RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20050017303


      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. Richard Dunbar                |     |Chairperson          |
|     |Mr. Dean Camarella                |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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, in effect, that clemency be granted in the form
of an honorable discharge.

2.  The applicant states he was young and foolish and did not have his head
on right at the time in question.  He contends he is older and wiser and
regrets his stupidity.  He also states he would like to apply for
Department of Veterans Affairs (DVA) benefits.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 2 December 1959.  He enlisted on 28 December
1978 for a period of 3 years.  He successfully completed One Station Unit
Training in military occupational specialty 12B (combat engineer).

2.  On 17 October 1979, nonjudicial punishment was imposed against the
applicant for unlawfully possessing a concealed weapon.  His punishment
consisted of a reduction to E-1 (suspended), a forfeiture of pay, and extra
duty.  On 31 October 1979, the suspended portion of the sentence was
vacated.

3.  On 21 March 1980, in accordance with his pleas, the applicant was
convicted by a special court-martial of two specifications of wrongful
possession of hashish and two specifications of transferring hashish.  He
was sentenced to forfeit $298 pay per month for 2 months, to be confined at
hard labor for 45 days, and to be discharged from the service with a bad
conduct discharge.  On 28 April 1980, the convening authority approved only
so much of the sentence as provided for a bad conduct discharge,
confinement at hard labor for 45 days, and forfeiture of $298 pay per month
for 45 days.

4.  On 30 September 1980, the U.S. Army Court of Military Review affirmed
the findings of guilty and the sentence.  The bad conduct discharge was
ordered to be executed on 6 January 1981.

5.  Accordingly, the applicant was discharged with a bad conduct discharge
on 30 January 1981 under the provisions of Army Regulation 635-200, chapter
11, as a result of a court-martial.  He had served 2 years, 1 month, and 30
days of total active service.

6.  Army Regulation 635-200 sets forth the basic authority for separation
of enlisted personnel.  Chapter 11 of this regulation, in effect at the
time, states that a Soldier will be given a bad conduct discharge pursuant
only to an approved sentence of a general or special court-martial.  The
appellate review must be completed and the affirmed sentence ordered duly
executed.

7.  Section 1552(f), Title 10, United States Code states that the Army
Board for Correction of Military Records can only review records of court-
martial and related administrative records to correct a record to
accurately reflect action taken by reviewing authorities under the Uniform
Code of Military Justice or to take clemency action.

8.  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.

9.  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 applicant was 19
years old when he enlisted and he successfully completed One Station Unit
Training.

2.  A discharge is not upgraded for the purpose of obtaining DVA benefits.

3.  The applicant’s record of service included one nonjudicial punishment
and one special court-martial conviction for serious drug offenses.  As a
result, his record of service was not satisfactory and did not meet the
standards of acceptable conduct and performance of duty for Army personnel.
 Therefore, clemency in the form of an honorable discharge is not warranted
in this case, nor was his service sufficiently satisfactory to warrant a
general discharge.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

RD_____  _DC_____  _RN_____  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.


                                  __Richard Dunbar______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017303                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |BCD                                     |
|DATE OF DISCHARGE       |19810130                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 11                   |
|DISCHARGE REASON        |As a result of court-martial            |
|BOARD DECISION          |NC                                      |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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