| Mr. Carl W. S. Chun | Director | |
| Mrs. Carolyn G. Wade | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Kenneth W. Lapin | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That his bad conduct discharge (BCD) be upgraded to honorable.
APPLICANT STATES: That he did not deserve a BCD.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 21 October 1982 for a period of 3 years. He enlisted for training in military occupational specialty (MOS) 76C, Equipment Records and Parts Specialist. Following completion of all military training, the applicant was awarded MOS 76C and was assigned to Germany as his first permanent assignment.
The applicant served without incident until 3 September 1983 when he attempted to rob a fellow soldier outside the Post Exchange. On 23 September 1983, court-martial charges were preferred against the applicant for attempting to steal from the person of a private first class/PFC by means of force and violence.
On 27 October 1983, the applicant was convicted by a special court-martial of attempted robbery. He was sentenced to a BCD, confinement at hard labor for 3 months, forfeiture of $382.00 pay per month for 3 months, and reduction to private/E-1. On 1 December 1983, the sentence was approved and the applicant was confined to the United States Army Correctional Activity, Fort Riley, Kansas.
On 27 November 1984, the appellate review was completed, the sentence was affirmed, and the BCD was ordered executed.
On 26 December 1984, the applicant was discharged with a BCD pursuant to his sentence by special court-martial. He was credited with 1 year, 11 months, and 20 days of active military service and 76 days of lost time.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3, paragraph 3-11 provides that a soldier will be given a BCD pursuant only to an approved sentence of a general court-martial or special court-martial. The appellate review must be completed and the affirmed sentence ordered duly executed.
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. The Board carefully reviewed all of the applicant’s faithful and honorable service as well as his misconduct. The applicant's contention that the bad conduct characterization of his service was undeserved is without merit. The applicant, in effect, was convicted of attempted robbery of a fellow soldier and received a felony conviction for that misconduct; his misconduct was not of a minor nature. Trial by court-martial was warranted by the gravity of the offense charged.
3. The evidence of record clearly shows that the applicant was adjudged guilty by court-martial and that the convening authority approved the sentence. Court-martial convictions stand as adjudged or modified by appeal through the judicial process. Clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed by the court-martial. After a thorough review of the applicant’s record and any issues submitted, the Board found no cause for clemency.
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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__aao___ __kwl___ __dph___ DENY APPLICATION
| CASE ID | AR2002072224 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020924 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 19841226 |
| DISCHARGE AUTHORITY | AR 635-200, ch 3 |
| DISCHARGE REASON | A68.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.9405 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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