RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050001537


      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:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 the undesirable discharge (UD)
of her deceased brother by court order, hereafter known as the former
service member (FSM), be upgraded from an UD to a general discharge (GD) or
a fully honorable discharge (HD).

2.  The applicant states the FSM, at an early age, was continuously
tortured by a babysitter and that he became a pyromaniac as a result of
this torture.  His reputation and psyche were damaged and he was unable to
withstand the rigors of boot camp.  He was convicted and placed in
confinement for possession of marijuana.  Soon thereafter he was separated
with an UD after being involved in a fighting incident.

3.  The applicant also states that the FSM was not drafted; he voluntarily
enlisted despite having a high lottery number.  Therefore, the FSM was
"good enough to die for his country" and the applicant believes his UD
should be upgraded based on the change in society's attitude towards
marijuana use and due to the fact that the FSM was unable to withstand the
rigors of boot camp due to childhood abuse.

4.  The applicant provides in support of her request:

      a.  The FSM's Certificate of Birth and the applicant's Certificate of
Birth which demonstrates proof of kinship.

      b.  A Court Order from the District Court of the State of Kansas,
dated
5 January 2005 that shows the applicant petitioned the court for an order
declaring the FSM to be presumptively dead.   The court ordered and
adjudged the FSM was presumed dead under the Probate Code presumption of
death after being absent for more than 7 years as of July 1979.

      c.  A letter written by the FSM's attorney, in which the attorney
states, he has no recollection as to what the FSM was charged with 30 years
ago when he was separated "for the good of the service in 1971."

      d.  The applicant's Baptism Certificate, dated 19 December 2000.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
28 October 1971.  The application submitted in this case is dated 6 January
2005.
2.  On 9 June 1971, the FSM enlisted in the Regular Army for a period of 2
years. The available evidence shows that while assigned to Fort Campbell,
Kentucky for basic combat training (BCT), he was pending separation for
fraudulent enlistment due to a civilian drug possession charge that he
failed to disclose prior to enlistment.  The disposition of the fraudulent
enlistment issue is not stated in the available record. However, the FSM's
unit commander during that time frame stated that he believed that the
FSM's negative attitude and insubordination would make rehabilitation
questionable.

3.  On 9 September 1971, court-martial charges were preferred against the
FSM for willfully disobeying a lawful order given by his first sergeant, a
noncommissioned officer (NCO), on 3 and 7 September 1971 and for disobeying
a lawful order given by a lieutenant colonel, his battalion commander, on
8 September 1971.

4.  An undated statement shows the FSM consulted with legal counsel and
requested discharge under the provisions of chapter 10, Army Regulation
(AR) 635-200, for the good of the service in lieu of trial by court-
martial.  He was advised that he could receive an UD and he authenticated
the statement to acknowledge that he understood the ramifications of
receiving an UD.  He did not submit a statement in his own behalf.

5.  On 26 October 1971, the appropriate authority approved the FSM’s
request for discharge under the provisions of chapter 10, AR 635-200.  The
FSM's DD Form 214 shows that, on 28 October 1971, he was administratively
separated with an UD under the provisions of chapter 10, Army Regulation
635-200 "for the good of the service."  He had completed 4 months and 20
days of active military service and he had no recorded lost time.

6.  There is no evidence that the FSM ever applied to the Army Discharge
Review Board for a review of his discharge under that board's 15-year
statute of limitations.

7.  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.  However, at the time of the FSM's separation the regulation
provided for the issuance of an UD.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not indicate the FSM was charged with drug
possession while a member of the armed forces; the record shows that he hid
a civilian charge of drug possession when he was attempting to enlist.
There also is no evidence the FSM had problems dealing with the rigors of
BCT or that child abuse contributed to his misconduct.

2.  The Board empathizes with the applicant in the loss of her brother.
However, the FSM served in the military for only a very short time and his
voluntary request for separation under the provisions of chapter 10, Army
Regulation 635-200, for the good of the service to avoid trial by court-
martial, was administratively correct and in conformance with applicable
regulations then in effect.  There is no indication that the request was
made under coercion or duress.

3.  The applicant’s discharge proceedings were conducted in accordance with
law and regulations applicable at the time.  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___  __tmr___  __rjf___  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                 |AR20050001537                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |(UD)                                    |
|DATE OF DISCHARGE       |19711028                                |
|DISCHARGE AUTHORITY     |AR635-200, Chap 10                      |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.7000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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