RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 JANUARY 2006
      DOCKET NUMBER:  AR20050004521


      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. William Powers                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Randolph 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 that his records be corrected by upgrading his
undesirable discharge to honorable.

2.  The applicant states that he tested positive for drugs while in Vietnam
during October 1971 and went through detoxification in November 1971.
Between January 1972 and April 1972, he had several positive urinalyses and
went back to rehabilitation in May 1972.  He was absent without leave
(AWOL) in May 1972, and did not make it back until late because his ride
did not show up and when he returned he was charged with being off limits
and possessing a controlled substance.  He decided not to challenge a court-
martial and accepted the less than honorable discharge and try for an
upgrade later.

3.  The applicant states that his commander advised him about getting his
discharge upgraded.  He told him that once he got back to his hometown he
should get a job, stay out of trouble, build a good reputation in the city
and neighborhood, and in a few years he could apply for an upgrade.  He was
unaware that there was a time limit on applying.  He had a heart attack in
2004 and one in 2005 which hindered his applying.  He has been working and
staying out of trouble, no felonies or convictions since returning in 1972.

4.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records indicate he was inducted into the Army of the
United States and entered active duty on 7 April 1971, for a period of 2
years.  He served in Vietnam from 29 September 1971 to 4 July 1972.

2.  On 23 June 1972, the applicant’s commander preferred court-martial
charges against him for the possession of a habit forming narcotic drug;
being in an off-limits place in DaNang, Vietnam; being a passenger in a
Vietnamese civilian police vehicle in an off limits area; and for being
absent from his duty station after curfew.

3.  On 27 June 1972, after consulting with legal counsel, the applicant
voluntarily submitted a request for discharge for the good of the service,
under Army Regulation 635-200, Chapter 10, in lieu of trial by court-
martial.  He acknowledged that he understood the effects of receiving an
undesirable discharge, characterized as under other than honorable
conditions (UOTHC); he may encounter substantial prejudice in civilian
life; and he may be ineligible for many or all benefits as a veteran under
both Federal and State laws.

4.  On 27 June 1972, the applicant’s intermediate commander concurred with
the unit commander and recommended approval of the applicant’s request and
recommended the issuance of an undesirable discharge.

5.  On 28 June 1972, the appropriate separation authority approved the
applicant’s discharge request and directed his reduction to the lowest
enlisted grade with the issuance of an undesirable discharge.

6.  On 4 July 1972, the applicant was discharged under the provisions of
Army Regulation 635-200, Chapter 10, for the good of service in lieu of
trial by court-martial.

7.  Army Regulation 635-200, then in effect, set forth the basic authority
for the separation of enlisted personnel.  Chapter 10 of that regulation
provided, in pertinent part, that a member who had committed an offense or
offenses for which the authorized punishment included a punitive discharge
could at any time after the charges had been preferred, submit a request
for discharge for the good of the service in lieu of trial by court-
martial.  At the time of the applicant’s separation, the regulation
provided for the issuance of an undesirable discharge, characterized as
under other than honorable conditions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant voluntarily requested separation under Army Regulation
635-200, chapter 10, for the good of the service, to avoid a trial by court-
martial.

2.  The applicant’s administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
error which would tend to jeopardize his rights.

3.  The applicant’s contention that he has been working and staying out of
trouble with no felonies or convictions since 1972 has been noted by the
Board; however, his post service conduct in itself is insufficient to
warrant the relief requested.

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

5.  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

__WP___  __RT____  __RF ___  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.




                                  _____ William Powers  ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004521                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|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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