RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 December 2005
      DOCKET NUMBER:  AR20050007700


      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 Slone                    |     |Chairperson          |
|     |Mr. Leonard Hassell               |     |Member               |
|     |Mr. Michael Flynn                 |     |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, as the mother and next of kin of a deceased former
service member (FSM), requests that her son’s discharge under other than
honorable conditions be upgraded to honorable.

2.  The applicant states, in effect, as a matter of justice, cultural and
psychological factors warrant clemency.  She contends her son was born from
two families of warriors (American Indian).  She states he was traumatized
at the impressionable age of 19 while on maneuvers with live ammunition at
Fort Jackson, North (sic) Carolina, and that he experienced Post Traumatic
Stress (in effect, developed Post Traumatic Stress Disorder (PTSD)).  She
also states her son never got over that experience, that he went on leave
and never returned to the service, and that he contracted the AIDS virus
and died on 14 November 1999.

3.  The applicant provides a copy of the FSM’s death certificate and a copy
of the FSM’s DD Form 214 (Certificate of Release or Discharge from Active
Duty).

CONSIDERATION OF EVIDENCE:

1.  The FSM was born on 7 February 1961.  He enlisted on 1 November 1979
for a period of 3 years.  He successfully completed One Station Unit
Training in military occupational specialty 11B (infantryman).

2.  The FSM went absent without leave (AWOL) on 1 April 1980 and returned
to military control on 18 September 1980.

3.  On 26 September 1980, the FSM declined a separation medical
examination.

4.  On 30 September 1980, charges were preferred against the FSM for the
AWOL period.

5.  On 1 October 1980, the FSM 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 an under other than honorable discharge certificate; 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 to make a statement
in his own behalf.  In summary, he stated that he was an American Indian,
that he came from a reservation, and that he had a hard time trying to
adjust to military life.  He also stated that it caused problems for him
and his wife and he wanted to be discharged from the Army.

6.  On 1 October 1980, the FSM underwent a mental status evaluation and was
found mentally responsible and cleared for separation.

7.  On 27 October 1980, the separation authority approved the FSM's request
for discharge and directed that he be furnished a discharge under other
than honorable conditions.

8.  Accordingly, the FSM was discharged under other than honorable
conditions on 4 December 1980 under the provisions of Army Regulation 635-
200, chapter 10, for the good of the service.  He had served 7 months and
17 days of creditable active service with 170 days of lost time due to
AWOL.

9.  There is no evidence in the available records which shows the FSM was
diagnosed with PTSD prior to his discharge.

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

11.  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.

12.  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.

13.  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.  The FSM was 18 years old
when he enlisted and he successfully completed One Station Unit Training.

2.  Although the applicant contends the FSM encountered PTSD prior to his
discharge, there is no evidence of record which shows that the FSM was
diagnosed with PTSD or a similar condition prior to his discharge on 4
December 1980.

3.  Since the FSM’s record of service included 170 days of lost time, his
record of service was not satisfactory and did not meet the standards of
acceptable conduct and performance of duty for Army personnel.  Therefore,
the FSM's record of service is insufficiently meritorious to warrant a
general discharge or an honorable discharge.

4.  The FSM’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.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JS______  _LH_____  _MF____  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 Slone______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007700                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19801204                                |
|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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