RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 January 2005
      DOCKET NUMBER:   AR2004103796


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 bad conduct discharge (BCD)
be upgraded to that of a general discharge (GD) under honorable conditions.

2.  The applicant states, in effect, that he believes his punishment was
too harsh. A couple of minor offenses should not warrant a BCD.  Overall,
his performance and conduct were good.

3.  The applicant provides in support of his request an Army Achievement
Medal, dated 25 September 1986; a Certificate for completion of the "Old
Guard" Ceremonial Training Program, dated 2 November 1984; a Certificate
for completion of the Obstacle Building, Explosives Handling, and
Demolitions Course, from 21-28 July 1986; a Diploma for completion of the
11B Course; and a Certificate from the Armed Forces Inaugural Committee in
recognition of his support and services, dated 1985.

CONSIDERATION OF EVIDENCE:

1.  On 13 March 1984, the applicant enlisted in the Delayed Entry Program
(DEP).  On 20 June 1984, he was discharged from the DEP and he enlisted in
the Regular Army for 4 years, training in military occupational specialty
(MOS) 11B, Infantryman, an Army Cash Bonus in the amount of $8,000 and for
the Army College Fund Program.  Following completion of all required
military training, he was awarded MOS 11B, Infantryman.

2.  On 28 August 1984, while assigned to Fort Benning, Georgia for One
Station Unit Training, nonjudicial punishment (NJP) under the provisions of
Article 15, Uniform Code of Military Justice (UCMJ), was imposed against
the applicant for disobeying a lawful order from a commissioned officer.
His punishment included 14 days of extra duty and restriction and a
forfeiture of $133.00 pay per month for 1 month.

3.  The applicant served in Korea without any recorded incidents between
15 February 1985 to 2 December 1986.  On 27 January 1987, he was assigned
to Fort Campbell, Kentucky.

4.  On 19 May 1987, NJP under the provisions of Article 15, UCMJ, was
imposed against him for failure to go to his appointed place of duty on 19
March 1987.  His punishment included reduction from pay grade E-4 to pay
grade E-3, 14 days of extra duty and a forfeiture of $196.00 pay for 1
month.

5.  On 23 June 1987, the applicant was convicted pursuant to his pleas by a
special court-martial of being absent without leave (AWOL) from his unit
from
25 March to 1 April 1987 and from 6 April to 6 May 1987, and of wrongful
use of marijuana between 4 January and 4 February 1987.  He was sentenced
to reduction from pay grade E-3 to pay grade E-1, confinement at hard labor
for 75 days, and to be separated with a BCD.

6.  On 15 July 1987, the applicant was placed on excess leave pending
completion of the appellate review process.  On 6 August 1987, the sentence
was approved.

7.  On 2 March 1988, the findings were affirmed and the sentence was
approved. The appropriate authority ordered the BCD to be duly executed.

8.  The applicant's DD Form 214 Certificate of Release or Discharge from
Active Duty) shows that on 20 May 1988, he was discharged in absentia under
the provisions of chapter 3, Army Regulation 635-200, with a BCD as a
result of conviction by a special court-martial.  He completed 3 years, 8
months, and 18 days of active military service.  He also had in excess of
100 days of lost time due to being AWOL and in military confinement.

9.  On 6 February 2002, the Army Discharge Review Board (ADRB) denied the
applicant’s request for an upgrade of his discharge under that board's 15-
year statute of limitations.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 3, paragraph 3-11, provides that
a soldier will be given a BCD pursuant only to an approved sentence of a
general or special court-martial.  The appellate review must be completed
and the affirmed sentence ordered duly executed.

11.  Court-martial convictions stand as adjudged or modified by appeal
through the judicial process.  In accordance with Title 10, United States
Code, Section
1552, the authority under which this Board acts, the ABCMR is empowered to
change the severity of the sentence imposed in the court-martial process
only if clemency is determined to be appropriate.  Clemency is an act of
mercy, or instance of leniency, to moderate the severity of the punishment
imposed.
DISCUSSION AND CONCLUSIONS:

1.  Trial by court-martial was warranted by the gravity of the offenses
charged.  Conviction and discharge were effected in accordance with
applicable law and regulations, and the discharge appropriately
characterizes the misconduct for which the applicant was convicted.

2.  The applicant's training and military awards were noted, however, they
were not sufficiently mitigating to warrant clemency in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__lds___  __jtm___  __cak___  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.




                 Linda D. Simmons
            ______________________
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103796                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050111                                |
|TYPE OF DISCHARGE       |(BCD)                                   |
|DATE OF DISCHARGE       |19880520                                |
|DISCHARGE AUTHORITY     |AR635-200, Chap 3                       |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.6000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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