| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Mr. Arthur A. Omartian | Member |
APPLICANT REQUESTS: In effect, that his discharge be upgraded from a bad conduct discharge to a general discharge under honorable conditions.
APPLICANT STATES: The applicant submits copies of certificates of achievement, appreciation, and training from his military record from 1979 through 1986; a partial copy of a 1988 civil divorce judgment; a certificate from the Plain Truth Holiness Church (location not given) naming the applicant on Father's Day as Father of the Year during the year 1999-2000; a copy of a Fayetteville Police Department, Fayetteville, North Carolina, Criminal Record Check, dated 25 May 1989, stating that their records contained no derogatory information on the applicant from 1982 through 1989; and a certificate of appreciation to the applicant as a volunteer coach of a "Pee Wee" team for the year of 1999.
EVIDENCE OF RECORD: The applicant's military records show:
That he enlisted in the Regular Army on 8 November 1977. He rose to the rank of sergeant, pay grade E-5, as a military policeman. On 11 July 1985, he was reduced to a specialist four (SP4), pay grade E-4, by an Article 15. (The
Article 15 is not currently in his record.)
On 27 August 1985, he was placed in military confinement pending a court-martial. On 2 July 1985, he was tried by a general court-martial at Fort Jackson, South Carolina. He was found guilty of, "wrongfully storing a .22 caliber Derringer in an unsecured area, to wit: on the shelf of a bedroom closet, such Derringer being loaded at the time; (and) wrongfully and willfully discharge a firearm, to wit: a .22 caliber Derringer, under circumstances such as to endanger human life, in the housing area at Fort Jackson, South Carolina." 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. He was so discharged on 2 July 1986. He had been awarded the Army Achievement Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Noncommissioned Officer Professional Development Ribbon during his service.
According to Public Law, U.S. Code Title 10, Section 1552, General Military Law, the Army Board for Correction of Military Records may not touch or otherwise change the records or finality of a court-martial, retry elements of or arguments presented before a court-martial or appeals to a court-martial, or change the findings or sentence of a court-martial. The Board may only consider clemency on the sentence when adequate evidence is submitted to warrant such consideration.
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 only basis on which the Board could change the sentence of a Bad Conduct Discharge ordered by a general court-martial would be on the basis of clemency when adequate evidence is submitted to warrant such clemency. The applicant has presented documents of achievement, appreciation, and training from his military record from 1979 through 1986 and four documents concerning his post service conduct. While the applicant is commended for his accomplishments during military service, these accomplishments cannot compensate for the Bad Conduct Discharge or justify upgrade to a general discharge for a military service member who had sworn to uphold and enforce military law. The applicant is commended for his post service good citizenship as is expected of a responsible member of the community. However, it is not so meritorious as to justify clemency to grant an upgrade of a Bad Conduct Discharge to a general discharge.
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
___kk___ ___rw___ ___ao___ DENY APPLICATION
| CASE ID | AR2002068343 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020702 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 19860702 |
| DISCHARGE AUTHORITY | AR 635-200, chap 3 |
| DISCHARGE REASON | As a result of court-martial |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144 – Administrative Discharges |
| 2. | 144.68 – Bad Conduct Discharge |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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