Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9711684
Original file (9711684.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his discharge be upgraded to honorable.

APPLICANT STATES : In effect, that he had a problem with his back. He was unable to do any crawling, stooping, running or jumping and the drill sergeants just stayed on his back. That was why he went absent without leave (AWOL).

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

He was born on 8 December 1947. He completed 11 years of formal education. He was inducted into the Army on 13 December 1967 for 2 years. It was noted on his DD Form 47 that he claimed back pain, undocumented. He did not complete basic combat training.

On 11 March 1968, the applicant was given a P-3 profile for ”low back pain, existed prior to service (EPTS), continued performance of duty will unduly aggravate individual’s medical condition.”

The applicant first went AWOL 31 March 1968.

On 19 September 1969, the applicant was convicted by a special-court martial of being AWOL for the periods 2 - 17 April 1968, 21 April - 10 July 1968, and 11 July 1968 - 17 July 1969. He was sentenced to a bad conduct discharge, to forfeit $75 pay for 4 months and to confinement at hard labor for 4 months, suspended.

On 13 January 1970, the applicant completed a separation physical and was found qualified for separation.

On 16 January 1970, the U.S. Army Court of Military Review affirmed the sentence.

On 19 January 1970, the applicant was discharged with a bad conduct discharge pursuant to his court-martial sentence. He had completed 6 months and 7 days of creditable active service and had 575 days of lost time.

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 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. The physical problem with the applicant’s back was known at the time of his court-martial as well as any and all potential defenses possibly associated with the problem.

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




                                   Loren G. Harrell
                                                     Director

Similar Decisions

  • ARMY | BCMR | CY1997 | 9710634C070209

    Original file (9710634C070209.TXT) Auto-classification: Denied

    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 | CY2008 | 20080010495

    Original file (20080010495.txt) Auto-classification: Denied

    On 20 February 1970, the applicant was discharged from the Army pursuant to the sentence of a special court-martial and was issued a BCD. The evidence of record shows that the applicant was convicted by two special courts-martial for AWOL. The applicant has provided insufficient evidence to show that his discharge was unjust and that he should have been medically discharged.

  • ARMY | BCMR | CY1997 | 9710634

    Original file (9710634.rtf) Auto-classification: Denied

    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 | CY2014 | 20140017631

    Original file (20140017631.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his military records by upgrading his undesirable discharge (UD). On 2 February 1970, the appropriate authority approved the recommendation for discharge and directed that he be discharged due to unfitness and issued a DD Form 258A (Undesirable Discharge Certificate). On 1 February 1982, the Army Discharge Review Board (ADRB) considered the applicant's request for an upgrade of his discharge.

  • ARMY | BCMR | CY2001 | 2001064948C070421

    Original file (2001064948C070421.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his general court-martial (GCM) conviction be set aside and his bad conduct discharge (BCD) be upgraded. The evidence of record clearly shows that the applicant was adjudged guilty by a court-martial and that the convening authority approved the sentence.

  • ARMY | BCMR | CY2012 | 20120023044

    Original file (20120023044.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 23 July 2013 DOCKET NUMBER: AR20120023044 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This form further shows his character of service as under other than honorable conditions and he was issued a Bad Conduct Discharge Certificate. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterized the misconduct for which the applicant was convicted.

  • ARMY | BCMR | CY2002 | 2002072026C070403

    Original file (2002072026C070403.rtf) Auto-classification: Denied

    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: APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to a more favorable discharge.

  • ARMY | BCMR | CY2007 | 20070006135

    Original file (20070006135.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 October 2007 DOCKET NUMBER: AR20070006135 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. He sentenced the applicant to confinement at hard labor for 5 months, forfeiture of $82.00 pay per month for 5 months, and a bad conduct discharge. In order to justify correction of a military record the applicant...

  • ARMY | BCMR | CY2002 | 2002074953C070403

    Original file (2002074953C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge. EVIDENCE OF RECORD : The applicant's military records show:

  • ARMY | BCMR | CY2009 | 20090019765

    Original file (20090019765.txt) Auto-classification: Denied

    On 22 November 1972, the applicant consulted with counsel and requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. The discharge orders and the applicant's DD Form 214 show he was separated with an undesirable discharge on 11 January 1973 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and...