APPLICANT REQUESTS: That the remainder of his court-martial fine be remitted.
APPLICANT STATES: That he completed his sentence and met the requirements of his parole, which he believes included paying on the fine up to that point. He has since been released from all constraints but still has the remainder of the fine hanging over him.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 16 October 1979 at age 19 for 3 years and was dishonorably discharged pursuant to the sentence of a general court-martial on 17 January 1986 (discharge from his Regular Army component).
On 21 February 1980 he was reassigned to Germany where approximately one year later, he was promoted to pay grade E-4.
On 26 March 1981 he accepted nonjudicial punishment (NJP) for disobeying an order and was sentenced to 5 days extra duty. Between 6 May 1981 and 11 August 1981 he was counseled on six occasions concerning failure to pay his debts, proper wear of the uniform, being at his place of duty on time and respect for authority.
On 26 March 1982 he accepted NJP for having in his possession more than one ID card and more than one ration card, disobeying an order and breaking restriction. He was sentenced to reduction to pay grade E-2, forfeiture of $300.00 for 1 month and 30 days confinement. A bar to his reenlistment was imposed on 30 April 1982.
On 10 March 1983, before a general court-martial, he pleaded not guilty to three specifications of violation of the UCMJ Article 134, in that he had possession of 12 grams of cocaine, 2000 grams of marijuana, and on a second occasion, 3000 grams of marijuana; violation of Article 81, in that he conspired to possess, use, transfer, sell and introduce onto military installations, marijuana and cocaine; and an additional charge of violation of Article 134, in that he wrongfully transferred 400 grams of marijuana.
He was found guilty of all charges and specifications and sentenced to be reduced to private E-1, to forfeit all pay and allowances, to pay the US government a fine of $20,000.00, to be confined at hard labor for 20 years and to be dishonorably discharged from the service.
The convening authority reduced the period of confinement to 15 years but otherwise approved the sentence.
On appeal, certain of the charges and specifications were amended, consolidated, set aside and/or corrected. The sentence, however, as modified by the convening authority, was affirmed and the applicant was removed to the US Disciplinary Barracks at Fort Leavenworth, Kansas to serve the sentence of confinement.
On 2 February 1990, after 6 years and 9 months of confinement, he was released on parole, and effective 17 April 1995 the unexecuted portion of his sentence was remitted by the Secretary of the Army. At that time, he was released and set at liberty.
A member of the staff of the Board contacted the Defense Finance and Accounting Service and determined that as a result of his court-martial fine, the applicant currently has an outstanding debt to the US Government in the amount of $15,550.00 (plus interest) which is being repaid at the rate of $50.00 per month.
The Department of Defense Pay and Allowances Entitlements Manual provides that a fine resulting from a court-martial is in the nature of a judgment. It makes a member pecuniarily liable to the United States for the amounts specified in the sentence. Fines are not self-executing. They are debts to the government until paid.
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. The fine levied on the applicant at the time of his court-martial did not terminate when he was released from the custody and control of the Army through the parole and remission process. Rather, he is and will continue to be indebted to the US government until such time as the obligation is satisfied.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request, and since the actions by the Army in his case were proper, there is no doubt to be resolved in his favor.
3. 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. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there appears to be 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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