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Decision Text

ARMY | BCMR | CY1980-1989 | 8707188
Original file (8707188.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, reconsideration of his request that his dishonorable discharge be upgraded to honorable.

APPLICANT STATES : That he was unjustly imprisoned at Fort Leavenworth.

EVIDENCE OF RECORD : Incorporated herein be reference are military records which are summarized in a memorandum presented before this Board on 26 October 1988 (COPY ATTACHED).

The applicant has provided 1 letter of recommendation; a copy of his prior Board action; and, a VA Notice of Disagreement, dated 16 December 1986.

DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. 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.

2. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3. The applicant’s dishonorable discharge was the result of his conviction for desertion by a general court-martial.

4. In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.


BOARD VOTE:

GRANT

GRANT FORMAL HEARING

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director

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