| Mr. Carl W. S. Chun | Director | |
| Mr. Michael L. Engle | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: In effect, that his dishonorable discharge (DD) be upgraded.
APPLICANT STATES: In effect, that he was not in full control of his faculties at the time of his military arrest and that he suffers from mental illness. He further states that his father died while he was in the service, and his mother was ill and died later.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army on 25 July 1979 for 3 years. He completed his initial training and was assigned to the Republic of Korea for duty as an infantryman (11B). Upon completion of his overseas tour of duty, he was returned to the United States for duty at Fort Campbell, Kentucky. He attained the rank of private first class on 25 July 1980.
On 8 November 1979, the applicant received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for missing overseas movement and for being drunk in public, while in uniform. The punishment included a forfeiture of $125.00 per month for 2 months and 20 days extra duty.
On 8 June 1982, the applicant appeared before a general court-martial (GCM). He was charged with the following violations of the UCMJ: Article 91
(2 specifications) for willfully disobeying a lawful order; Article 121
(2 specifications) for wrongful appropriation; Article 122, for robbery; and Article 86, for being absent without leave (AWOL) for 5 days. He plead and was found guilty of all charges and specifications. The resultant sentence included a DD, reduction to private/E-1, confinement at hard labor for
5 years, and forfeiture of all pay and allowances.
On 23 June 1982, the convening authority approved the sentence. The convening authority suspended all confinement in excess of 3 years.
On 26 August 1982, the United States Army Court of Military Review found the approved findings of guilty and the sentence correct in law and fact and affirmed the guilty finding and sentence. The excess confinement was automatically remitted.
Order 21-08, United States Disciplinary Barracks, Fort Leavenworth, Kansas, dated 1 February 1983, directed the applicant’s discharge effective that same date. Accordingly, he was issued a Dishonorable Discharge Certificate after completing a total of 2 years, 8 months and 7 days of creditable active service and having accrued 305 days of lost time due to AWOL and 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 has not provided any evidence to substantiate his contention that he was incapable of self-control due to mental illness. Furthermore, there is no evidence of record to support his contention.
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
___CLA__ __CLG__ __DPH__ DENY APPLICATION
| CASE ID | AR2001058742 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2001/09/11 |
| TYPE OF DISCHARGE | DD |
| DATE OF DISCHARGE | 1983/02/01 |
| DISCHARGE AUTHORITY | AR 635-200, |
| DISCHARGE REASON | Court-Martial |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 708 | 144.7100 |
| 2. 715 | 144.7200 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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