| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Roger W. Able | Chairperson | |
| Ms. Karen Y. Fletcher | Member | |
| Mr. Bernard P. Ingold | Member |
APPLICANT REQUESTS: In effect, that his court-martial conviction be set aside and his Bad Conduct Discharge (BCD) be upgraded to an Honorable Discharge.
APPLICANT STATES: "Change my guilty plea to innocent. In order of a foreign property to be recovered so I won't be embeezelled (sic). I'd have not just told the summary court-martial this at the time, but he stole my wallet first, then I took his. Provided the seal on mine was never recovered. In my investigation cream craw ordiance (sic) worth is my only position for my discharge bearing in coordiance (sic) BCMR. I would like to have an upgrade to Honorable. I was awarded my GED. Foregoing forthwith in motion to forebear Tx State my injustice is the defendant stole my wallet first and I want my discharge upgraded about being retested."
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 9 August 1979. Following completion of all required military training at Fort Jackson, South Carolina, he was awarded military occupational specialty (MOS) 94B (Food Service Specialist) and reassigned to Germany.
Pursuant to his pleas, the applicant was convicted by a general court-martial (GCM) on 10 October 1980 for two specifications of being absent without leave (AWOL) from 18-26 February 1980 and from 26 February 1980 to 28 July 1980, and two specifications of larceny for stealing sums of $185 and $331 from two fellow soldiers. He was sentenced to be reduced from Private (PVT/E-2) to Private (PVT/E-1), to forfeit all pay and allowances, to be confined for 18 months, and to be discharged with a BCD. He was transferred to the United States Army Disciplinary Barracks (USDB), Fort Leavenworth, Kansas, for service of his sentence to confinement. Forfeiture of $224.00 pay per month was suspended effective 14 January 1981.
On 28 May 1981, the United States Army Court of Military Review completed its appellate review of the applicant's case and affirmed the findings of guilty and the sentence.
On 15 October 1981, the applicant was separated with a BCD. He had 6 months and 13 days of creditable service and 603 days of lost time due to AWOL and confinement.
The Military Justice Act of 1983 (Public Law 98-209), provides, in pertinent part, that military correction boards may not disturb the finality of a conviction by court-martial.
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
__rwa___ __kyf___ __bpi___ DENY APPLICATION
| CASE ID | AR2002070292 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021212 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 19811015 |
| DISCHARGE AUTHORITY | AR 635-200 C3 |
| DISCHARGE REASON | A60.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 105.0000 |
| 2. | 110.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2005 | AR20050012649C070206
Randolph Fleming | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. ______William Powers________ CHAIRPERSON INDEX |CASE ID |AR20050012649 | |SUFFIX | | |RECON | | |DATE BOARDED |20060502 | |TYPE OF DISCHARGE |(BCD) | |DATE...
ARMY | BCMR | CY2011 | 20110013417
The applicant requests that his bad conduct discharge be upgraded to a general discharge. On 10 July 1995 while incarcerated by the Georgia Department of Corrections, he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. Accordingly, his punishment was not disproportionate to the offenses for which he was convicted and he failed to show sufficient evidence or reasons to warrant an upgrade of his discharge based on clemency.
ARMY | BCMR | CY2002 | 2002071877C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, the record is silent as to any punishment imposed for that offense. Accordingly, on 21 May 1982, he was discharged with a BCD, pursuant to a duly reviewed and affirmed general court-martial conviction.
AF | DRB | CY2003 | FD2001-0389
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-0389 GENERAL: The applicant appeals for upgrade of discharge to Honorable. CONCLUSIONS: The Discharge Review Board concluded that the applicant’s punitive discharge by Special Court-Martial was not appropriate under the facts and circumstances of this case and there is sufficient basis, as an act of clemency, for change of discharge. And no evidence of larceny was presented before my case.
ARMY | BCMR | CY2007 | 20070017013
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, there is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who successfully completed military service. As a result, there is insufficient basis to upgrade the applicant's discharge to an honorable or a general discharge.
ARMY | BCMR | CY2002 | 2002068098C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: 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.
USMC | DRB | 2005_Marine | MD0500996
MD05-00996 Applicant’s Request The application for discharge review was received on 20050524. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 86, unauthorized absence for more than 30 days, and Article 95, escape from...
ARMY | BCMR | CY2001 | 2001055013C070420
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The time for the applicant to file a...
ARMY | BCMR | CY2001 | 2001062576C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7, provides that an honorable discharge is a separation with honor. 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:
ARMY | BCMR | CY2008 | 20080015460
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his dishonorable discharge be upgraded to a general discharge under honorable conditions. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.