| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | 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 (BCD) be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that an upgrade of his discharge would provide him a second chance and the opportunity to clear his name.
EVIDENCE OF RECORD: The applicant's military records show:
On 26 August 1986, the applicant enlisted in the Regular Army for 3 years. He was trained in and awarded military occupational specialty (MOS) 76V (Material Storage and Handling Specialist) and the highest rank he attained during his active duty tenure was private/E-2.
The applicant’s record reveals no acts of valor, significant achievement, or service warranting special recognition. However it does contain a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) on the following two occasions: 12 June 1987, for being absent from two guard duty formations, failing to go to another formation, and wrongfully possess with intent to deceive a military pass; and 11 July 1987, for being disrespectful in language toward a noncommissioned officer (NCO) and disobeying a lawful order. It also shows that in August 1987, he was barred from reenlistment based on the incidents for which this NJP was imposed.
On 16 October 1987, the applicant was convicted in accordance with his pleas by a general court-martial (GCM) of two specifications of being absent without leave (AWOL), disobeying a lawful order by a commissioned officer, two specifications of the wrongful distribution of marijuana, two specifications of the wrongful possession of marijuana, wrongful possession of methamphetamine, and larceny of military property of a value less than $100.00. The resultant sentence included a total forfeiture of all pay and allowances, confinement for 18 months, and a BCD. On 3 December 1987, the convening authority approved the sentence and directed it be executed, with the exception of the portion pertaining to the BCD, and he suspended the adjudged confinement in excess of 15 months for one year.
Pursuant to GCM Order Number 528, dated 9 August 1988, issued by Headquarters, United States Army Correctional Facility, Fort Riley, Kansas, the applicant’s sentence was finally affirmed and the BCD portion was ordered to be executed. Accordingly, on 19 August 1988, the applicant was discharged after completing a total of 11 months and 16 days of creditable active military service and having accrued 351 days of time lost due to AWOL and confinement.
Title 10 of the United States Code, section 1552 as amended does not permit any redress by the Army Board of Correction of Military Records (ABCMR) of the finality of a court-martial conviction and empowers the ABCMR to only change a discharge if clemency is determined to be appropriate.
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 Board notes the applicant’s contention that an upgrade of his discharge would provide him a second chance and the opportunity to clear his name. However, it finds that these factors alone do not provide a sufficient basis for an upgrade of his discharge.
2. By law, any redress by this Board of the finality of a court-martial conviction is prohibited. The Board is only empowered to change a discharge if clemency is determined to be appropriate to moderate the severity of the punishment imposed.
4. The evidence of record confirms that the applicant’s conviction and discharge were effected in accordance with applicable law and regulations in effect at the time, and that his trial by court-martial was warranted by the gravity of the offenses with which he was charged.
5. Notwithstanding the applicant’s contentions and desires, the Board finds that the type of discharge appropriately characterizes the misconduct for which he was convicted and accurately reflects his overall record of service. Therefore, it finds there is an insufficient basis to grant clemency in this case.
6. 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 | AR2002068550 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/05/02 |
| 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. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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