| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Thomas Lanyl | Member | |
| Mr. Jose A. Martinez | Member |
APPLICANT REQUESTS: That his records be corrected to show he was honorably discharged.
APPLICANT STATES: That he was not paid for over 6 months because of a mix-up in his records. He indicates he “pleaded no contest”. (sic)
EVIDENCE OF RECORD: The applicant's military records show:
On 30 July 1979, he enlisted in the Army. He completed his required training and was awarded military occupational specialty 13B (Cannon Crewman).
During the period 10 November 1979 through 22 September 1981, he served in Germany.
On 18 May 1980, he received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice for stealing a jacket. His punishment included forfeiture of $200.
On 14 October 1980, he received NJP for disobeying a lawful order and being disrespectful to his superiors on two occasions on 5 October 1980. His punishment included reduction to pay grade E-1 (suspended), forfeiture of $100, extra duty for 7 days, and restriction for 7 days.
On 21 February 1981, he received NJP for assaulting another soldier. His punishment included forfeiture of $126, extra duty for 14 days, and restriction for 7 days.
On 14 September 1981, he received NJP for abandoning his guard duty. His punishment included a forfeiture of $112 (suspended) and reduction to pay grade E-2 (suspended).
On 24 November 1981, he was convicted by a general court-martial of two specifications of robbery and of aggravated assault by inflicting grievous bodily harm. His approved sentence included confinement at hard labor for 24 months (the excess of 18 months suspended for 9 months), total forfeiture of all pay and allowances, reduction to pay grade E-1, and a bad conduct discharge (BCD).
On 21 April 1982, the Army Court of Military Review affirmed the findings and the sentence.
On 11 August 1982, he indicated that he did not request a separation physical examination.
On 11 August 1982, he was discharged with a BCD under Army Regulation 635-200, chapter 11, based on the result of a court-martial conviction. His separation document indicates he had 2 years, 1 month, and 23 days of creditable service and 322 days of lost time.
Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7, provides that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be inappropriate.
This Board operates under the standard of presumption of regularity in governmental affairs. The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper. There is nothing in the records or in the evidence submitted by the applicant that overcomes this presumption.
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. 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.
2. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
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
_jam_ __inw___ __tl___ DENY APPLICATION
| CASE ID | AR2001062576 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 18 December 2001 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002070796C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to honorable. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2001 | 2001060704C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 15 April 1983, the applicant was discharged with a BCD pursuant to his sentence by general 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 | DRB | CY2005 | 20050000823C070206
The applicant requests upgrade of his bad conduct discharge to an honorable discharge. On 21 April 1981, the military judge sentenced the applicant to reduction to pay grade E-1, forfeiture of $250.00 per month for four months, confinement at hard labor for 75 days, and to be discharged from the service with a bad conduct discharge. Therefore, there is no basis to grant clemency in the form of an honorable discharge.
ARMY | BCMR | CY2005 | 20050000823C070206
The applicant requests upgrade of his bad conduct discharge to an honorable discharge. On 21 April 1981, the military judge sentenced the applicant to reduction to pay grade E-1, forfeiture of $250.00 per month for four months, confinement at hard labor for 75 days, and to be discharged from the service with a bad conduct discharge. Therefore, there is no basis to grant clemency in the form of an honorable discharge.
ARMY | BCMR | CY2005 | 20050000823C070206
The applicant requests upgrade of his bad conduct discharge to an honorable discharge. On 21 April 1981, the military judge sentenced the applicant to reduction to pay grade E-1, forfeiture of $250.00 per month for four months, confinement at hard labor for 75 days, and to be discharged from the service with a bad conduct discharge. Therefore, there is no basis to grant clemency in the form of an honorable discharge.
ARMY | BCMR | CY2002 | 2002071876C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: The applicant appealed his case to the United States Court of Military Appeals and his petition for a grant of review was denied on 11 December 1984.
ARMY | BCMR | CY2002 | 2002072759C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to either an honorable or medical discharge. APPLICANT STATES : In effect, that he should have been discharged by reason of medical disability because he was addicted to drugs and alcohol and was never offered any help for his illness.
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 | CY2001 | 2001051438C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Additionally, he had 3 months and 22 days of prior active service and he had 2 years, 4 months and 16 days of prior inactive service. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001051438SUFFIXRECONYYYYMMDDDATE BOARDED20010726TYPE OF DISCHARGE(BCD)DATE OF DISCHARGE19820729DISCHARGE AUTHORITYAR635-200, CH 11 REASONA04.00BOARD...
ARMY | BCMR | CY2002 | 2002080134C070215
The record contains no evidence that he was ever punished for this offense. On 28 January 1987, the Army Discharge Review Board denied the applicant’s request for clemency The available records contains no medical evidence and the applicant has provided no evidence that demonstrates he suffers from an illness or an injury that was either incurred in, or aggravated as a result of his military service.