| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: In effect, that his bad conduct discharge (BCD) be upgraded.
APPLICANT STATES: In effect, that his conviction by a general
court-martial (GCM) that resulted in his separation from the Army with a BCD, be upgraded based upon his being a model citizen for 30 years.
EVIDENCE OF RECORD: The applicant's military records show:
On 10 April 1967, the applicant enlisted in the Regular Army for 3 years. He was trained as a lineman and the highest rank he attained during his active duty tenure was private first class/E-3.
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: 24 August 1967, for unlawfully striking another soldier in the face with his fist; and 20 February 1968, for failure to go to his appointed place of duty.
On 12 August 1968, the applicant was convicted by a GCM of stealing $104.00 in United States Currency, the property of another soldier. The resultant sentence included a forfeiture of all pay and allowances, a reduction to the rank and pay grade of private/E-1, confinement for 1 year, and a BCD. On 31 August 1968, the convening authority approved the sentence and ordered all but the BCD portion to be executed.
On 29 October 1968, the US Army Board of Review examined the record of trial and found it to be legally sufficient to support the findings of guilty and the sentence and affirmed the conviction. On 9 December 1968, the unexecuted portion of the sentence pertaining to BCD was ordered executed and on
13 January 1968, the applicant was separated accordingly. At the time of his discharge he had completed 1 year, 4 months, and 2 days of creditable active military service and had accrued 155 days of lost time due to 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 his BCD should be upgraded based upon his post service conduct. However, it finds that this factor alone does 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.
3. 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.
4. 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.
5. 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.
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
JLP AAO RKS DENY APPLICATION
| CASE ID | AR2002069814 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/06/04 |
| TYPE OF DISCHARGE | (BCD) |
| DATE OF DISCHARGE | 19690113 |
| DISCHARGE AUTHORITY | AR 635-200. . . . . |
| DISCHARGE REASON | GCM |
| BOARD DECISION | DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1.144.9221 | 105.0100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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