| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Hubert O. Fry | Member | |
| Mr. Eric N. Anderson | Member |
APPLICANT REQUESTS: That his discharge be upgraded and his conviction be dismissed.
APPLICANT STATES: That he has been drug and alcohol free for over 5 years and has had no further troubles with the law. He is an active member of the Healing Waters Ministry. He feels he deserves an overturning of his discharge because he has not been a further problem for the legal system and has been a good influence on many. He regrets the actions that led to his discharge. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 14 September 1993. He completed basic training and advanced individual training and was awarded military occupational specialty 63S (Heavy Wheel Vehicle Mechanic).
On 26 March 1996, the applicant was convicted by a general court-martial of one specification of negligently damaging military property of a value more than $100.00; one specification of willfully damaging military property of a value less than $100.00; one specification of wrongfully appropriating military property of a value of more than $100.00; and one specification of unlawful entry. He was sentenced to forfeit all pay and allowances, to be reduced to pay grade E-1, to be confined for 6 months, and to be discharged with a bad conduct discharge.
On 26 August 1996, the applicant was placed on involuntary excess leave.
On 23 May 1997, the U. S. Army Court of Criminal Appeals affirmed the findings of guilty and the sentence.
On 6 November 1998, the applicant was discharged with a bad conduct discharge pursuant to his sentence by court-martial. He had completed 4 years, 8 months, and 20 days of creditable active service and had 153 days of lost time (confinement).
Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.
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 Board is cognizant of the applicant’s prior lack of disciplinary action and his statement that his post-service conduct has been good. However, 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. It would not be equitable to consider upgrading his discharge so soon after his discharge and the Board does not have the authority to overturn or dismiss a court-martial conviction.
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
__rvo___ __hof___ __ena___ DENY APPLICATION
| CASE ID | AR2001059026 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010726 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 105.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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