| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Ted S. Kanamine | Chairperson | |
| Mr. John T. Meixell | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: That his bad conduct discharge (BCD) be upgraded to general under honorable conditions.
APPLICANT STATES: That he should be given an upgrade because he needs Veterans Administration benefits for his family and himself. He also states that he put in 5 good years of service and 6 years of good service in the Army Reserve. He had one bad experience that led to his BCD and 6 years have passed and he thinks the punishment has been more than enough.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Reserve for 8 years in pay grade E-1 on 13 February 1985. He served on active duty from 12 June 1985 to September 1986 and was honorably separated for the expiration of term of service. He remained in the Reserve until 15 April 1990.
He enlisted in the Regular Army for 4 years, in pay grade E-2, on 29 May 1992.
He was promoted to specialist, pay grade E-4 on 3 May 1994. He was awarded the Good Conduct Medal for the period 29 May 1992 to 28 May 1995.
On 24 April 1996, he was tried by general court-martial. Pursuant to his guilty pleas, he was found guilty of assault consummated by a battery, aggravated assault with a deadly weapon, and communication of a threat and sentenced to reduction to pay grade E-1, confinement for a period of 10 months, forfeiture of all pay and allowances and a BCD.
The United States Army Court of Criminal Appeals affirmed his sentence on 4 December 1996.
He was discharged under the provisions of Army Regulation 635-200, as a result of court-martial, with a BCD on 5 September 1997, in pay grade E-1. He was credited with 4 years, 3 months and 2 days net active service this period, 2 months and 25 days total prior active service, and 365 days of time lost.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-11, of this regulation, in effect at the time, provided for the separation of personnel with an approved sentence to a BCD after completion of the appellate review and after the sentence had been affirmed.
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 view of the circumstances in this case, the applicant is not entitled to an upgrade of his discharge. He has not shown error, injustice, or inequity for the relief he now requests.
2. The Board has noted his contentions that he needs Veterans Administration benefits for his family and himself, that he put in 5 good years of service and 6 years of good service in the Army Reserve and one bad experience led to his BCD. However, the type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.
3. Trial by general court-martial was warranted by the serious nature of the multiple offenses charged, the conviction is final and the sentence is commensurate with the misconduct of which the applicant was convicted.
4. The applicant has provided no evidence or argument to show the discharge should be upgraded. He has not convinced the Board the punishment has now been more than enough and should now be removed based on the lapse of time.
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
_JTM____ _TSK___ _HBO___ DENY APPLICATION
| CASE ID | AR2002071977 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020711 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | A70 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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