| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That his bad conduct discharge (BCD) be upgraded to a general discharge.
APPLICANT STATES: That his career was exemplary and that he rarely got into trouble.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army on 19 August 1977 for 6 years in the pay grade of E-1. He successfully completed his training as a medical specialist and he remained on active duty through a series of continuous reenlistments.
On 14 January 1993, while he was serving in the pay grade of E-6, nonjudicial punishment was imposed against the applicant for being derelict in the performance in his duties by willfully failing to maintain a proper senior-subordinate relationship with a lower enlisted female soldier. His punishment consisted of a reduction in pay grade.
On 1 December 1994, the applicant was convicted by a general court-martial of four specifications of larceny, two specifications of forgery, and making false official statements. His sentence consisted of a BCD, confinement for 18 months, a reduction to the pay grade of E-1 and total forfeiture of pay. The convening authority approved only so much of the sentence as provided for a BCD, confinement for 9 months, reduction to the pay grade of E-1 and total forfeiture of pay.
The Army Court of Military Review affirmed the approved sentence on 16 January 1996. Accordingly, on 29 February 1996, the applicant was discharged pursuant to the sentence of a general court-martial. However, the Certificate of Release or Discharge (DD Form 214) that he was furnished at the time of his discharge incorrectly reflects that he was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had completed 17 years, 11 months and 11 days of total active service and he had 8 months of lost time as a result of his confinement. He was issued a BCD.
On 29 February 1996, the applicant submitted an Application for the Review of Discharge or Dismissal (DD Form 293) to the Army Discharge Review Board requesting that his discharge be upgraded. This Board has accepted his DD Form 293 in lieu of DD Form 149.
Army Regulation 635-200, chapter 3, section IV 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.
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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.
2. Trial by court-martial 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. The Board has noted the applicant’s contentions. However, his records show that prior to his court-martial conviction, he had NJP imposed against him for being derelict in the performance in his duties. He was convicted of larceny, making false official statements and forgery. He was properly discharged pursuant to a sentence by a general court-martial and considering the nature of his offenses, the type of discharge that he received appropriately reflects the character of his service.
4. The Board has also noted that the applicant’s DD Form 214 is administratively flawed, as it reflects that he was discharged in lieu of trial by court-martial instead of as a result of a court-martial conviction. He was also assigned incorrect reentry and separation codes. However, correcting the DD Form 214 to properly code and annotate the reason for his separation under a BCD is inconsistent with the general policy of the Board not to place an applicant in a worse position than the one that he enjoyed before he made his application.
5. 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
___sac__ ___mdm _ __rks ___ DENY APPLICATION
| CASE ID | AR2001058447 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/12/13 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | 675 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 678 | 144.6803 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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