| Mr. Carl W. S. Chun | Director | |
| Mr. Michael L. Engle | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Thomas F. Baxter | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his bad conduct discharge (BCD) be upgraded to under honorable conditions.
APPLICANT STATES: In effect, that he has completely changed his life for the better since his court-martial and discharge. He is married and has twin stepdaughters, whom he has taken care of for the past 5 years. He has provided them a stable home life. He further contends that he has been employed since 1994, has a clean police record, and has not participated in any narcotic activity since leaving the military. He admits that he was wrong, but feels he deserves an upgrade of his discharge. In support of his application he provides copies of support letters from his family, his employer, and associates. He has provided a copy of his credit report and police check, as well as his previous honorable discharge documents, awards, letters of commendation, training certificates, performance evaluations, and other military personnel documents.
COUNSEL CONTENDS: That the applicant has paid his debt to society and now asks this Board to upgrade his discharge to under honorable conditions.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army on 7 September 1976 for 3 years. He successfully completed his initial training, to include basic airborne training, and was assigned for duty as an automatic rifleman (11B). He served with the 82nd Airborne Division, Fort Bragg, North Carolina from February 1977 to October 1979; with the 4th Battalion, 20th Infantry, in Panama, from October 1979 to November 1982; and with the Headquarters Commandant, Fort Dix, New Jersey from December 1982 to February 1985.
On 22 March 1979 the applicant, who had attained the rank of specialist four, was honorably discharged for the purpose of immediate reenlistment on
23 March 1979 for 3 additional years. He was subsequently promoted to sergeant, E-5 on 3 August 1983.
On 8 February 1985, the applicant was convicted by a general court-martial (GCM) of wrongful distribution of cocaine on 19 June and 16 August 1984. The sentence included a reduction to private E-1, 4 months confinement at hard labor, and a BCD. On 25 March 1985, the convening authority approved the sentence, but suspended a portion of the 4 months of confinement at hard labor for 6 months. The sentence was affirmed on appellate review on 13 June 1985.
Accordingly, on 23 December 1985, the applicant was discharged and issued a BCD Certificate. He completed 9 years and 2 months of creditable active service and had 46 days lost time due to confinement.
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. The applicant’s trial by GCM was warranted by the gravity of the offenses charged. His 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.
2. The applicant acknowledged his guilt of the GCM charges but has not offered any mitigating evidence or argument that would warrant upgrade of his discharge.
3. While the applicant’s good post service conduct is commendable, it is not sufficient to warrant an upgrade of his discharge, considering his overall record of service and the seriousness of the misconduct.
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
__ JH __ __TFB __ __JTM __ DENY APPLICATION
| CASE ID | AR2001056311 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010816 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 19851223 |
| DISCHARGE AUTHORITY | AR 635-200, CHPT 3 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | A68.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2006 | 20060015915C071029
The U. S. Army Court of Military Review considered the applicant’s request to set aside his conviction because of the failure of the convening authority to take action until 181 days after the sentence was adjudged. On 20 October 1982, the applicant was discharged with a bad conduct discharge pursuant to his sentence by court-martial. The applicant was an Acting Sergeant, serving as an ammunition supply storage specialist, when he was convicted by a general-court-martial of stealing, in...
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 | CY2013 | 20130004645
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his discharge date as April 1985 instead of 22 August 1983. He was confined by military authorities from 3 February to 21 April 1983. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
AF | BCMR | CY2003 | BC-2002-03636
The applicant, while serving in the grade of airman basic, was separated from the Air Force on 1 February 1985 by Special Court- Martial Order #1, dated 17 January 1985, with a BCD. A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 14 February 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days. It has been...
ARMY | BCMR | CY2007 | 20070009924
The applicant's record does not show any significant acts of valor during his military service. On 20 June 1985, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge. 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.
ARMY | BCMR | CY2001 | 2001060704C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 15 April 1983, the applicant was discharged with a BCD pursuant to his sentence by general court-martial. 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:
ARMY | BCMR | CY2009 | 20090004465
The applicant requests that his bad conduct discharge (BCD) be upgraded to an honorable discharge. The applicant enlisted in the Regular Army on 29 June 1979 for a period of 3 years, training as a food service specialist and assignment to Korea. He was sentenced to confinement at hard labor for 6 months and a BCD.
ARMY | BCMR | CY2001 | 2001051557C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 28 February 1985 the Army Discharge Review Board denied the applicant’s request for upgrade of his discharge to honorable. 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:
ARMY | BCMR | CY2006 | 20060010658
The applicant requests, in effect, that his bad conduct discharge be upgraded to a general discharge. The applicant's entire record of service was considered; however, the fact that the applicant received NJP on three occasions, his record of AWOL, and his drug possession, drug dealing and fraudulent enlistment, which resulted in his trial by court-martial and subsequent confinement and bad conduct discharge, shows the applicant did not meet the standards of acceptable conduct and...
ARMY | BCMR | CY2002 | 2002071876C070403
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: The applicant appealed his case to the United States Court of Military Appeals and his petition for a grant of review was denied on 11 December 1984.