RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 OCTOBER 2005
      DOCKET NUMBER:  AR20050002327


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |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 honorable conditions discharge be
upgraded to honorable.

2.  The applicant states since his discharge in 1977 he has become a
productive and outstanding citizen.  In August 1980, he received an
Associate of Arts degree, while working a full time job and attending
classes at night.  He has worked for the Veterans Administration Medical
Center since May 1979, and received his 30-years of Federal Government
service pin.  He was promoted a full grade this year.  He is now working as
a Program Support Assistant in the area of primary care, and feels he is
doing a good job.  He remarried in November 1991, and his wife continues to
encourage and challenge him.  He has a beautiful 12 year old daughter who
is doing well in school.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from Active Duty), a copy of his Associates Degree, a clearance report from
the Puerto Rico Police Department, Letters of Commendation, as well as
letters and certificates of appreciation.

CONSIDERATION OF EVIDENCE:

1.  The applicant was initially inducted into the Army of the United States
on
27 September 1972, and was honorably discharged on 11 September 1975, for
immediate reenlistment in the Regular Army.  He served in Germany from
March 1973 to September 1974, and in Panama from October 1974 to September
1975.

2.  Between August 1975 and August 1977, he was punished on five occasions
under the provisions of Article 15, Uniform Code of Military Justice for
failure to go at the time prescribed to his appointed place of duty,
disobeying a lawful order, being absent without leave (AWOL), being
derelict in the performance of his duties, and for the possession of
marijuana.

3.  On 5 October 1977, the applicant was convicted by a special court-
martial of communicating a threat to a superior noncommissioned officer (2
specifications), being disrespectful to a superior noncommissioned officer,
disobeying a lawful order (2 specifications) and being derelict in the
performance of his duty by failing to remain awake while guarding his
vehicle.  His sentence included reduction to Private E-1, and 45 days of
hard labor without confinement.



4.  The applicant was notified by his commander of his intent to discharge
him under the provisions of Army Regulation 635-200, Chapter 13 for
unsuitability.  He was advised of his rights and the options available to
him.  His commander stated that the applicant was being recommended for
elimination from the service before the expiration of his term of service
for unsuitability because of personal problems and his apathetic attitude.


5.  The applicant, after consulting with counsel, acknowledged that he
understood the basis for his commander’s actions and waived consideration
of his case by a board officers, personal appearance before a board of
officers, and elected not to submit a statement in his own behalf.  He
acknowledged that he understood that he could expect to encounter
substantial prejudice in civilian life if a general or under honorable
conditions discharge was issued to him.  He further acknowledged that he
understood that if he received an undesirable discharge he may encounter
substantial prejudice in civilian life, and may be ineligible for many or
all benefits as a veteran under both Federal and State laws.

7.  The appropriate separation authority approved the applicant’s
separation and the issuance of a general discharge.

8.  On 19 October 1977, the applicant was discharged under honorable
conditions, under the provisions of Army Regulation 635-200, Chapter 13.
His DD Form 214 indicates he has 2 years, 11 months and 15 days of active
service and 10 days of lost time.

9.  Army Regulation 635-200, Chapter 13, then in effect, set forth the
policy and procedures for administrative separation of enlisted personnel
for unfitness and unsuitability.  It provided, in pertinent part, for
discharge due to unsuitability because of apathy a displayed lack of
appropriate interest and/or an inability to expend effort constructively.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.  His honorable period of prior service,
his successful completion of tours of duty in Germany and Panama, in
addition to his promotion to pay grade E-4, clearly indicates that the
applicant was capable of fully honorable service.

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
productive and outstanding citizen, has earned an Associate Degree and has
been an excellent employee for 30 years, 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.  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

___JA___  __JM ___  __LD  ___  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.




                                  ____ James Anderholm_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002327                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051025                                |
|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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