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ARMY | BCMR | CY1997 | 9711739
Original file (9711739.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, that his felony conviction for being absent without leave (AWOL) be removed from his records.
APPLICANT STATES : In effect, that 30 years have passed. He completed his obligations to the Army and received an honorable discharge in the rank of Sergeant, E-5. He would certainly appreciate being given a clean record.

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

He was born on 6 October 1944. He completed 11 years of formal education. He was inducted into the Army on 22 March 1967 for 2 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty 94B (Cook).

On 20 November 1967, the applicant was convicted by a special court-martial of being AWOL for the period 3 June - 8 November 1967. He was sentenced to confinement at hard labor for 6 months, suspended, and to forfeit $30 pay for 6 months.

On 23 January 1968, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for being derelict in the performance of his duties.

On 26 June 1968, the applicant was convicted by a special court-martial of being AWOL for the period 6 February - 9 June 1968 and for disobeying a lawful order. He was sentenced to confinement at hard labor for 6 months and to forfeit $40 pay for 6 months.

On 18 May 1970, he was relieved from active duty with a character of service of “under honorable conditions,” (a general discharge) in pay grade E-5, under the provisions of Army Regulation 635-200, for expiration of his term of service. He had completed 2 years of creditable active service and had 417 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The type and character of separation issued upon separation from current enlistment or period of service will be determined solely by the member’s military record during that enlistment or period of service. The evaluation of an individual’s service and conduct will be based on his overall period of current service. A general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge.
Title 10, U.S. Code, section 1552, as amended, precludes any action by the 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.

2. Trial by court-martial both times was warranted by the gravity of the offenses charged. Conviction was effected in accordance with applicable law and regulations.

3. This Board notes that the applicant was allowed to complete his 2-year military obligation and was separated under honorable conditions. However, this Board is prohibited by law from taking any action to disturb the finality of his court-martial convictions.

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

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