| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That the lost time be removed from his report of separation (DD Form 214) and that he be pardoned for his special court-martial conviction.
APPLICANT STATES: In effect, that there is no error or injustice in his case, he simply wants to be forgiven for a mistake he made many years ago and has had to live with. In support of his application he submits a copy of a request for a pardon that he has submitted to the Office of the Pardon Attorney.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 28 February 1972, for a period of 3 years. He completed his basic training and was transferred to Fort Benning, Georgia to undergo further training and remained there afterwards. He was advanced to the pay grade of E-4 on 2 July 1973.
On 19 October 1973, he was convicted by a special court-martial of selling illegal drugs. He was sentenced to confinement at hard labor for 3 months, a forfeiture of pay, reduction to the pay grade of E-1, and a bad conduct discharge (BCD). The convening authority approved the findings of the special court-martial but suspended the BCD for a period of 6 months and directed that unless sooner vacated, the suspended portion of the sentence would be remitted.
Upon release from confinement at the Retraining Brigade at Fort Riley, Kansas, the applicant was restored to duty and was transferred to Fort Jackson, South Carolina. He remained at Fort Jackson until he was honorably released from active duty on 3 July 1975, due to the completion of his required service. He had served 2 years, 11 months and 27 days of total active service and had 129 days of lost time due to confinement.
He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) and subsequently to a Troop Program Unit in Columbia, South Carolina, where he reenlisted on at least two occasions.
Title 10, United States Code, section 1552, the authority under which the Board acts, provides, in pertinent part, that the Board can only review records of court-martial and related administrative records to correct a record to accurately reflect action taken by reviewing authorities under the Uniform Code of Military Justice (UCMJ) or to take clemency action.
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 offense for which he was charged. Conviction and sentence were effected in accordance with applicable law and regulations, with no indication of any violations of the applicant’s rights.
2. The Board cannot under its statutory grant of authority disturb the finality of a court-martial conviction. Although the board may grant clemency if warranted, the applicant received an honorable discharge and he has failed to show through the evidence submitted with his application or the evidence of record, sufficient evidence upon which any clemency action could be based. Accordingly, the Board finds no basis to remove his bad time from his DD Form 214.
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
___js____ ___lds __ ___jm___ DENY APPLICATION
| CASE ID | AR2001064413 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/03/21 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 328 | 134.0000/rem der info |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002067295C070402
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. While the evidence of...
ARMY | BCMR | CY2009 | 20090004465
The applicant requests that his bad conduct discharge (BCD) be upgraded to an honorable discharge. The applicant enlisted in the Regular Army on 29 June 1979 for a period of 3 years, training as a food service specialist and assignment to Korea. He was sentenced to confinement at hard labor for 6 months and a BCD.
ARMY | BCMR | CY2009 | 20090014000
IN THE CASE OF: BOARD DATE: 26 January 2010 DOCKET NUMBER: AR20090014000 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 13 November 1970, nonjudicial punishment (NJP) was imposed against him for being AWOL from 9 November to 13 November 1970. There is no evidence in the available records to show the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations.
ARMY | BCMR | CY2005 | 20050011982C070206
Randolph Fleming | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his Undesirable / Clemency Discharge be upgraded so as to allow him to receive veterans benefits. There is no indication in the available records to show that the applicant ever applied to the ADRB for an upgrade of his discharge within that board’s 15-year statute of limitations.
ARMY | BCMR | CY2003 | 2003084250C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board convened on 24 April 1957 and after hearing testimony from the applicant, whereas he stated that he wanted out of the Army, the board of officers found that he was unfit for further service and recommended that he be discharged under the provisions of Army Regulation 635-208, for unfitness. The applicant's commander submitted a recommendation to discharge him...
ARMY | BCMR | CY2013 | 20130007125
There is no evidence in the available records to show that he applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. The applicant's contentions have been noted; however, he did not provide sufficient evidence to warrant an upgrade of his discharge when considering the serious nature of his offense. His conviction and discharge were effected in accordance with applicable law and regulations and the BCD appropriately...
ARMY | BCMR | CY2012 | 20120000135
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge 15. 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. Accordingly, his punishment was not disproportionate to the offense for which he was convicted and he has failed to show sufficient evidence or reasons...
ARMY | BCMR | CY2002 | 2002068343C070402
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: He was sentenced to confinement for 1 year, reduction to pay grade E-1, forfeiture of $100 a month for 12 months, and a Bad Conduct Discharge.
ARMY | BCMR | CY2003 | 2003091087C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He had completed 4 years, 4 months and 19 days of total active service and he was furnished a BCD. However, since that board is not authorized to consider discharges that are the result of a general court-martial conviction, this Board has accepted the DD Form 293 in lieu of the DD Form 149 normally used when applying to the Army Board for Correction of Military Records.
ARMY | BCMR | CY2002 | 2002073427C070403
Paragraph 1b of this regulation states that an enlisted person will be discharged with a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial imposing a bad conduct discharge. The Board reviewed the applicant’s record of service which included one special court-martial conviction and one general court-martial conviction for a 115-day AWOL period which was terminated by apprehension and determined that his quality of service did not meet the...