| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Ted S. Kanamine | Member | |
| Mr. Conrad V. Meyer | Member |
APPLICANT REQUESTS: That his discharge be upgraded to allow him to use his educational benefits.
APPLICANT STATES: In effect, he served over a year before he got into trouble, that he paid into the education program for that period and that the current characterization of his discharge precludes him from using his educational benefits.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered active duty on 1 April 1987, at age 19, and successfully completed basic combat training and advanced individual training.
On 7 May 1989, a general court-martial found the applicant guilty of multiple specifications of larceny, receiving stolen goods, and assault. The adjudged sentence, at that time, was reduction to pay grade E-1, forfeiture of all pay and allowances, confinement for 1 year, and a bad conduct discharge. The discharge authority approved the sentence as adjudged.
The Army Court of Martial Review (ACMR) in accordance with Article 71(c) of the Uniform Code of Military Justice reviewed the applicant's case and affirmed the sentence.
The applicant appears to have failed to exercise his right to have his case considered by Court of Military Appeals within the requisite 30 days of notification of the findings of the ACMR.
On 23 May 1990, the unexecuted portion of the sentence to confinement was remitted and the bad conduct discharge was directed to executed. The applicant was discharged on 1 June 1990.
The Department of Veteran's Affairs (VA) administrates entitlement of the Congressionally mandated educational benefits. VA regulations state that to be entitled to the Montgomery GI Bill educational benefits a veteran had to have served 3 years, to contribute $100 per month for 12 months ($1200), and to receive an honorable discharge. There is no provision for refunding of the contribution.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded:
1. The statutory authority under which this Board was created (Title 10, United States Code, section 1552, as amended) precludes any action by this Board that would disturb the finality of a court-martial conviction.
2. Entitlement to VA benefits is not within the preview of this Board nor is it normally considered a basis for granting relief.
3. 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.
4. 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.
| CASE ID | AR2002072134 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021210 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.68 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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