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Decision Text

ARMY | BCMR | CY1997 | 9711640
Original file (9711640.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his bad conduct discharge be upgraded to honorable, the reason for his discharge be changed to convenience of the government, and his reentry eligibility and separation designator codes be changed accordingly. If applicant retained counsel, he never responded to Board.
APPLICANT STATES : In effect, that he was a very good soldier who made a mistake and paid for it in prison. His discharge was inequitable because it was based on one isolated incident in about 48 months of honorable service.

 EVIDENCE OF RECORD : The applicant’s military records show:

He enlisted in the Regular Army on 29 July 1980. He was honorably discharged on 30 June 1983 for the purpose of immediately reenlisting on 1 July 1983.

The applicant had no record of disciplinary actions prior to his court-martial.

On 24 April 1985, the applicant was convicted by a general-court martial of wrongful distribution of 30 grams, more or less, of marijuana. He was sentenced to forfeit $200 pay for 18 months, to confinement at hard labor for 18 months, and to receive a bad conduct discharge.

On 12 November 1985, the U.S. Army Court of Military Review affirmed the sentence.

On 4 February 1986, parole was approved.

On 27 May 1986, the applicant was discharged, in pay grade E-1, with a bad conduct discharge pursuant to his court-martial sentence. He had completed 4 years, 8 months and 25 days of creditable active service and had 399 days of lost time (from his confinement). His awards and decorations included the Army Good Conduct Medal, the Army Achievement Medal (3d Oak Leaf Cluster) and the Parachute Badge.

On 23 November 1986, the applicant was given a certificate of military service to show he received an honorable discharge on 30 June 1983.

Title 10, U.S. 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, 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. The bad conduct discharge was a part of the sentence, and it appropriately characterizes the misconduct for which the applicant was convicted.

3. 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

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