| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Ms. Melinda M. Darby | Member | |
| Mr. Robert E. Blakely | Member |
APPLICANT REQUESTS: In effect, that his bad conduct discharge be upgraded.
APPLICANT STATES: The applicant makes no statement. His mother stated that the applicant loved the Army but stopped caring about everything after his wife gave birth to a baby that was not his and his marriage dissolved. His mother indicated that she was sick, that her son lived with her, and that she wants to know that he will be able to received treatment from the VA. He submits no evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty on 29 December 1980. He was 20 years old and had 12 years of formal education. His GT (general technical) score was 99. He completed basic and advanced individual training. He was initially assigned to Fort Sill, Oklahoma where he attained pay grade E-3 and received one letter of appreciation.
In August 1982 he was assigned to an armor division in Germany. He received a letter of commendation in September 1982 and was promoted to pay grade E-4 on 16 November 1982.
In June 1984 he was convicted by a general court-martial of wrongful distribution of 16.45 grams of marijuana in the hashish form and wrongful use of marijuana. His sentence included reduction to pay grade E-1, 4 years confinement, and a bad conduct discharge. The sentence was adjudged on 7 June 1984 and approved on 27 July 1984.
On 26 November 1984 the United States Army Court of Military Review affirmed the findings of guilty and the sentence. On 25 January 1985 the United States Court of Military Appeals denied the applicant's petition for grant of review.
The applicant's bad conduct discharge was executed on 11 March 1985. During his military service he was awarded two weapon qualification badges and the Army Service Ribbon.
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. There is no evidence, and the applicant has not provided any, that his discharge was in error or unjust. He has submitted no evidence which would serve as a basis to upgrade his discharge as a matter of equity.
2. 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 that requirement.
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
__JHL __ __MMD __ __REB __ DENY APPLICATION
| CASE ID | AR2002071493 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020919 |
| 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. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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