MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 18 February 1999
DOCKET NUMBER: AC96-07857
AR1998008832
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.
The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
The Board considered the following evidence:
Exhibit A - Application for correction of military
records
Exhibit B - Military Personnel Records (including
advisory opinion, if any)
APPLICANT REQUESTS: In two separate applications, that his bad conduct discharge (BCD) be upgraded to an honorable discharge.
APPLICANT STATES: That his court-martial proceedings were unfair because he had already been punished for an AWOL offense which later became a part of his court-martial proceedings. He further states that he was found to be not guilty of the additional court-martial offense of theft.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the record of his trial by court-martial and from reconstructed personnel records.
On 27 June 1949, he enlisted in the Army for 3 years in the pay grade of E-1. He successfully completed his training as a subsistence storage specialist. He was honorably discharged on 3 September 1952, after he completed 3 years 2 months and 5 days of total active service. He enlisted again on 3 September 1953.
The applicant was convicted by a summary court-martial on 4 November 1953, of failure to repair to his appointed place of duty. His sentence consisted of a forfeiture of pay.
On 3 December 1953, he was convicted by a summary court-martial of driving 55 to 60 miles per hour in a 35 miles per hour zone while under the influence of alcohol. His sentence consisted of hard labor without confinement and a forfeiture of pay.
On 9 December 1953, the applicant was convicted a third time by a summary court-martial of failure to repair. His sentence consisted of hard labor without confinement and a forfeiture of pay.
He was convicted by a special court-martial on 1 April 1954, of being AWOL from 18 January 1954 until 27 February 1954. His sentence consisted of confinement at hard labor and a forfeiture of pay.
Charges were preferred against the applicant for forcible robbery/larceny of property belonging to another soldier and for being AWOL from 19 July to 23 July 1954. He was referred to trial by a general court-martial.
On 19 August 1954, the applicant was convicted by a general court-martial of being AWOL from 19 July 1954 until 23 July 1954. His sentence consisted of a BCD, confinement and a forfeiture of pay.
The findings and sentence were approved by the Army Board of Military Review on 15 September 1954. Accordingly, on 18 November 1954, the applicant was discharged under the provisions of Army Regulation 615-364, pursuant to his conviction by a general court-martial. He was issued a BCD Certificate.
A review of the available record fails to reveal that the applicant was ever punished for the AWOL offense prior to his being convicted by a general court-martial.
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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.
2. Trial by court-martial was warranted by the gravity of the offenses 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. There is no evidence of record to support the applicants contention that he was punished twice for the same AWOL offense. He was convicted by three summary courts-martial, one special court-martial, and one general court-martial. All of his convictions appear to have been for different offenses.
4. The type of discharge that he received is commensurate with his overall record of service and in view of his numerous acts of indiscipline, it does not appear that his BCD was too severe.
5. 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
Loren G. Harrell
Director
INDEX
CASE ID
AR1998012413
SUFFIX
RECON
DATE BOARDED
1999/02/18
TYPE OF DISCHARGE
BCD
DATE OF DISCHARGE
1954/11/18
DISCHARGE AUTHORITY
AR615-364
DISCHARGE REASON
GCM
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1. 110.00
2. 110.02
3.
4.
5.
6.
ARMY | BCMR | CY2002 | 2002071187C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. His DD Form 214 indicates that he had 3 years and 28 days of creditable service and 655 days of lost time. 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:
ARMY | BCMR | CY1980-1989 | 8109128
On 18 September 1956, a member of Congress, who had submitted a request for reconsideration on the applicant’s behalf, was advised by the Executive Secretary of the Board that the regulations governing the Board’s operation provide that it could deny an application without a hearing if it determined that insufficient evidence had been presented to indicate probable material error or injustice; that, under such regulations, the Board had reconsidered the application and the information...
ARMY | BCMR | CY2001 | 2001058067C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, reconsideration of his request for an upgrade of his dishonorable discharge (DD) which this Board denied on 27 February 1974. He was sentenced to a forfeiture of all pay and allowances, CHL for 7 years and to be discharged from service with a DD.
ARMY | BCMR | CY2006 | 20060004576C070205
The applicant requests, in effect, that clemency be granted in the form of an honorable discharge or a pardon. The Army Board for Correction of Military Records is not empowered to grant service member’s pardons for convictions by a general or special court-martial. The Army Board for Correction of Military Records has no authority to grant the applicant’s request for a pardon.
ARMY | BCMR | CY2009 | 20090006926
One previous conviction was considered. On 18 March 1954, the applicant was discharged under the provisions of Army Regulation 615-364 (Enlisted Personnel Discharge Dishonorable and Bad Conduct), by reason of court-martial, and he received a DD. As a result, neither his overall record of service or post-service conduct support clemency in this case.
ARMY | BCMR | CY2003 | 2003084173C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. This Board denied the applicant's request for an upgrade of his discharge on 21 February 1956. AR 615-364, then in effect, provided for the discharge of enlisted personnel pursuant to an approved sentence of a special or general court-martial imposing a bad conduct discharge.
ARMY | BCMR | CY2003 | 2003087092C070212
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. EVIDENCE OF RECORD : The applicant's military records show: The evidence of record also does not support counsel's contention that the applicant lacked maturity.
ARMY | BCMR | CY2006 | 20060013413
On 30 June 1954, the applicant, at a general court-martial (GCM) pled not guilty to the charge of desertion and guilty to the lesser included offense of AWOL for the period from 21 February to 8 June 1954. The evidence of record clearly shows that the applicant was wounded in action against a hostile force on 1 December 1952; received medical treatment, and is "entitled" to the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2012 | 20120000902
He states his discharge should be upgraded based on his post-service conduct. The applicants military records are not available to the Board. His reconstructed military service record revealed he was convicted by a summary court-martial on two separate prior occasions.
ARMY | BCMR | CY2010 | 20100029864
The applicant requests his bad conduct discharge be upgraded to honorable or general under honorable conditions. Army Regulation 615-364, in effect at the time, set forth the basic authority for the separation of enlisted personnel with dishonorable and bad conduct discharges. __________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.