| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Terry L. Placek | Member | |
| Mr. John E. Denning | Member |
APPLICANT REQUESTS: That his bad conduct discharge as a result of trial by court-martial be upgraded to honorable or general.
APPLICANT STATES: That his young age during service was the basis of his poor decisions. An upgraded discharge would improve his employment opportunities.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted at 17½ years of age and entered active duty on 6 April 1981. While still in training he was punished twice under Article 15, of the Uniform Code of Military Justice (UCMJ); once for absence from his place of duty and once for disrespect and disobeying the lawful order of a commissioned officer. He completed training as a personnel specialist and was assigned to Fort Sill, Oklahoma. He was never promoted above the pay grade of E-2.
On 8 January 1982 he was convicted by a summary court-martial of willful destruction of government property and willful damage of a privately owned vehicle. On 27 August 1982, he was punished under Article 15, UCMJ, for disorderly conduct, use of indecent language, and disobeying the lawful order of a non-commissioned officer.
On 31 January 1983, a bar to reenlistment was approved for the applicant based on his record of undesirable behavior. The applicant was convicted by a special court-martial on 13 April 1983, of larceny of $35 from a fellow soldier. The approved sentence included confinement for 2 months and a bad conduct discharge. The applicant spent 1 month in confinement and 318 days in an excess leave status pending discharge. The sentence was affirmed on 8 May 1984 and ordered duly executed.
Effective 8 June 1984 the applicant was separated under the provisions of Army Regulation 635-200, as a result of court-martial. He had 3 years and 3 days creditable service.
Army Regulation 635-200 provides the authority for the separation of enlisted personnel. It provides that a soldier will be given a bad conduct discharge pursuant only to an approved sentence by a general or special court-martial. The appellate review must be completed and the affirmed sentence ordered duly executed.
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 contention that he was young and immature at the time is not sufficiently mitigating to warrant relief. The record shows that the applicant was provided numerous methods of discipline to show him what behavior was not acceptable. The applicant was almost 19½ years of age when he stole money from a fellow soldier.
2. The applicant’s bad conduct discharge as a result of trial by court-martial appropriately characterizes his service. There is no basis to upgrade his discharge.
3. 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.
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
__fe___ ___tp___ __jd______ DENY APPLICATION
| CASE ID | AR2001057278 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010913 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 19840608 |
| DISCHARGE AUTHORITY | AR .635-200 |
| DISCHARGE REASON | A68.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.02 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002068608C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Effective 22 December 1983, the applicant was discharged in the pay grade of E-1 under the authority of Army Regulation 635-200, chapter 3, as a result of trial by 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 | CY2012 | 20120019524
IN THE CASE OF: BOARD DATE: 16 May 2013 DOCKET NUMBER: AR20120019524 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant applied to the Army Discharge Review Board for upgrade of his discharge.
ARMY | BCMR | CY2006 | 20060001802C070205
He was sentenced to be discharged from the service with a bad conduct discharge. Evidence of record shows the applicant did not complete advanced individual training and that he had three nonjudicial punishments prior to his special court- martial conviction. The applicant’s record of service included three nonjudicial punishments and one special court-martial conviction.
ARMY | BCMR | CY2002 | 2002072224C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The evidence of record clearly shows that the applicant was adjudged guilty by court-martial and that the convening authority approved the sentence. After a thorough review of the applicant’s record and any issues submitted, the Board found no cause for clemency.
ARMY | BCMR | CY2009 | 20090018427
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2012 | 20120003686
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. d. Paragraph 3-10 provides that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial. The applicant was given a bad conduct discharge pursuant to an approved sentence by a special court-martial, which was warranted by the gravity of the offenses charged at the time.
ARMY | BCMR | CY2001 | 2001057242C070420
EVIDENCE OF RECORD : The applicant's military records show: The record of trial was forwarded to the United States Army Court of Military Review for appellate review. No pay records were available for review.
ARMY | BCMR | CY2007 | 20070008652
Stone Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel. William D. Powers ______________________ CHAIRPERSON INDEX CASE ID AR20070008652 SUFFIX RECON DATE BOARDED 20071211 TYPE OF DISCHARGE (BCD) DATE OF DISCHARGE 19840312 DISCHARGE AUTHORITY AR 635-200, Chap...
ARMY | BCMR | CY2014 | 20140011898
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant was discharged on 12 October 1983 with a BCD. Chapter 3 provides that a Soldier will be given a punitive discharge (dishonorable discharge or BCD) pursuant only to an approved sentence of a general or special court-martial.
ARMY | BCMR | CY2004 | 20040006934C070208
Stanley Kelley | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the records of her deceased husband, a former service member, be corrected by upgrading his discharge to honorable. The FSM was discharged on 8 January 1985, under the provisions of Army Regulation 635-200, paragraph 3-11, as a result of court-martial, with a bad conduct discharge.