| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Roger W. Able | Member |
APPLICANT REQUESTS: In effect, that his bad conduct discharge (BCD) be upgraded to a separation by reason of physical disability.
APPLICANT STATES: That he has been on medication since 1987, in psychiatric wards, and in jail. He states he is bi-polar.
EVIDENCE OF RECORD: The applicant's military records show:
That he served an enlisted tour of duty in the Army Reserve from 6 March 1980 through 21 May 1985. He enlisted in the Navy on 24 May 1985 and was discharged on 16 July 1985, with an entry level separation by reason of erroneous enlistment.
On 26 November 1985, he enlisted in the Regular Army as a Private, pay grade E-1. After completing advanced individual training for the military occupational specialty 13M, multiple launch rocket system crewman, he was assigned on
26 February 1986, to C Battery, 1st Battalion, 76th Field Artillery, in Germany.
He was advanced through the ranks to Private First Class, pay grade E-3, on
9 July 1986.
On 20 February 1987, the applicant was given a special court-martial by Headquarters, 1st Armored Division, in Germany, and found guilty of disobeying the lawful order of an officer, disrespectful language to a noncommissioned officer, wrongful possession of 3 grams of marihuana, wrongful use of marihuana, and wrongful distribution of marihuana on two or three occasions.
By pretrial agreement, the applicant was sentenced to a BCD, confinement for
75 days, and forfeiture of $438 per month for 3 months. He was granted excess leave from 30 March 1987 through 14 December 1987, when he was issued a BCD, under other than honorable conditions, as a Private, pay grade E-1, with
1 year, 10 months, and 11 days active service for this period of service. There are no medical records or separation physical available in the record.
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 was properly and justly discharged with a BCD as a result of a court-martial. There is no evidence to support the applicant’s request that he was entitled to separation by reason of physical disability.
2. 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
__jl___ ___wm___ ___ra_____ DENY APPLICATION
| CASE ID | AR2001062599 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020314 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 19871214 |
| DISCHARGE AUTHORITY | UCMJ, SPCM |
| DISCHARGE REASON | SPCM |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108 – Disability Discharge |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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