RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 MARCH 2007
      DOCKET NUMBER:  AR20060005328


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |                                  |     |Analyst              |


      The following members, a quorum, were present:

|     |                                  |     |Chairperson          |
|     |                                  |     |Member               |
|     |                                  |     |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 records be corrected by upgrading his
bad conduct discharge (BCD).

2.  The applicant states that he had a drinking problem when he enlisted
which caused him to be a bad Soldier, when in fact he was not.  He is now
sober, and has been attending school in his free time, majoring in
Engineering with a 3.46 grade point average.  He is also a volunteer for
the American Red Cross.  Going AWOL (absent without leave) was the worst
thing he has ever done and he will live with it forever.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), 2003 certificates from the
Mississippi Gulf Coast Community College, Scholar's List, 2005 and 2006
transcripts from the University of Mississippi, a 2006 letter of good
standing from the University of Mississippi, and certificates/letters of
appreciation from the American Red Cross, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 September 1995, for a
period of 3 years.

2.  On 14 May 2002, the applicant pled guilty before a military judge
sitting alone at a general court-martial to desertion from 16 November 1999
until 21 March 2002.  The military judge sentenced the applicant to a
reduction to the grade of
E-1, a forfeiture of all pay and allowances, confinement for nine months,
and a BCD.  On 14 November 2003, the convening authority, pursuant to a
pretrial agreement, approved only that part of the sentence to confinement
extending to seven months.  He otherwise approved the findings and sentence
in the case.

3.  The findings and sentence were affirmed by the United States Army Court
of Criminal Appeals, on 11 June 2003.  The record does not reflect action,
if any, by the Court of Appeals for the Armed Forces.  However, the
convening authority's promulgating order directing the execution of the
BCD, dated 14 November 2003, indicates all required post-trial appellate
reviews were conducted.




4.  On 5 March 2004, the applicant was discharged under the provisions of
Army Regulation 635-200, Chapter 3, as a result of court-martial, with a
bad conduct discharge.  His DD Form 214 (Certificate of Release or
Discharge from Active Duty) indicates he had 5 years, 7 months and 20 days
of active service, and 953 days of lost time.

5.  Army Regulation 635-200, in effect at the time, set forth the basic
authority for the separation of enlisted personnel.  Chapter 3, provided
that a bad conduct will be issued pursuant to an approved sentence of a
general court-martial, after completion of the appellate review, and the
sentence has been affirmed and ordered duly executed.

6.  Title 10 United States Code, section 1552, the statutory authority
under which this Board operates, notes, in pertinent part, that with
respect to records of courts-martial action the Board's authority under the
Uniform Code of Military Justice to correct a military record extends only
to action on the sentence of a court-martial for purposes of clemency.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's court-martial conviction and discharge were
accomplished in compliance with applicable laws and regulations with no
indication of procedural errors which would tend to jeopardize his rights.

2.  Trial by general court-martial was warranted by the serious nature of
the offense charged, and the sentence was commensurate with the misconduct
of which the applicant was convicted.  There is no justification for
upgrading his discharge.

3.  The applicant's good post service conduct, educational achievements and
his volunteer work with the American Red Cross are noted.  However, they
are insufficiently meritorious to warrant an upgrade of his discharge.

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

___WP__  __PS ___  __JP____  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.




                                  _ _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005328                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070313                                |
|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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