APPLICANT REQUESTS: In effect, that his Bad Conduct Discharge be upgraded to honorable (HD) or at least a general discharge/under honorable conditions (GD).
APPLICANT STATES: In effect, that he knows he made a mistake but believes he has paid the price many times over and that he is 58 years old, has no income, and he is in need of medical care. The applicant has submitted three character references with his application, two from friends and one from his pastor, to attest to his post service good citizenship.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 16 October 1957 at age 19 for a period of 3 years. He successfully completed basic training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Knox, Kentucky. Upon completion of his training he was awarded military occupation specialty (MOS) 111.00 (Infantryman) and assigned to an overseas tour of duty in Hawaii for his first permanent duty station.
The applicants record is void of information on any specific acts of achievement, valor or service warranting special recognition or commendation. However, there is documented evidence of a record of disciplinary infractions.
On 20 October 1958 the applicant was tried by summary court-martial for violation of Article 121 (stealing) of the UCMJ. He was found guilty of the charge and sentenced to forfeit $25.00.
On 24 March 1959 the applicant was tried by summary court-martial for violation of Article 134 (uttering a bad check). He was found guilty and sentenced to forfeit $25 dollars.
On 20 July 1959 the applicant was tried by general court-martial for four specifications of violation of Article 123 (two specifications of forgery and two specifications of uttering bad checks). He pleaded and was found guilty of all charges and specifications and was sentenced to be discharged from the service with a bad conduct discharge, to forfeit $55.00 a month for 24 months, to be confined at hard labor for 24 months, and to be reduced to the lowest enlisted grade.
The court-martial was promulgated and the sentence approved in General Court-Martial Order Number 10, Headquarters, United States Army, Hawaii/25th Infantry Division, APO 957, San Francisco, California dated 13 August 1959; and ordered the applicant be confined in the US Disciplinary Barracks at Fort Leavenworth, Kansas pending completion of the appellate review.
General Court Martial Order Number 31, Headquarters, Fort Leavenworth, Kansas dated 11 January 1960 affirmed the court-martial and ordered the sentence be duly executed. On 19 January 1960 the Office of the Judge Advocate General of the Army confirmed that the order accurately reflected the final action duly taken pursuant to appellate review.
Accordingly, on 16 February 1960 the applicant was issued a bad conduct discharge after completing 1 year, 9 months, and 4 days of active military service and accruing 212 days of time lost due to confinement.
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 effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
2. While the Board has taken cognizance of the applicant's age, his medical problems, his employment problems, and his good post-service conduct; none of these factors, either individually or in sum, warrant the relief requested.
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 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
ARMY | BCMR | CY1997 | 9710634C070209
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: On 10 July 1968 the applicant was inducted into the Army of the United States for 2 years at the age of 19. The evidence of record and the independent evidence submitted by the applicant does not support his contentions that his legal counsel was inadequate or that his chain of command failed to respond to...
ARMY | BCMR | CY1997 | 9709940C070209
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 effect, that his bad conduct discharge be upgraded to a general/under honorable conditions discharge. DISCUSSION: Considering all the evidence, allegations, and...
ARMY | BCMR | CY1997 | 9709940
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: 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 | CY1997 | 9710634
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...
ARMY | BCMR | CY2009 | 20090003602
He adds he enlisted in the Army in June 1963, completed his training, and was stationed overseas in Korea. Headquarters, Fort Leavenworth, Kansas, General Court-Martial Order Number 40, dated 29 January 1966, shows that the applicant's sentence to a bad conduct discharge, forfeiture of all pay and allowances becoming due on and after the date of the convening authoritys action, and confinement at hard labor for 6 months was affirmed pursuant to Article 66. The applicant presented no...
ARMY | BCMR | CY2003 | 2003084737C070212
The convening authority approved the sentence on 28 August; but the execution thereof was suspended until he was released from confinement. This regulation provides that a soldier will be given a dishonorable discharge pursuant only to an approved sentence of a general court-martial empowered to impose a dishonorable discharge. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and...
ARMY | BCMR | CY1997 | 9710192
APPLICANT REQUESTS : In effect, reconsideration of his request for an upgrade of his bad conduct discharge (dismissal from service as a result of trial by general court-martial) which this Board denied on 20 April 1978. The applicant was sentenced to be discharged from the service with a bad conduct discharge, to forfeit all pay and allowances, to be confined at hard labor for one year, and to be reduced to private/E-1. However, in review of the applicant’s entire service record, including...
ARMY | BCMR | CY1997 | 9710192C070209
On 24 May 1968 the applicant was tried by general court-martial for two violations of the UCMJ. The applicant was sentenced to be discharged from the service with a bad conduct discharge, to forfeit all pay and allowances, to be confined at hard labor for one year, and to be reduced to private/E-1. However, in review of the applicants entire service record, including the seriousness of the charges for which he was court-martialed, the Board determined the applicants post service conduct...
ARMY | BCMR | CY2008 | 20080012469
On 20 December 1979, the Staff Judge Advocate (SJA), in a written review for the convening authority, summarized the evidence and trial discussion. General Court-Martial Order Number 289, Headquarters, United States Disciplinary Barracks, Fort Leavenworth, Kansas, dated 16 May 1980, noted the sentence to a bad conduct discharge, forfeiture of all pay and allowances, confinement at hard labor for 1 year, and reduction to pay grade E-1, adjudged on 10 October 1979, as promulgated in General...
ARMY | BCMR | CY2008 | 20080007260
The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-204 (Personnel Separations), as a result of court-martial, with a Dishonorable Discharge. On 15 April 1976, the Army Board for Correction of Military Records reviewed the applicant's military records and all other available evidence and determined that insufficient evidence was presented to indicate probable error or injustice. Conviction and discharge were effected in accordance with...