| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Ms . Deborah S. Jacobs | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: That his bad conduct discharge be upgraded.
APPLICANT STATES: That he requests his discharge be upgraded in order to join the Air Force Reserve to be able to assist his country during these hard times. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 12 May 1981. He completed basic training.
On 28 August 1981, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for being disrespectful in language towards his superior noncommissioned officer.
On 9 October 1981, the applicant accepted NJP under Article 15, UCMJ for wrongfully engaging in a fistfight in company formation.
On 21 October 1981, the applicant accepted NJP under Article 15, UCMJ for failing to go to his appointed place of duty.
On 15 January 1982, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 1 to on or about 26 December 1981 and for breaking restriction on 28 December 1981. He was sentenced to confinement at hard labor for 3 months and to forfeit $300.00 pay per month for 3 months.
On 5 March 1982, the applicant was convicted by a special court-martial of being AWOL from 18 to on or about 19 January 1982; of escaping from lawful confinement; and of wrongfully and unlawfully obtaining services of a value of about $110.00, to wit: transportation from Columbus, GA to Fort Rucker, AL by pretending to be on authorized leave with the means to pay cab fare with intent to deceive. He was sentenced to confinement at hard labor for 6 months, to forfeit $367.00 pay per month for 6 months, and to be discharged with a bad conduct discharge.
The findings of guilty and the sentence were affirmed and the applicant was discharged with a bad conduct discharge pursuant to his sentence by court-martial on 4 April 1983. He had completed 10 months and 13 days of creditable active service and had 271 days of lost time.
On 15 January 1985, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge.
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. 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.
2. 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.
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
__gdp___ __dsj___ __reb___ DENY APPLICATION
| CASE ID | AR2002067999 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020326 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 105.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2007 | 20070007638
On 9 February 1983, the United States Army Court of Military Review examined the case and found the findings of guilty and sentence as approved by proper authority correct in law and fact; it determined, on the basis of the entire record, that they should be approved. Special Court-Martial Order Number 577, Headquarters, United States Army Correctional Activity, Fort Riley, Kansas, dated 16 September 1983, stated that the sentence to a bad conduct discharge, confinement at hard labor for...
ARMY | BCMR | CY2008 | 20080017044
On 23 July 1984, the applicant was discharged from the Army with a bad conduct discharge in the rank and pay grade of private/E-1 pursuant to the sentence of a special court-martial. This regulation provided, in pertinent part, that an enlisted person would be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial after completion of appellate review and after such affirmed sentence had been duly ordered executed. The evidence of record...
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 | 2001057304C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 30 March 1982, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge to honorable. On 30 March 1982, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge to honorable.
ARMY | BCMR | CY2001 | 2001051554C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 30 March 1982, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge to honorable. On 30 March 1982, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge to honorable.
ARMY | BCMR | CY2003 | 2003087029C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: The Board notes the applicant's contention that he was under extreme stress due to his house being robbed and his wife raped shortly before the incident for which he was convicted.
ARMY | BCMR | CY2002 | 2002069004C070402
In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction. However, by law, the Army Board for Correction of Military Records is not empowered to set aside a court-martial conviction. Evidence of record shows the applicant was discharged as a result of a general court-martial.
ARMY | BCMR | CY2013 | 20130000453
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The evidence of record shows the applicant was convicted by three special courts-martial, the last of which ordered his bad conduct discharge. His conviction and discharge were effected in accordance with applicable laws and regulations and the discharge appropriately characterized the misconduct for which he was convicted.
ARMY | BCMR | CY2007 | 20070009870
It provides that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial and that, the appellate review must be completed and affirmed sentence ordered duly executed. In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction. Conviction and discharge were effected in accordance with...
ARMY | BCMR | CY2006 | 20060010658
The applicant requests, in effect, that his bad conduct discharge be upgraded to a general discharge. The applicant's entire record of service was considered; however, the fact that the applicant received NJP on three occasions, his record of AWOL, and his drug possession, drug dealing and fraudulent enlistment, which resulted in his trial by court-martial and subsequent confinement and bad conduct discharge, shows the applicant did not meet the standards of acceptable conduct and...