| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Margaret K. Patterson | Member | |
| Mr. Lester Echols | Member |
APPLICANT REQUESTS: That his records be corrected by upgrading his discharge.
APPLICANT STATES: That he was young and immature and was discharged because of a foolish error; that he is attempting to re-enter the military and has been informed that his discharge needs to be upgraded or a waiver issued. He believes that he is mature and wiser and would like to be given a chance to prove it, and serve his country with honor and dignity. He submits no evidence in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 14 August 1993, for a period of
4 years.
On 8 August 1995, the applicant was convicted by general court-martial of being AWOL (absent without leave) from 4–9 April 1995 and 23 specifications of larceny which took place between 15 December 1994 and 8 April 1995, consistent with his pleas. He was sentenced to reduction to pay grade E-1, forfeiture of all pay and allowances, confinement for 22 months, and to be discharged from the service with a Bad Conduct Discharge. In accordance with a pretrial agreement, the convening authority limited the term of confinement to 20 months.
On 23 January 1996, the United States Army Court of Criminal Appeals, affirmed the findings of guilty and the sentence.
On 26 August 1996, the applicant was discharged, in the pay grade of E-1, under the provisions of Army Regulation 635-200, chapter 3, section IV, as a result of a court-martial with a bad conduct discharge. His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had 2 years and 4 days of active service.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3, provides that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial. The appellate review must be completed and the affirmed sentence ordered duly executed.
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 applicant’s contention that he was young and immature at the time is not sufficiently mitigating to warrant relief.
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 to show that there was an error or injustice in this case.
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
__FNE __ __MKP__ ___LE___ DENY APPLICATION
| CASE ID | AR2001064564 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020207 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003086153C070212
The applicant requests that his Bad Conduct Discharge (BCD) be upgraded to fully honorable. He is willing to rejoin the military to get his discharge upgraded. Without evidence to show that an error was made in his court-martial, or that the applicant’s post-service accomplishments are so meritorious as to warrant upgrading a properly issued discharge, there is insufficient basis in which to recommend approval of his request.
ARMY | BCMR | CY2004 | 20040010448C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2006 | 20060008604C071113
On 22 September 1976, the convening authority approved the sentence and the record of trial was forwarded to The Judge Advocate General of the Army for review by the Army Court of Military Review. On 14 March 1979, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge. There is no credible evidence in the applicant’s record, nor has he presented any evidence, to warrant the requested relief based on error or injustice in the court-martial process.
ARMY | BCMR | CY2002 | 2002070081C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : It has been 16 years since he received his bad conduct discharge. General Court-Martial Order Number 220, Headquarters, United States Army Correctional Activity, Fort Riley, Kansas, dated 20 March 1986, directed that the bad conduct discharge be executed.
ARMY | BCMR | CY2003 | 2003086155C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The record does not indicate that the applicant petitioned the United States Court of Military Appeals for a grant of review. The Board considered the applicant's request to upgrade his bad conduct discharge to an honorable discharge.
ARMY | BCMR | CY2003 | 2003088587C070403
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his bad conduct discharge (BCD) be upgraded to a more favorable discharge.
ARMY | BCMR | CY2002 | 2002068122C070402
On 9 November 1995, the U. S. Court of Appeals for the Armed Forces denied the petition for a grant of review. Orders 121-00214, Headquarters, U. S. Army Armor Center and Fort Knox dated 30 April 1996 reassigned the applicant to the U. S. Army Transition Point with a discharge date of 14 May 1996. The evidence of record shows that the applicant was not discharged upon his release from confinement but was placed on excess leave pending appellate review.
ARMY | BCMR | CY2002 | 2002079155C070215
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. His DA Form 2-1 (Personnel...
ARMY | BCMR | CY2002 | 2002078415C070215
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The ADRB denied his request for an upgrade of his discharge on 28 August 2002.
ARMY | BCMR | CY2001 | 2001064471C070421
APPLICANT REQUESTS: That his bad conduct discharge be upgraded to honorable or general. On 20 April 1994, the applicant was convicted by a general court-martial of failing to obey four lawful general regulations, communicating two threats and carrying a concealed weapon. When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.