| Mr. Carl W. S. Chun | Director | |
| Mrs. Carolyn G. Wade | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Ms. Terry L. Placek | Member | |
| Mr. Roger W. Able | Member |
APPLICANT REQUESTS: That his bad conduct discharge (BCD) be upgraded to general, under honorable conditions in order to obtain Department of Veterans Affairs (VA) benefits. The applicant requested a personal hearing in the Pittsburgh, Pennsylvania area, if possible.
APPLICANT STATES: That he is requesting an upgrade of his BCD based on clemency. He believes that his BCD was too harsh at the time and that, under today’s standards, he would have received a lesser degree of punishment.
In support of his application, the applicant submitted a statement in his own behalf, four character references, and a certificate of military service.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the applicant’s Certification of Military Service, dated 19 January 1984, and partial court-martial records.
The applicant enlisted in the Regular Army on 25 July 1950.
On 23 December 1951, the applicant was convicted at summary court-martial of disobeying a lawful company order and missing bed checks. He was sentenced to forfeiture of $15.00 pay.
On 9 February 1952, the applicant was convicted at summary court-martial of wrongfully operating a vehicle without permission. He was sentenced to forfeiture of $40.00 pay.
On 18 April 1952, the applicant was convicted at summary court-martial of disobeying a lawful company order and missing bed checks. He was sentenced to forfeiture of $35.00 pay.
While in Korea, court-martial charges were preferred against the applicant for two specifications of assaulting a noncommissioned officer (NCO), being insubordinate toward an NCO, and failing to obey lawful general orders. He pled guilty to the charges. He was tried and convicted by a general court-martial on 11 August 1952 and sentenced to confinement for 1 year and a BCD.
On 22 January 1953, the applicant was discharged from the Army with a BCD.
He was credited with 2 years, 5 months, and 29 days of military service.
He was released from confinement on 7 May 1953.
Army Regulation 615-364, then in effect, set forth the conditions under which enlisted personnel could be discharged with a dishonorable or bad conduct discharge. It stated that such discharged could only be issued pursuant to an approved sentence of a general or special 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:
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. 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. Under current standards, the applicant's misconduct could still result in a punitive discharge.
3. The Board notes the applicant’s letter and other documents with his application outlining his successful accomplishments since separation from active duty. The applicant is to be commended for his efforts. However, these accomplishments do not provide the Board an adequate basis upon which to grant relief. Further, the Board does not grant relief solely for the purpose of gaining or enhancing VA benefits.
4. Clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed. After a thorough review of the applicant’s record and all issues submitted, the Board found no cause for clemency.
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
__LLS___ ___RWA ___TLP _ DENY APPLICATION
| CASE ID | AR2001060899 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020108 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 19530122 |
| DISCHARGE AUTHORITY | AR 635-200, c11 |
| DISCHARGE REASON | Result of general court-martial |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Director |
| ISSUES 1. | 144.9405 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002075192C070403
On 22 March 1955, at Camp Schimmelpfennig, Honshu, Japan, APO 201, the applicant pled guilty and was found guilty by a general court-martial for willfully disobeying a lawful order from his superior NCO to shovel snow. On 26 April 1955, the sentence was approved as adjudged, except that, in accordance with the pre-trial agreement, confinement at hard labor was reduced to 1 year. After a thorough review of the applicant’s record and any issues submitted, the Board found no cause for clemency.
ARMY | BCMR | CY2002 | 2002076664C070215
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. The applicant’s contentions regarding his discharge have been noted by the Board. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2013 | 20130019610
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 615-364, in effect at the time, stated an enlisted person would be dishonorably discharged pursuant only to an approved sentence of a general court-martial imposing dishonorable discharge. His conviction and sentence by general court-martial were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which he was convicted.
ARMY | BCMR | CY1980-1989 | 8109128
On 18 September 1956, a member of Congress, who had submitted a request for reconsideration on the applicant’s behalf, was advised by the Executive Secretary of the Board that the regulations governing the Board’s operation provide that it could deny an application without a hearing if it determined that insufficient evidence had been presented to indicate probable material error or injustice; that, under such regulations, the Board had reconsidered the application and the information...
ARMY | BCMR | CY2006 | 20060013413
On 30 June 1954, the applicant, at a general court-martial (GCM) pled not guilty to the charge of desertion and guilty to the lesser included offense of AWOL for the period from 21 February to 8 June 1954. The evidence of record clearly shows that the applicant was wounded in action against a hostile force on 1 December 1952; received medical treatment, and is "entitled" to the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual...
AF | BCMR | CY2009 | BC-2009-00763
On 25 February 1954, the Air Force Board of Review approved the findings and sentence as adjudged. Specifically, Section 1552(f)(1) permits the correction of a record to reflect actions taken by reviewing authorities under the UCMJ. Furthermore, we do not find clemency is appropriate in this case since the applicant has failed to provide any evidence concerning his post-service activities.
ARMY | BCMR | CY2001 | 2001065688C070421
In April 1955 the applicant appeared before a board of officers who recommended he be discharged for unfitness with an undesirable discharge. On 13 May 1955 the applicant was discharged under the provisions of Army Regulation 615-368 and issued an Undesirable Discharge Certificate. That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a DD Form 214 for the period 23 January 1951 through 25 October 1953 which reflects...
ARMY | BCMR | CY2002 | 2002071187C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. His DD Form 214 indicates that he had 3 years and 28 days of creditable service and 655 days of lost time. 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 | CY2002 | 2002082338C070215
However, the Board also notes that it appears these instances of AWOL occurred after the allotment problem to his family started. Conviction and discharge were effected in accordance with applicable law and regulations and, considering the length of the applicant's AWOL, a punitive discharge would have appropriately characterized the misconduct for which he was convicted. That all of the Department of the Army records related to this case be corrected by showing that the applicant was...
ARMY | BCMR | CY2006 | 20060007705
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 February 2007 DOCKET NUMBER: AR20060007705 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which he was convicted. Therefore, the applicant's discharge...