| Mr. Carl W. S. Chun | Director | |
| Mrs. Carolyn G. Wade | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. James E. Anderholm | Member |
APPLICANT REQUESTS: That this bad conduct discharge (BCD) be upgraded so that he can obtain veterans' benefits.
APPLICANT STATES: In effect, that there is no injustice in his discharge or his court-martial conviction and that he knows the Board cannot overturn his court-martial; however, he wants his discharge upgraded in order to take advantage of the veterans' benefits available to him under the GI Bill. He states that for the last 5 years he has worked diligently to better himself and his life. He states that he is certified by the Professional Association of Dive Instructors to teach underwater diving, a Medic/First Aid instructor, and he has completed a US Coast Guard approved course of instruction and will receive his Masters Captains License for 100-ton vessels. He states that he has been preparing himself to start and run a charter diving business in Maui, Hawaii. He believes that upgrading his discharge would not only allow him to use the GI Bill, but also would remove a scar on his honor. He concludes by stating that he will always feel remorse for his misconduct, but he is proud of his military service and the achievements that he earned while serving in the military.
In support of his application, the applicant submitted a statement in his own behalf and extracts from his military records.
EVIDENCE OF RECORD: The applicant's military records show:
On 18 January 1991, the applicant enlisted in the Kansas Army National Guard (KSARNG) and as a Reserve of the Army. On 10 December 1993, the applicant submitted a DA Form 4187 (Personnel Action) requesting enlistment in the Regular Army (RA). On 17 January 1994, the applicant was honorably discharged from the KSARNG by reason of expiration of his term of service (ETS).
On 2 February 1994, he enlisted in the Regular Army for a period of 3 years. He enlisted for the Montgomery GI Bill, training in Military Occupational Specialty (MOS) 11B (Infantryman) and the Station of Choice Enlistment Option - Korea. Following completion of all military training, the applicant was awarded MOS 11B and was assigned to Korea as his first permanent duty assignment.
On 10 February 1997, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for larceny of government property and wrongful distribution of government property. His punishment consisted of 14 days' restriction and extra duty.
On 12 February 1997, while serving at Fort Campbell, Kentucky, the applicant was convicted by a general court-martial of wrongfully possessing a firearm and ammunition, 3 specifications of assault, wrongful discharge of a firearm and
2 specifications of wrongfully communicating a threat. He was sentenced to reduction in grade to private/E-1, forfeiture of all pay and allowances, confinement for 16 months, and a BCD. On 22 May 1997, the sentence was approved and ordered executed, except for the BCD. He was confined to the Regional Correctional Facility, Fort Knox, Kentucky.
On 15 December 1997, the applicant was notified that after serving his sentence to confinement, he would be involuntarily placed on excess leave pending appellate review of his court-martial conviction. On 16 January 1998, the applicant was placed on excess leave. On 25 May 1999, the appellate review was completed, the sentence was affirmed, and the BCD was ordered executed.
On 16 February 2000, the applicant was separated with a BCD.
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. The Board commends the applicant for his successful transition to civilian life and notes the accomplishments outlined in his statement submitted with his application. However, in review of the applicant’s entire service record, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. Additionally, the Board does not grant relief solely for the purpose of enabling a person to take advantage of VA benefits.
2. Eligibility for veteran's benefits does not fall within the purview of this Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
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
__jlp___ __mhm___ __jea___ DENY APPLICATION
| CASE ID | AR2002072892 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021008 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 20000216 |
| DISCHARGE AUTHORITY | AR 635-200, chapter 3-11 |
| DISCHARGE REASON | A60.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.9500 |
| 2. | 144.0100 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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