| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Christopher J. Prosser | Member |
APPLICANT REQUESTS: In effect, that his bad-conduct discharge be upgraded.
APPLICANT STATES: That it has been 20 years and he should have some benefits. He submits no evidence in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty on 20 April 1979, at the age of 19, with 10 years of formal education. He successfully completed training and was assigned to an infantry element in Germany in August 1979.
In February 1980 he was promoted to pay grade E-3.
Between December 1980 and November 1981, he was punished on four separate occasions under Article 15 of the UCMJ (Uniform Code of Military Justice). His offenses included three instances of failure to repair and one of possession and transfer of marihuana. As a result of his misconduct he was reduced to pay grade E-1 in July 1981.
On 7 January 1982 he was barred from reenlisting by his battalion commander.
On 28 January 1982 a request was initiated by the applicant's command to retain him on active duty beyond his 19 April 1982 scheduled separation date, pending the results of an Article 32 investigation and referral of charges. The request was approved.
In April 1982 the applicant was convicted, pursuant to his pleas, by a general court-martial of larceny and housebreaking. His sentence included confinement at hard labor for 2 years, total forfeiture, and a bad-conduct discharge. The United States Army Court of Military Review affirmed the sentence upon review on 15 July 1982.
The applicant was confined at Fort Leavenworth in Kansas and on 15 December 1982 his bad-conduct discharge was 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. There is no evidence, and the applicant has not provided any, that his discharge was in error or unjust. He has submitted no evidence which would serve as a basis to upgrade his discharge as a matter of equity.
2. 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 that requirement.
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
__FNE __ __WTM__ __CJP __ DENY APPLICATION
| CASE ID | AR2002066440 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020502 |
| 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. | 142.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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