RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 December 2005
      DOCKET NUMBER:  AR20050003550


      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. John Meixell                  |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard Sayre                 |     |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 discharge under other than honorable
conditions be upgraded to honorable.

2.  The applicant states his ability to serve was impaired by his youth and
immaturity and that he only had ten years of education.  He contends that
clemency is warranted because it is an injustice for him to continue to
suffer the adverse consequences of this type of discharge.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from Active Duty); a certificate of training; and four character reference
letters.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

The American Legion, as counsel for the applicant, was notified of the
applicant's pending review by the Board; however, no brief was submitted.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 2 November 1959.  He enlisted on 1 December
1976 for a period of 3 years.  He successfully completed One Station Unit
Training and advanced individual training in military occupational
specialty 15F (Honest John rocket crewman).

2.  On 19 May 1977, charges were preferred against the applicant for
behaving with disrespect toward a superior commissioned officer, using
disrespectful language and deportment toward a superior noncommissioned
officer, two specifications of using disrespectful language toward
noncommissioned officers, and violating a lawful general regulation (using
barbiturates).  Trial by special court-martial was recommended.

3.  The applicant consulted with counsel and requested discharge for the
good of the service under the provisions of Army Regulation 635-200,
chapter 10.  He indicated in his request that he understood he might be
discharged under conditions other than honorable and furnished a
Certificate or discharge under other than honorable conditions; that he
might be ineligible for many or all benefits administered by the Veterans
Administration; that he would be deprived of many or all Army benefits; and
that he might be ineligible for many or all benefits as a veteran under
both Federal and State law.  He also acknowledged that he might expect to
encounter substantial prejudice in civilian life because of a discharge
under other than honorable conditions.  He also elected not to make a
statement in his own behalf.

4.  On 13 June 1977, the separation authority approved the applicant's
request for discharge and directed that he be furnished a discharge under
other than honorable conditions.

5.  Accordingly, the applicant was discharged under other than honorable
conditions on 22 June 1977 under the provisions of Army Regulation 635-200,
chapter 10, for the good of the service.  He had served 6 months and 22
days of creditable active service.

6.  There is no evidence that the applicant applied to the Army Discharge
Review Board for upgrade of his discharge within its 15-year statute of
limitations.

7.  The applicant provided four character reference letters from his
minister and friends.  They attest that the applicant's behavior pattern
has shown tremendous improvement.

8.  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,
submit a request for discharge for the good of the service in lieu of trial
by court-martial.  The request may be submitted at any time after charges
have been preferred and must include the individual's admission of guilt.
Although an honorable or general discharge is authorized, a discharge under
other than honorable conditions is normally considered appropriate.

9.  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.

10.  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.  Age is not a sufficiently mitigating factor.  Although the applicant
was 17 years old when he enlisted, he successfully completed One Station
Unit Training and advanced individual training.

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

3.  The applicant’s voluntary request for separation under the provisions
of Army Regulation 635-200, chapter 10, for the good of the service to
avoid trial by court-martial, was administratively correct and in
conformance with applicable regulations.  He had an opportunity to submit a
statement in which he could have voiced his concerns and he failed to do
so.

4.  The type of discharge directed and the reasons for separation were
appropriate considering all the facts of the case.

5.  Since the applicant’s brief record of service included numerous acts of
misconduct wherein court-martial charges were preferred, his service was
not satisfactory and did not meet the standards of acceptable conduct and
performance of duty for Army personnel.  Therefore, the applicant's record
of service is insufficiently meritorious to warrant a general discharge or
honorable discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JM_____  ML______  RS_____  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.



            ___John Meixell________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003550                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19770622                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 10                   |
|DISCHARGE REASON        |For the good of the service             |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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