IN THE CASE OF:	 

		BOARD DATE:	  04 May 2010

		DOCKET NUMBER:  AR20090017294 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests upgrade of his bad conduct discharge (BCD) to an honorable or general under honorable conditions discharge.

2.  The applicant states he served his country at a time when no one else wanted to serve and would have gladly sacrificed his life for his country.  The time he spent on active duty was a rough time in his life.  Now his BCD is keeping him from being all he can be.

3.  The applicant does not provide any additional documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular Army on 26 September 2005 with prior active and inactive service.

2.  On 29 June 2006 the applicant was found guilty, pursuant to his pleas, for 

* wrongfully possessing some quantity of cocaine while receiving special pay under Title 37, U.S. Code, section 310
* between on or about 20 and 26 February 2006, wrongfully using cocaine while receiving special pay under Title 37, U.S. Code, section 310
* between on or about 25 and 26 February 2006, wrongfully possessing some quantity of marijuana while receiving special pay under Title 37, U.S. Code, section 310

* violating a general order by wrongfully consuming alcohol
* wrongfully using marijuana while receiving special pay under Title 37, U.S. Code, section 310

3.  On 28 February 2007, the United States Army Court of Criminal Appeals corrected the court-martial order.

4.  On 20 July 2007, the applicant's court-martial order being affirmed, his BCD was ordered to be executed.

5.  Accordingly, on 7 September 2007, the applicant was discharged with a characterization of service of "Bad Conduct."

6.  Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-7a 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.

7.  Army Regulation 635-200, paragraph 3-7b 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 applicant was sentenced to a BCD after being found guilty of five offenses.  This is serious misconduct and warranted a BCD.

2.  The applicant's love for his country and his desire to be all he can be are commendable.  However, these reasons do not form the basis to upgrade a properly issued discharge.

3.  In view of the foregoing, there is no basis for granting the applicant's request to upgrade his BCD.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X__  ___X____  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.



      __________X_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090017294



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ABCMR Record of Proceedings (cont)                                         AR20090017294



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