RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 DECEMBER 2005
      DOCKET NUMBER:  AR20050007017


      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. Bernard Ingold                |     |Chairperson          |
|     |Mr. Donald Steenfott              |     |Member               |
|     |Mr. Edward Montgomery             |     |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
discharge to honorable.

2.  The applicant states that he was fifteen, the youngest of four children
when his father died.  He dropped out of school in the tenth grade, and
joined the Army once he turned nineteen.  He had adjustment problems when
he joined the military and eventually requested a discharge.  Prior to his
discharge becoming final he began to cope with things better, but it was
too late so he went ahead and took the discharge.  Since his discharge he
has spent fourteen years in the commercial fishing industry, eight of which
he served as the captain of the vessel he was working on.  He became
involved in the Electrical and Instrumentation Construction business and
has been working in chemical and petrochemical industries plants such as
Dow Chemical and BASF for the last fifteen years.

3.  He states he has received his GED (General Education Diploma) and taken
numerous college courses.  He has been married for the last fifteen years
and was granted a VA loan on his home in 1993.  He would like to have all
of his benefits and his discharge upgraded so he can leave a legacy of
pride and honor concerning his military separation for his children and
grandchildren.

4.  The applicant provides a copy of his request for a loan through the
Department of Veterans Affairs, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 April 1974, for a
period of
2 years.  He served in Germany from September 1974 to April 1975.

2.  Between December 1974 and February 1975 he was punished on three
occasions under the provisions of Article 15, Uniform Code of Military
Justice for
disobeying a lawful order on two occasions, being absent without leave on
14 February 1975, and for failure to go to his appointed place of duty on
three occasions.  His punishments included extra duty, restriction, a
forfeiture of pay, reduction, and correctional custody.

3.  On 16 January 1975 he was barred from reenlisting.

4.  On 8 April 1975, a medical examination cleared the applicant for
separation.

5.  The facts and circumstance concerning the applicant’s discharge
proceedings are not in the available records; however, on 25 March 1975,
the appropriate separation authority approved the applicant’s discharge
under the provisions of Army Regulation 635-200, Chapter 13, for unfitness
and directed his reduction to the lowest enlisted grade and the issuance of
an undesirable discharge.

6.  The applicant was discharged on 9 April 1975, under Army Regulation
635-200, Chapter 13, paragraph 13-5a(4) for unfitness.  His DD Form 214
(Report of Separation from Active Duty) indicates he had 11 months and 10
days of active service, and 1 day of lost time.

7.  Army Regulation 635-200 sets forth the policy and prescribes the
procedures for administrative separation of enlisted personnel.  Chapter
13, in effect at the time, applied to separation for unfitness and
unsuitability.  Paragraph 13-5a(4) provided for the separation for
unfitness, due to an established pattern for shirking.  When separation for
unfitness was warranted an undesirable discharge was normally considered
appropriate.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it is presumed that the
discharge proceedings were conducted in accordance with law and regulation
applicable at the time.

2.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.

3.  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 citizen, has earned his GED, and has been an excellent employee
for nearly
30 years, has 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.

4.  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

__BI ____  __DS ___  __EM ___  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.




                                  _____ Bernard Ingold______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007017                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051206                                |
|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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