APPLICANT REQUESTS: That his bad conduct discharge (BCD) be upgraded to honorable.
APPLICANT STATES: In effect, that although he realizes he was wrong for writing bad checks that caused his discharge, he has not held a checking account since; that he has been involved with law enforcement and was a special deputy in New Mexico for 2 years; that he still works with the local police department for drug trafficker apprehension and that he has had threats on his life and cannot obtain a permit to carry a firearm because of his BCD. Further he contends his unit commander was a racist. He has submitted a statement in support of his request which was prepared 8 years prior and two NRA Firearms Training Certificates, dated
25 April 1987.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 11 June 1965. During the period 3 September to
3 December 1982, he served on initial active duty serving as a member of the Army National Guard. He was awarded MOS 13B10 (Cannon Crewmember).
On 6 October 1983, the applicant enlisted in the Regular Army with the same MOS. The highest paygrade he achieved was E-4.
On 26 July 1985, the applicant accepted nonjudicial punishment (NJP), under Article 15, Uniform Code of Military Justice (UCMJ), for being absent without leave (AWOL) during the period of 10 July 1985 to 15 July 1985. His imposed punishment was reduction to paygrade E-3, forfeiture of $185.00 (suspended for 6 months) and confinement for 7 days.
On 18 November 1985, the applicant accepted NJP, under Article 15, UCMJ, for willfully disobeying a superior commissioned officer. His imposed punishment was reduction to paygrade E-2, 14 days extra duty and 14 days restriction.
On 24 February 1986, the applicant was convicted by a general court-martial of making and uttering 20 worthless checks totaling $1,389.62 and one count of breaking restriction. His approved sentence was reduction to paygrade E-1, forfeiture of all pay and allowances, confinement for 4 months, and a BCD.
On 12 May 1986, the Court of Military Review, affirmed the findings of guilty and the sentence.
On 21 May 1986, the Court of Military Appeals held the findings of guilty and sentence as approved by the convening authority correct in law and fact. Accordingly, the findings of guilty and the sentence were affirmed.
On 8 December 1986, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Section IV, as a result of a court-martial, under other than honorable conditions with a BCD certificate. He had completed 3 years, 2 months and 4 days creditable and 90 days of lost time of service. He was awarded the Army Achievement Medal, Army Service Ribbon, Overseas Service Ribbon, and the Marksmanship Badge (Rifle M-16).
Title 10, United States Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. Trial by court-martial was warranted by the gravity of the offense charged. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
3. The applicant has submitted neither probative evidence nor a convincing argument in support of his allegation or request.
4. There is no evidence in the available records to demonstrate that the applicant was the victim of racial prejudice, the evidence does show the applicant to be a Caucasian male. Therefore, in view of the foregoing, there is no basis for granting the applicantÂ’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
ARMY | BCMR | CY1997 | 9706383
His approved sentence was reduction to paygrade E-1, forfeiture of all pay and allowances, confinement for 4 months, and a BCD. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. There is no evidence in the available records to demonstrate that the applicant was the victim of racial prejudice, the evidence does show the applicant to be a Caucasian male.
ARMY | BCMR | CY1997 | 9706383C070209
He enlisted in the Army on 1 November 1965 for three years. His approved sentence was reduction to paygrade E-1, forfeiture of all pay and allowances, confinement for 4 months, and a BCD. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
ARMY | BCMR | CY2010 | 20100017224
The applicant requests his felony charge be dropped from his records so he can purchase a firearm legally (in effect, his general court-martial conviction be set aside). This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicantÂ’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. In accordance with Title 10, U.S. Code, section 1552, the authority...
ARMY | BCMR | CY2002 | 2002068343C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: He was sentenced to confinement for 1 year, reduction to pay grade E-1, forfeiture of $100 a month for 12 months, and a Bad Conduct Discharge.
ARMY | BCMR | CY2008 | 20080000720
The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record shows the applicant pled guilty on specified charges and received a general court-martial for the wrongful possession and distribution of hashish on three separate occasions in March 1985. The evidence shows his conviction and discharge were effected in accordance with applicable law and regulation.
ARMY | BCMR | CY2012 | 20120020989
His Army Military Human Resource Record (formerly known as the Official Military Personnel File (OMPF)) is void of documentation showing a medical board reviewed his record for the purpose of determining his sanity or that he appeared before such a board. General Court-Martial Order Number 697, issued by the USACA, Fort Riley, dated 30 September 1986, states that Article 71(c) having been complied with, the bad conduct discharge will be executed. His conviction and sentence by general...
ARMY | BCMR | CY2013 | 20130008454
On 20 March 1986, the U.S. Army Court of Military Review (USACMR) considered the applicant's appeal, found that the findings and sentence were correct in law and fact, and affirmed the findings and sentence. On 10 November 1986, he was discharged from the Army with a BCD under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 3, as a result of court-martial. Army Regulation 27-10 (Military Justice), paragraph 3-10,...
ARMY | BCMR | CY2003 | 2003086536C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 30 January 1986, the United States Court of Military Appeals denied the applicant's petition for grant of a review of the decision of the USACMR.
ARMY | BCMR | CY2004 | 2004106242C070208
He was sentenced to a BCD, confinement at hard labor for 1 year, a reduction to the pay grade of E-1 and total forfeiture of pay. Accordingly, on 9 April 1985, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 3, as a result of a duly reviewed and affirmed general court-martial conviction. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure...
ARMY | BCMR | CY2002 | 2002067733C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The specifics are not present in the available records; however, his records do show that he was reduced to the pay grade of E-4 on that date. On 28 June 1985, the United States Army Court of Military Review affirmed the findings and sentence as approved by the court-martial convening authority.