ARMY | BCMR | CY1997 | 9710182C070209
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file. His sentence of a bad conduct discharge, confinement at hard labor for 6 months, and a forfeiture of $334 pay for 6 months was approved on 11 August 1981. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to...
ARMY | BCMR | CY2010 | 20100009677
In his statement, the applicant indicates he was constantly harassed by his platoon sergeant who did not like him. His contention that he acted in self-defense is an issue that should have been conclusively adjudicated at the court-martial or during the appellate process. _______ _ __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.
ARMY | BCMR | CY2004 | 2004106231C070208
He had completed 1 year, 4 months and 29 days of total active service. The United States Court of Appeals, observing that applicants to the ADRB are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3-year limit on filing to the Army Board for Correction of Military Records (ABCMR) should commence on the date of final action by the ADRB. There is...
ARMY | BCMR | CY2005 | 20050002377C070206
The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army Board for Correction of Military Records (ABCMR) should commence on the date of final action by the ADRB. Evidence shows the applicant was tried and convicted for...
ARMY | BCMR | CY2004 | 20040004357C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 March 2005 DOCKET NUMBER: AR20040004357 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 19 August 1982, the applicant was discharged with a bad conduct discharge...
ARMY | BCMR | CY2009 | 20090014758
The convening authority approved only so much of the sentence as provided for 42 months confinement, reduction to pay grade E-1, total forfeiture, and a bad conduct discharge. The applicant has provided no evidence to show that his discharge was unjust at the time of his offense. _______ _ 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.
ARMY | BCMR | CY2013 | 20130014427
The applicant pled not guilty to the charges and was found guilty of all Specifications of Charge 1 and not guilty of both Specifications of Charge II. The remaining findings of guilty and the approved sentence to a bad conduct discharge, confinement at hard labor for 4 months, and a forfeiture of $250 pay for 4 months as adjudged on 16 February 1983 were affirmed. Therefore, clemency in the form of an honorable or general discharge is not warranted in this case.
ARMY | BCMR | CY2010 | 20100030009
IN THE CASE OF: BOARD DATE: 25 August 2011 DOCKET NUMBER: AR20100030009 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). Special court-martial (SPCM) Order Number 110, dated 5 September 1980, shows, on 24 June 1980, he was found guilty of: * Article 86 for failing to go to his prescribed place of duty * Article 90 for disobeying a lawful order * Article 128 for committing assault on another Soldier 7.
ARMY | BCMR | CY2009 | 20090017564
It provides that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial and that, the appellate review must be completed and affirmed sentence ordered duly executed. While the applicant was 17 years old when he enlisted, he successfully completed basic and advanced individual training, and he had been on active duty for almost 2 years when he was sentenced to a bad conduct discharge. Therefore, the Board determined that...
ARMY | BCMR | CY2014 | 20140017743
He had over a year of honorable service. His DD Form 214 shows he was discharged in the rank/grade of private/E-1 as a result of court-martial in accordance with Army Regulation 635-200 (Enlisted Personnel Separations), chapter 3, with a bad conduct discharge. Therefore, clemency in the form of an honorable or general discharge is not warranted in this case.