| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: In effect, that his bad conduct discharge (BCD) be upgraded.
APPLICANT STATES: That his discharge should be upgraded because of his years of service.
EVIDENCE OF RECORD: The applicant's military records show:
On 10 January 1975 he enlisted in the Regular Army for a period of three years.
The applicant was promoted to the pay grades of E-3, E-4, and E-5, on 3 February 1976, 5 August 1976, and 19 November 1979, respectively.
On 9 February 1981, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for disobeying two lawful orders from a superior commissioned officer, and for operating a motor vehicle in a reckless manner on two occasions by driving down the center of the road causing danger to oncoming traffic, and on another occasion by driving with his headlights off. His punishment was reduction to pay grade E-4, extra duty, and restriction.
On 10 February 1981, he accepted NJP under the provisions of Article 15, UCMJ for failure to go to his appointed place of duty. His punishment was reduction to pay grade E-3, extra duty and restriction.
On 18 August 1982, he accepted NJP under the provisions of Article 15, UCMJ for the wrongful possession of drug paraphernalia. His punishment was reduction to pay grade E-1, a forfeiture, suspended for 6 months, and extra duty.
On 22 February 1983, the applicant was convicted by a special court-martial of
being absent without leave (AWOL) from 26-27 October 1982, attempting to steal currency of a value of about $900.00 from the DV Exchange Bank in Frankfurt, Germany, and of falsely altering a check payable to himself, in the amount of $20.00 adding the number “9” in front of the said $20.00, in an attempt to defraud the U.S. Government in the amount of $900.00. He was sentenced to a forfeiture, confinement at hard labor for three months, and to be discharged from the service with a bad conduct discharge. The sentence was affirmed by the United States Army Court of Military Review on 31 August 1983.
On 19 January 1984, the applicant was separated under the provisions of Army Regulation 635-200, chapter 3, with a bad conduct discharge. His DD Form
214 (Certificate of Release or Discharge from Active Duty) indicates he had 6 years, 7 months and 5 days of active service and 73 days of lost time.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3 provides that a soldier will be given a BCD pursuant only to an approved sentence of a general or special court-martial. The appellate review must be completed and the affirmed sentence ordered duly executed.
Army Regulation 635-200 also states that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.
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 to show that there was an error or injustice in this case.
2. Trial by court-marital 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. 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
__JNS __RTD __ __DPH __ DENY APPLICATION
| CASE ID | AR2001056194 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010828 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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