RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          3 November 2005
      DOCKET NUMBER:  AR20050000625


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas Howard                 |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 clemency in the form of an
honorable or general discharge be granted.

2.  The applicant states, in effect, that his discharge should be upgraded
for the following reasons: (1) under current standards he would not have
received the type of discharge he did; (2) his ability to serve was
impaired by his youth and immaturity; (3) he is a law abiding citizen and
religious man; (4) his record of Article 15s indicate only minor offenses;
and (5) that he was so close to finishing his tour that it was unfair to
give him a bad discharge.

3.  The applicant provides six character reference letters.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 18 December 1954.  He enlisted on 29 October
1972 for a period of 2 years.  He successfully completed basic combat
training and advanced individual training in military occupational
specialty 76A (supplyman).

2.  On 13 March 1973, nonjudicial punishment was imposed against the
applicant for larceny.  His punishment consisted of a forfeiture of pay and
extra duty.

3.  On 27 March 1973, nonjudicial punishment was imposed against the
applicant for being absent without leave (AWOL) from 17 March 1973 to 21
March 1973.  His punishment consisted of a forfeiture of pay and extra duty
(suspended).

4.  On 15 June 1973, nonjudicial punishment was imposed against the
applicant for being derelict in the performance of his duties (sleeping on
duty).  His punishment consisted of a forfeiture of pay and extra duty.

5.  On 10 July 1973, nonjudicial punishment was imposed against the
applicant for disobeying a lawful order.  His punishment consisted of a
forfeiture of pay (suspended) and 7 days of correctional custody.

6.  On 28 February 1974, the applicant was convicted by a special court-
martial of three specifications of being AWOL (from 25 January 1974 to 29
January 1974; 7 December 1973 to 10 December 1973; and 30 August 1973 to
8 October 1973).  He was sentenced to be confined at hard labor for 60 days
and to forfeit $160 pay per month for 2 months.  On 12 March 1974, the
convening authority approved the sentence.

7.  On 24 April 1974, nonjudicial punishment was imposed against the
applicant for assault.  His punishment consisted of a forfeiture of pay.

8.  On 27 June 1974, nonjudicial punishment was imposed against the
applicant for two specifications of failure to repair.  His punishment
consisted of a forfeiture of pay, restriction, and extra duty.

9.  On 21 August 1974, in accordance with his pleas, the applicant was
convicted by a special court-martial of larceny (electronic equipment
valued at $740, the property of three Soldiers) and being AWOL from 2 July
1974 to 12 July 1974.  He was sentenced to be discharged with a bad conduct
discharge, to be confined at hard labor for 4 months, to forfeit $217 pay
per month for 4 months, and to be reduced to E-1.  On 13 September 1974,
the convening authority approved only so much of the sentence as provided
for a bad conduct discharge, confinement at hard labor for 2 months,
forfeiture of $217 pay per month for 4 months, and a reduction to E-1.

10.  The decision of the U.S. Army Court of Military Review is not
available.
On 27 February 1975, the bad conduct discharge was ordered to be executed.


11.  Accordingly, the applicant was discharged with a bad conduct discharge
on 24 March 1975 under the provisions of Army Regulation 635-200, chapter
11, as a result of a court-martial.  He had served 1 year, 11 months and 25
days of total active service with 163 days of lost time due to AWOL and
confinement.

12.  The applicant provided six character reference letters from a
rehabilitation counselor, co-worker, a social worker, and friends.  They
attest the applicant is responsible, reliable, dependable, a role model, a
productive member of society, and a leader.

13.  Army Regulation 635-200 sets forth the basic authority for separation
of enlisted personnel.  Chapter 11 of this regulation, in effect at the
time, states that a Soldier will be given a bad conduct discharge 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.

14.  The 2005 Edition of the Manual for Courts-martial provides, in
pertinent part, that the maximum authorized punishment for being AWOL for
more than 3 days but not more than 30 days is confinement for 6 months and
forfeiture of two-thirds pay for 6 months.  The manual states that the
maximum authorized punishment for larceny (property other than military
property of a value of more than $500) is a dishonorable discharge,
forfeiture of all pay and allowances (FAPA), and confinement for 5 years.
15.  Section 1552(f), Title 10, United States Code states that the Army
Board for Correction of Military Records can only review records of court-
martial and related administrative records to correct a record to
accurately reflect action taken by reviewing authorities under the Uniform
Code of Military Justice or to take clemency action.

16.  Army Regulation 635-200, paragraph 3-7, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality of the member’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel (emphasis
added), or is otherwise so meritorious that any other characterization
would be clearly inappropriate.

17.  Army Regulation 635-200, paragraph 3-7, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently
meritorious to warrant an honorable discharge.  A characterization of under
honorable conditions may be issued only when the reason for the Soldier’s
separation specifically allows such characterization.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's contention that
under current standards he would not have received the type of discharge he
did.  The 2005 Edition of the Manual for Courts-martial states that the
maximum authorized punishment for larceny (property other than military
property of a value of more than $500) is a dishonorable discharge, FAPA,
and confinement for 5 years.

2.  Age is not a sufficiently mitigating factor.  The applicant was almost
18 years old when he enlisted and he successfully completed basic combat
training and advanced individual training.

3.  Good post-service conduct alone is not a basis for upgrading a
discharge.

4.  Although the applicant contends that his record of nonjudicial
punishments indicate only minor offenses, evidence of record shows
nonjudicial punishment was imposed against him on six occasions for various
infractions which include larceny and assault.

5.  The character reference letters submitted on behalf of the applicant
fail to show that his discharge was unjust and should be upgraded.

6.  The applicant’s record of service included six nonjudicial punishments,
two special court-martial convictions, and 163 days of lost time.  As a
result, his record of service was not satisfactory and did not meet the
standards of acceptable conduct and performance of duty for Army personnel.
 Therefore, clemency in the form of an honorable discharge is not warranted
in this case nor was his service sufficiently satisfactory to warrant a
general discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

TH_____  JI______  _CD_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.



            ___Thomas Howard______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000625                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |BCD                                     |
|DATE OF DISCHARGE       |19750324                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 11                   |
|DISCHARGE REASON        |As a result of court-martial            |
|BOARD DECISION          |NC                                      |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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