outweighs the seriousness of his conduct
while in the military and does not, in this case, provide an adequate basis
to grant relief as a matter of equity.

3.  The applicant’s discharge was accomplished in accordance with
applicable laws and regulations, and at the request of the applicant.  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

__RB ___  __LF____  __LD  ___  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.





                                  _____Ronald Blakely________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011502                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|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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