APPLICANT REQUESTS: That her bad conduct discharge (BCD) be changed to a medical discharge.
APPLICANT STATES: That she was mentally disturbed when she committed the offenses for which she received a general court-martial (GCM). She contends that she has been receiving psychiatric care since her discharge from the Army.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Regular Army for 3 years on 14 October 1986 and was discharged with a BCD on 24 October 1990 pursuant the sentence of a GCM. She was retained in the service in an excess leave status for 499 days pending review/appeal of the sentence.
On 31 May 1989 she was arraigned before a GCM on 30 specifications of uttering worthless checks, making a false official statement, wrongful use of an identification card and false swearing. She pleaded guilty pursuant to a pretrial agreement in which the convening authority agreed not to approve any confinement in excess of 12 months. She was found guilty and sentenced to a BCD, total forfeiture of all pay and allowances and reduction to pay grade E-1. The sentence was later modified by the convening authority insofar as the forfeiture was concerned to $466.00 per month until the discharge was executed. The sentence did not include any confinement.
The Court of Military Review affirmed the findings and sentence of the GCM on 17 May 1990. She failed to petition the Court of Military Appeals for review of her case.
The record of trial of her GCM contains no reference to any mental impairment or evaluation being raised prior to, during or following the trial that would indicate that she was not able to distinguish right from wrong at the time of the offenses charged.
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. Trial by court-martial was warranted by the gravity of the offenses charged. Conviction and discharge were accomplished in accordance with applicable law and regulations.
2. The evidence of record does not show that the applicant raised the issue of mental impairment at the time of her trial, which she now contends was the case. Moreover, there is no evidence elsewhere in the record to suggest that she was treated for any mental impairment during her service.
3. The applicants contentions relate to evidentiary and procedural matters that should have been raised at the time of trial or in the appellate process. She provided no basis then or now to justify that she should have received a medical discharge rather than a BCD.
4. In view of the foregoing, there is no basis for granting the applicants 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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