RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060002135


      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. James Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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 a general discharge.

2.  The applicant states that although his bad conduct discharge was
probably deserved by him at the time, since that one incident he has tried
to live a good and productive life.  He admits that he used bad judgment
that one time; however, before that incident, and ever since, he has been a
good citizen.  He contends that he has changed his life and is a good
father, husband, and dependable employee.

3.  The applicant provides nine character reference letters.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 11 October 1979 for a period of 3 years.  He
successfully completed One Station Unit Training in military occupational
specialty 12B (combat engineer).

2.  On 8 October 1980, nonjudicial punishment was imposed against the
applicant for assault.  His punishment consisted of a reduction to E-1
(suspended), a forfeiture of pay, and extra duty.

3.  On 29 May 1981, nonjudicial punishment was imposed against the
applicant for disobeying a lawful command.  His punishment consisted of a
reduction to
E-2, a forfeiture of pay, and correctional confinement for 7 days
(suspended).

4.  On 23 November 1982, in accordance with his pleas, the applicant was
convicted by a general court-martial of violating a lawful general
regulation (breaking and entering an automobile with the intent to commit
larceny), destroying private property (breaking the window of an
automobile), and larceny. He was sentenced to be reduced to E-1, forfeiture
of all pay and allowances, to be confined at hard labor for 6 months, and
to be discharged from the service with a bad conduct discharge.  On 30
December 1982, the convening authority approved the sentence.

5.  On 8 April 1983, the U.S. Army Court of Military Review affirmed the
findings of guilty and the sentence.

6.  On 21 November 1983, the General Court-Martial Convening Authority
orderd the bad conduct discharge to be executed.

7.  Accordingly, the applicant was discharged on 7 December 1983 under the
provisions of Army Regulation 635-200, chapter 3, as a result of a court-
martial.  He was issued a bad conduct discharge.  He had served 3 years, 9
months, and 4 days of total active service with 143 days of lost time due
to confinement.

8.  The applicant provided nine character reference letters from his wife,
daughter-in-law, three friends, an employer, a supervisor, a co-worker, and
a former employer.  They attest that the applicant is a good husband,
father,
father-in-law, and supporter.  They also attest that he is a hard worker
and reliable, honest, dedicated, and dependable.

9.  Army Regulation 635-200 sets forth the basic authority for separation
of enlisted personnel.  Chapter 3 of this regulation 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.

10.  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.

11.  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.  The character reference letters submitted on behalf of the applicant
fail to show that his discharge was unjust and should be upgraded.

2.  The applicant’s record of service included, in addition to the general
court-martial that resulted in his bad conduct discharge, two nonjudicial
punishments and 143 days of lost time.  He was discharged with a bad
conduct discharge for breaking and entering an automobile with the intent
to commit larceny, destroying an automobile window, and larceny.  As a
result, his record of service was not satisfactory.

3.  The fact that the applicant has changed his life and has been a good
citizen, father, husband, and dependable employee are not sufficiently
mitigating to warrant upgrading his bad conduct discharge as a matter of
clemency.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA_____  _ML_____  __TR____  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.



                                  __James Anderholm_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002135                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |BCD                                     |
|DATE OF DISCHARGE       |19831207                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 3                    |
|DISCHARGE REASON        |As a result of a court-martial          |
|BOARD DECISION          |NC                                      |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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