| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, that his bad conduct discharge (BCD) be upgraded to honorable.
APPLICANT STATES: That he was qualified for a hardship discharge but was unaware of how to apply for such a discharge. His officers were unwilling to help him apply for a hardship discharge. He was an uneducated young man and did not know the proper procedure to apply for a hardship discharge. He indicates he was needed at home to care for his family; the United States was not at war and he believed he was needed more at home. President Carter pardoned soldiers that deserted and left the country during the Vietnam War.
In a separate statement, he indicates his father was from Greece and his mother was part American Indian and he has a very dark complexion and was the subject of many racist jokes and comments over the years. He had to quit school in the 7th grade to work and help support the family. He married a 15 year old in 1952 and had a daughter in 1953. Both his mother and wife were dependant on him for everything. In the Army, he indicates he was a victim of much harassment because of his lack of education and his dark complexion. His mother wrote his commanding officer about a hardship discharge but he did not act on the request. He has realized for a long time that he made a bad mistake in going AWOL (Absent without Leave), but the Korean War was over and his family needed him more than the Army. He has had four heart bypasses and now has a pacemaker, on medication for his heart and seventy years old. He is making this request on behalf of his children, grandchildren and great grand children. He provides three letters of support
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the record of his trial by court-martial and from reconstructed personnel records.
On 12 January 1954, he was inducted into the Army of the United States. He completed his required training and was awarded military occupational specialty 1812 (Light Weapons Infantryman).
On 19 August 1954, he was convicted by a special court-martial of being AWOL for the period 3 May to 3 August 1954. His sentence included confinement at hard labor (CHL) for 6 months and forfeiture of $25 pay per month for 6 months.
On 23 June 1955, in consonance with his plea, he was convicted by a general court-martial of being AWOL for the periods 7 December 1954 to 4 January 1955 and 3 February to 19 May 1955. His sentence included a BCD, forfeiture of all pay and allowances and CHL for 9 months. One previous conviction was considered.
On 20 July 1955, a US Army Board of Review, Office of The Judge Advocate General, found the findings of guilty and the sentence as approved by proper authority correct in law and fact and affirmed the findings of guilty and sentence.
On 28 January 1956, he was discharged in pay grade E-1 under Army Regulation 615-364.
Army Regulation 615-364, then in effect, set for the basic authority for the separation of enlisted personnel sentenced to a dishonorable or bad conduct discharge by a general court-martial, special court-martial, or military commission.
The statutory authority under which this Board was created (Title 10, United States Code, section 1552, as amended) precludes any action by this Board, which would disturb the finality of a court-martial conviction. Rather it is only empowered to changed 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 offense charged and the applicant’s previous court-martial conviction. 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. There is no basis for clemency in this case.
2. There is nothing in the available records to support the applicant’s contention that he was eligible for a hardship discharge and was not provided assistance. Additionally, there is nothing to support his claim of harassment.
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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_HBO___ _MKP___ __CJP__ DENY APPLICATION
| CASE ID | AR2002072845 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020829 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002071187C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. His DD Form 214 indicates that he had 3 years and 28 days of creditable service and 655 days of lost time. 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:
ARMY | BCMR | CY2003 | 2003087092C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. EVIDENCE OF RECORD : The applicant's military records show: The evidence of record also does not support counsel's contention that the applicant lacked maturity.
ARMY | BCMR | CY2011 | 20110001642
He departed the continental United States on 30 October 1952 and he arrived in Japan on 14 November 1952 and Korea on 16 July 1953. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The applicants record of service included two prior court-martial convictions.
ARMY | BCMR | CY2014 | 20140013800
The applicant, the daughter of a deceased former service member (FSM), requests an upgrade of his dishonorable discharge (DD) to an honorable discharge (HD). The FSM's military records are not available for review. _______ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2003 | 2003084173C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. This Board denied the applicant's request for an upgrade of his discharge on 21 February 1956. AR 615-364, then in effect, provided for the discharge of enlisted personnel pursuant to an approved sentence of a special or general court-martial imposing a bad conduct discharge.
ARMY | BCMR | CY2014 | 20140000777
IN THE CASE OF: BOARD DATE: 4 September 2014 DOCKET NUMBER: AR20140000777 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's military service records are not available to the Board for review. The evidence of record shows that during the period of service under review the applicant was AWOL for more than 1 year and 6 months, he had two prior convictions by court-martial, and he was convicted by general court-martial and issued a bad conduct discharge.
ARMY | BCMR | CY2013 | 20130019610
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 615-364, in effect at the time, stated an enlisted person would be dishonorably discharged pursuant only to an approved sentence of a general court-martial imposing dishonorable discharge. His conviction and sentence by general court-martial were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which he was convicted.
ARMY | BCMR | CY2010 | 20100029864
The applicant requests his bad conduct discharge be upgraded to honorable or general under honorable conditions. Army Regulation 615-364, in effect at the time, set forth the basic authority for the separation of enlisted personnel with dishonorable and bad conduct discharges. __________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2006 | 20060004576C070205
The applicant requests, in effect, that clemency be granted in the form of an honorable discharge or a pardon. The Army Board for Correction of Military Records is not empowered to grant service member’s pardons for convictions by a general or special court-martial. The Army Board for Correction of Military Records has no authority to grant the applicant’s request for a pardon.
ARMY | BCMR | CY2001 | 2001058067C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, reconsideration of his request for an upgrade of his dishonorable discharge (DD) which this Board denied on 27 February 1974. He was sentenced to a forfeiture of all pay and allowances, CHL for 7 years and to be discharged from service with a DD.