| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: That his bad conduct discharge (BCD) be upgraded to a general discharge.
APPLICANT STATES: That he was awarded a Good Conduct Medal (GCMDL) and was a model, loyal and dedicated soldier. He further states that he has been a productive member of his community and was a productive member of the Army prior to his discharge. In support of his application he submits several documents relating to his civilian job performance appraisals, college transcripts and course completions, certificates of training, and letters of appreciation received while on active duty.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 4 May 1976 for a period of 3 years and training as a radio operator. He successfully completed his training and was transferred to Germany on 29 August 1976. He was advanced to the pay grade of E-4 on 15 August 1977.
Nonjudicial punishment (NJP) was imposed against him on 27 September 1977 for assaulting another soldier. His punishment consisted of a reduction to the pay grade of E-3 (suspended for 90 days), a forfeiture of pay and restriction.
On 26 December 1978, he was honorably discharged and reenlisted the following day for a period of 6 years and a selective reenlistment bonus (SRB). He was promoted to the pay grade of E-5 on 27 February 1979.
On 25 June 1980, NJP was imposed against him for operating a motor vehicle in a reckless and wanton manner, failure to go to his place of duty, and the wrongful transfer of controlled items ( 2 bottles of whiskey, a cassette recorder, an equalizer, a tuner and four speakers) to a German National (violation of ration control regulations). His punishment consisted of a forfeiture of pay.
On 21 August 1980, NJP was imposed against him for failure to go to his place of duty. His punishment consisted of a reduction to the pay grade of E-4 and a forfeiture of pay.
He departed Germany on 23 February 1981 and was transferred to Fort Bliss, Texas, where he remained until he was transferred back to Germany on 16 April 1982.
On 11 January 1983 the applicant’s commander initiated action to bar the applicant from reenlistment. He cited as the basis for his recommendation the applicant’s history of writing bad checks (nine checks in 3 months), unpaid debts, drug abuse that was detected through urinalysis and a trend of unsuitability, interests and habits that are a detriment to the maintenance of good order and discipline. The applicant elected not to submit matters in his own behalf.
The appropriate authority approved the bar to reenlistment on 14 January 1983.
On 8 February 1983, NJP was imposed against him for two specifications of disobeying a lawful order from a commissioned officer and two specifications of failure to go to his place of duty. His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.
On 23 February 1983 he was convicted by a general court-martial of two specifications of wrongful possession of marijuana in the hashish form (50 grams and 97.87 grams) and one specification of wrongful distribution of marijuana (97.87 grams). He was sentenced to confinement at hard labor for 9 months, forfeiture of all pay and allowances and a BCD.
On 29 December 1983 the Court of Military Review affirmed the findings and sentence of the general court-martial.
Accordingly, he was discharged on 11 January 1984, pursuant to the sentence of a general court-martial. He had served 4 years, 6 months and 15 days of total active service and had 180 days of 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. 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 this requirement.
2. The applicant was properly discharged pursuant to a sentence by a general court-martial with no indication of any violations of any of the applicant’s rights.
3. The applicant’s contentions and supporting documents have been noted by the Board. However, they are not sufficiently mitigating when compared to the seriousness of the charges for which he was convicted and his otherwise undistinguished record of service.
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
___jhl___ ___kah __ ___mm__ DENY APPLICATION
| CASE ID | AR2001057265 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/09/18 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 1984/01/11 |
| DISCHARGE AUTHORITY | AR635-200, CH3 |
| DISCHARGE REASON | GCM/BCD |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 31 | 105.0100/BCD |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 17 November 1981, his commander notified him that he was considering whether he should impose NJP against the applicant for being disrespectful towards a noncommissioned officer. In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction.
ARMY | BCMR | CY2003 | 2003086536C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 30 January 1986, the United States Court of Military Appeals denied the applicant's petition for grant of a review of the decision of the USACMR.
ARMY | BCMR | CY2003 | 2003091613C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. On 19 February 1980, he was discharged from the DEP and enlisted in the Regular Army for 4 years and training in military occupational specialty (MOS) 72E (Telecommunications Center Operator). On 9 October 1986, the United States Court of Military Appeals denied the applicant's petition for grant of review.
ARMY | BCMR | CY2010 | 20100014328
Application for correction of military records (with supporting documents provided, if any). He was transferred to the United States Army Correctional Activity at Fort Riley, Kansas to serve his sentence. A characterization of under honorable conditions may be issued only when the reason for the Soldiers separation specifically allows such characterization.
ARMY | BCMR | CY2005 | AR20050015095C070206
Jerome Pionk | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. He was advanced to the pay grade of E-4 on 9 July 1974 and on 19 October 1975, he was transferred to Germany. While the applicant has offered no basis for his upgrade, there is no evidence in the available records that is sufficiently mitigating to warrant relief when compared to the seriousness of his offenses and his overall record of service.
ARMY | BCMR | CY2002 | 2002080710C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The appropriate authority approved his request on 28 February 1983 and directed that he be discharged under other than honorable conditions. Accordingly, he was discharged under other than honorable conditions while on excess leave, on 18 March 1983, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.
ARMY | BCMR | CY2011 | 20110004051
On 6 April 1982, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge 15. The evidence of record shows the applicant received five Article 15s and two court-martial convictions during the period of service under review. Conviction and discharge were effected in accordance with the applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
ARMY | BCMR | CY2002 | 2002071577C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He departed Germany on 21 July 1978, en route to Fort Campbell, Kentucky, with a report date of 24 August 1978. He failed to report as ordered and was reported as AWOL from 24 August 1978, until he was returned to military control on 7 September and charges were preferred against him for the absent without leave (AWOL) offense.
ARMY | BCMR | CY2002 | 2002071877C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, the record is silent as to any punishment imposed for that offense. Accordingly, on 21 May 1982, he was discharged with a BCD, pursuant to a duly reviewed and affirmed general court-martial conviction.
ARMY | BCMR | CY2008 | 20080019444
The applicant served in Vietnam from on or about 14 July 1969 to 2 January 1971. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.