| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Melinda M. Darby | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Curtis L. Greenway | Member |
APPLICANT REQUESTS: That his dishonorable discharge (DD) be upgraded to a more favorable discharge.
APPLICANT STATES: That his discharge should be upgraded because it has been over 19 years since he was discharged from the Army.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 31 May 1978, for a period of 3 years, assignment to Europe and training as an air defense crewman. He completed his training at Fort Bliss, Texas, and was transferred to Germany on 3 November 1978. He was advanced to the pay grade of E-4 on 1 August 1979.
On 17 March 1980, he received a letter of commendation for being selected Brigade Soldier of the Quarter.
On 18 June 1980, nonjudicial punishment (NJP) was imposed against him for disobeying a lawful order from a noncommissioned officer. His punishment consisted of a reduction to the pay grade of E-3 (suspended for 3 months), a forfeiture of pay, extra duty and restriction. The suspension was vacated on 21 August 1980.
He was again advanced to the pay grade of E-4 on 1 December 1980 and on 23 April 1981, he reenlisted for a period of 3 years and training as a motor transport operator. He departed Germany on 28 May 1981, attended and completed service school training as a motor transport operator and was assigned to Fort Stewart, Georgia, for duty as a vehicle driver.
On 7 December 1981, NJP was imposed against him for communicating a threat to do bodily harm to another soldier and wrongful use of provoking and reproachful words. His punishment consisted of a reduction to the pay grade of E-3 (suspended for 6 months), a forfeiture of pay (suspended for 6 months), extra duty and restriction. On 8 February 1982, the suspensions were vacated and the punishments ordered executed.
On 11 February 1982, NJP was imposed for being absent without leave (AWOL) from 2 February through 3 February 1982. His punishment consisted of extra duty and restriction for 7 days.
He was transferred back to Germany on 12 September 1982 and on 30 June 1983, he was convicted by a general court-martial of attempting to murder a sergeant by repeatedly stabbing him with a knife. He was sentenced to confinement at hard labor for 10 years, a reduction to the pay grade of E-1, forfeiture of all pay and allowances and a DD. He was transferred to Fort Leavenworth, Kansas, to serve his confinement.
On 30 July 1984, the United States Army Court of Military Review affirmed the findings and sentence as approved by the general court-martial convening authority.
The applicant appealed his case to the United States Court of Military Appeals and his petition for a grant of review was denied on 11 December 1984.
On 4 December 1984, he was dishonorably discharged pursuant to a duly reviewed and affirmed general court-martial conviction. He had served 5 years and 27 days of total active service.
Title 10, United States Code, section 1552, the authority under which this Board acts, provides, in pertinent part, that the Board is not empowered to set aside a conviction. Rather it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate. Clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed.
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. 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.
2. The type of discharge directed and the reasons therefore appear to be appropriate considering the available facts of the case.
3. The applicant’s contentions have been noted by the Board. However, they are not sufficiently mitigating to warrant relief when compared to the seriousness of his offense and his overall undistinguished record of service.
4. 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.
5. 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
__mmd__ ___rwa__ __clg____ DENY APPLICATION
| CASE ID | AR2002071876 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/08/20 |
| TYPE OF DISCHARGE | DD |
| DATE OF DISCHARGE | 1985/02/04 |
| DISCHARGE AUTHORITY | GCM |
| DISCHARGE REASON | CM CONV |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 685 | 144.6800/A68.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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.
ARMY | BCMR | CY2001 | 2001057242C070420
EVIDENCE OF RECORD : The applicant's military records show: The record of trial was forwarded to the United States Army Court of Military Review for appellate review. No pay records were available for review.
ARMY | BCMR | CY2002 | 2002067733C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The specifics are not present in the available records; however, his records do show that he was reduced to the pay grade of E-4 on that date. On 28 June 1985, the United States Army Court of Military Review affirmed the findings and sentence as approved by the court-martial convening authority.
ARMY | BCMR | CY2001 | 2001057265C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his bad conduct discharge (BCD) be upgraded to a general discharge. He successfully completed his training and was transferred to Germany on 29 August 1976.
ARMY | BCMR | CY2003 | 2003086025C070212
EVIDENCE OF RECORD : The applicant's military records show: The applicant was discharged with a bad conduct discharge on 23 August 1984 in the rank and pay grade, Private, E-1, under the provisions of Army Regulation 635-200, chapter 3, section IV, as a result of court-martial. After reviewing the applicant service record, the Board found no basis upon which to grant clemency and an upgrade of the applicant's discharge.
ARMY | DRB | CY2005 | 20050000823C070206
The applicant requests upgrade of his bad conduct discharge to an honorable discharge. On 21 April 1981, the military judge sentenced the applicant to reduction to pay grade E-1, forfeiture of $250.00 per month for four months, confinement at hard labor for 75 days, and to be discharged from the service with a bad conduct discharge. Therefore, there is no basis to grant clemency in the form of an honorable discharge.
ARMY | BCMR | CY2005 | 20050000823C070206
The applicant requests upgrade of his bad conduct discharge to an honorable discharge. On 21 April 1981, the military judge sentenced the applicant to reduction to pay grade E-1, forfeiture of $250.00 per month for four months, confinement at hard labor for 75 days, and to be discharged from the service with a bad conduct discharge. Therefore, there is no basis to grant clemency in the form of an honorable discharge.
ARMY | BCMR | CY2005 | 20050000823C070206
The applicant requests upgrade of his bad conduct discharge to an honorable discharge. On 21 April 1981, the military judge sentenced the applicant to reduction to pay grade E-1, forfeiture of $250.00 per month for four months, confinement at hard labor for 75 days, and to be discharged from the service with a bad conduct discharge. Therefore, there is no basis to grant clemency in the form of an honorable discharge.
ARMY | BCMR | CY2014 | 20140019988
He pled guilty to the charges to prevent Ms. Txxxxx and the baby girl named Dxxxxxxx from being separated from one another. The evidence of shows the applicant was convicted by a special court-martial and was sentenced to a bad conduct discharge. His conviction and discharge were effected in accordance with applicable laws and regulations and the discharge appropriately characterized the misconduct for which he was convicted.
ARMY | BCMR | CY2008 | 20080014369
This form further shows the applicant's character of service as bad conduct discharge and that he completed 3 years, 6 months, and 21 days of creditable military service. There is no indication in the applicant's records that he petitioned the Army Discharge Review Board for an upgrade of his discharge within that Board's 15-year statute of limitations. Conviction and discharge were effected in accordance with applicable laws and regulation, and the discharge appropriately characterized...