RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 NOVEMBER 2006
      DOCKET NUMBER:  AR20060002816


      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. Patrick McGann                |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Mr. David Haasenritter            |     |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 his records be corrected by
upgrading his discharge.

2.  The applicant states that he has been married for 18 years and has two
children.  In 1981, after his discharge, he was employed by Sears Auto
Center and within six years was promoted to assistant manager of the auto
department. He was successful and worked well with his fellow employees.
In 1987, he was given an opportunity to further his career as a manager for
K-Mart Auto Center.  Through his hard work and dedication he was promoted
to district manager of the Denver Metro Area K-Mart Auto Center, which he
successfully managed for
10 years.  In 1997, he took on the task of becoming a small business owner,
and has been successful thus far and looking forward to a rewarding future.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 27 November 1978, for a
period of 3 years.  He was awarded Military Occupational Specialty 95B,
Military Police.

2.  On 30 August 1979, he was given a Letter of Reprimand for sleeping
while in the performance of his military police duties.

3.  On 14 December 1979, he accepted nonjudicial punishment under the
provisions of Article 15, Uniform Code of Military Justice, for failing to
log in all 4th Infantry Division Soldiers entering and departing the post.
His punishment was reduction to pay grade E-2, suspended for 90 days.

4.  On 15 January 1981, he was convicted by a special court-martial of
being absent without leave (AWOL) from 15 October 1980 to 24 October 1980,
from
28 October 1980 to 3 December 1980, and from 3 December 1980 to
9 December 1980.  He was sentenced to reduction to pay grade E-1,
forfeiture of $300.00 pay per month for a period of three months, and
confinement at hard labor for a period of three months.

5.  On 28 January 1981, the sentence was approved and ordered duly
executed, by Headquarters, 1st Brigade, 4th Infantry Division (Mechanized),
Fort Carson, Colorado.  However, execution of those portions in excess of
confinement at hard labor for two months, forfeiture of $300.00 pay per
month for two months and reduction to the grade of E-1, were suspended for
6 months.

6.  On 4 March 1981, a Mental Status Evaluation cleared the applicant for
separation.

7.  The applicant's unit commander notified him that he was initiating
action to discharge him from the service under the provisions of Army
Regulation 635-200, Chapter 14, for misconduct, frequent incidents of a
discreditable nature.  The applicant was advised on his rights.

8.  On 10 March 1981, the applicant, after consulting with legal counsel,
acknowledged the impending separation action, and waived consideration of
his case by a board of officers and declined to submit a statement in his
own behalf.
9.  The applicant's unit commander recommended his separation under the
provisions of Army Regulation 635-200, Chapter 14.  The Staff Judge
Advocate found the discharge proceeding to be legally sufficient.

10.  On 13 March 1981, the applicant's intermediate commander recommended
approval of his discharge under Army Regulation 635-200, Chapter 14.

11.  The separation authority action is not in the applicant's records.
However, documents indicate his discharge was approved with an under other
than honorable conditions discharge.

12.  The applicant declined a separation medical examination.

13.  The applicant was discharged on 8 April 1981, under the provisions of
Army Regulation 635-200, Chapter 14, for misconduct, frequent incidents of
a discreditable nature with civilian and military authorities.  His DD Form
214, indicates he had 1 year, 11 months and 26 days of active service and
136 days of lost time.

14.  On 22 September 1988 the Army Discharge Review Board denied the
applicant's petition to upgrade his discharge.

15.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
prescribes procedures for separating members for misconduct.  Specific
categories include minor disciplinary infractions, a pattern of misconduct,
commission of a serious offense, convictions by civil authorities,
desertion or absence without leave.  Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impracticable or is unlikely to succeed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

3.  The applicant's good post service conduct and accomplishments is
insufficient to warrant the relief requested.

4.  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

___PM __  ___RS __  ___DH __  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.





                                  _____Patrick McGann________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002816                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061107                                |
|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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