RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            02 MAY 2006
      DOCKET NUMBER:   AR20050012649


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Sherry Stone                  |     |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 bad conduct discharge (BCD) be upgraded
to general discharge.

2.  The applicant states that when he was asked in the psychiatric
examination if he was drinking or drugging during the incident, he replied
that he was not.  However, he had been drinking and he is a recovering
alcoholic.  He goes on to state that he has been sober for 13 years and 5
months and that covering up how much you drink is a symptom of the disease;
he was suffering from alcoholism at the time.  He continues by stating that
since the incident, he had obtained a bachelors degree from the University
of Maryland in 1984, that he had become a member of three churches in three
different States, that he has served as an assistant cub scout master, a
scout leader, that he has taught Bible study, that he has volunteered for
various community programs and that he is currently employed as a GS-12,
store administrator with the Defense Commissary Agency. He also states that
he sponsors five other persons in the program of Alcoholics Anonymous and
that he has been accountable for his mistakes and made amends to the best
of his ability.  He continues by stating that he waited until he was sure
he was in complete recovery before requesting an upgrade of his discharge.
He will continue to be a good citizen and believes he is deserving of an
upgrade of his discharge.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 13 March 1981.  The application submitted in this case is dated
4 July 2005.

2.  He was born on 12 August 1954 and enlisted in Nashville, Tennessee, on
24 September 1973, for a period of 4 years, a cash enlistment bonus and
assignment to the 101st Airborne Division.

3.  He completed his training as an infantry indirect fire crewman and was
assigned to Fort Campbell, Kentucky.  He was advanced to the pay grade of E-
4 on 20 September 1974.

4.  On 15 October 1974, nonjudicial punishment (NJP) was imposed against
him for failure to secure his weapon.  His punishment consisted of a
reduction to the pay grade of E-3 (suspended for 30 days) a forfeiture of
pay, extra duty and restriction.
5.  On 24 June 1975, he was honorably discharged for the purpose of
immediate reenlistment and on 25 June 1975, he enlisted for a period of 4
years and training as an x-ray specialist.  On 26 June 1975, he was
promoted to the pay grade of E-5.  He successfully completed his training
at Fort Sam Houston, Texas, and was transferred to Fort Polk, Louisiana, on
30 June 1976.

6.  He was transferred to Germany on 27 January 1979, where he was assigned
as an x-ray specialist in a medical battalion.

7.  On 15 May 1979, NJP was imposed against him for driving while drunk on
30 March 1979 and for leaving the scene of an accident in a vehicle in
which he was the driver and in which he was involved.  His punishment
consisted of a reduction to the pay grade of E-4 (suspended for 180 days),
a forfeiture of pay and extra duty.

8.  Although the charge sheet is not present in the available records, the
applicant had charges preferred against him for being disrespectful in
language towards a superior commissioned officer on 14 November 1979, for
two specifications of disobeying a lawful command from a superior
commissioned officer on 14 November 1979, for striking a superior
commissioned officer in the face with his fist and on the back, chest and
legs with his fist and feet on 14 November 1979 and for being drunk and
disorderly in public.

9.  On 2 January 1980, after consulting with counsel, the applicant
submitted a request for discharge for the good of the service in lieu of
trial by court-martial under the provisions of Army Regulation 635-200,
chapter 10.  His chain of command and the Staff Judger Advocate all
recommended disapproval of his request and on 14 January 1980, the
convening authority disapproved his request.

10.  On 7 February 1980, he was convicted pursuant to his pleas by a
special court-martial of being disrespectful in language towards a superior
commissioned officer, for disobeying a lawful command from a superior
commissioned officer and for striking a superior commissioned officer.  He
was sentenced to confinement at hard labor for 4 months, a forfeiture of
pay for 6 months, reduction to the pay grade of E-1 and a BCD.  The
convening authority approved only so much of the sentence as provided for
confinement at hard labor for 45 days, a forfeiture of pay for 6 months,
reduction to the pay grade of E-1 and a BCD.

11.  On 25 September 1980, the United States Army Court of Military Review
affirmed the findings and sentence as approved by the convening authority.
12.  Accordingly, he was discharged pursuant to a duly reviewed and
affirmed court-martial conviction on 13 March 1981.  He had served 7 years,
5 months and 13 days of total active service.

13.  There is no evidence in the available records to show that the
applicant ever applied to the Army Discharge Review Board for an upgrade of
his discharge within that board’s 15-year statute of limitations.

14.  Title 10, United States Code, section 1552, the authority under which
this Board acts, provides, in pertinent part, that the Board is not
empowered to set aside a conviction.  Rather it is only empowered to change
the severity of the sentence imposed in the court-martial process and then
only if clemency is determined to be appropriate.  Clemency is an act of
mercy, or instance of leniency, to moderate the severity of the punishment
imposed.

DISCUSSION AND CONCLUSIONS:

1.  Trial by court-martial was warranted by the gravity of the offenses
charged.  Conviction and discharge were effected in accordance with
applicable law and regulations, and the discharge appropriately
characterizes the misconduct for which the applicant was convicted.

2.  The type of discharge directed and the reasons therefore appear to be
appropriate considering the available facts of the case.

3.  The applicant’s contentions and alleged post-service accomplishments
have been noted by the Board.  However, they are not sufficiently
mitigating to warrant relief when compared to the seriousness of his
offenses and his undistinguished record of service.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WP__  ___SS___  ___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                 |AR20050012649                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060502                                |
|TYPE OF DISCHARGE       |(BCD)                                   |
|DATE OF DISCHARGE       |1981/03/13                              |
|DISCHARGE AUTHORITY     |SPCM . . . . .                          |
|DISCHARGE REASON        |Bcd/SPCM                                |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |675/A68.00                              |
|1.144.6800              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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