| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. JoAnn H. Langston | Chairperson | ||
| Mr. Raymond V. O’Connor, Jr. | Member | ||
| Ms. Barbara J. Lutz | Member |
APPLICANT REQUESTS: In effect, that his dishonorable discharge (DD) be upgraded to a general, under honorable conditions discharge (GD).
APPLICANT STATES: The applicant has offered no argument or explanation with his application to support his request.
EVIDENCE OF RECORD: The applicant's military records show:
On 23 May 1986, the applicant entered active duty in the Regular Army for
3 years. He was trained in and awarded military occupational specialty (MOS) 16R (Vulcan Crewmember). The applicant’s record documents no acts of valor, significant achievement, or service warranting special recognition, and it confirms that the highest rank he attained during his active duty tenure was private/E-2.
On 26 June 1987, the applicant was convicted consistent with his pleas by a general court-martial of the wrongful distribution of .439 grams of cocaine on 6 January 1987 and the wrongful distribution of 1.9 grams of cocaine on 20 January 1987. The resultant sentence included a reduction to the rank and pay grade of private/E-1, confinement for 2 years, total forfeiture of all pay and allowances, and a DD.
On 30 August 1987, the convening authority approved the sentence and ordered all but the DD portion to be executed. However, that portion of the confinement sentence in excess of one year was suspended.
On 30 December 1987, the United States Army Court of Military Review examined the applicant’s record of trial and found it to be legally sufficient to support the findings of guilty and the resultant sentence. On 15 March 1988, the unexecuted sentence to confinement was remitted. On 13 May 1988, the DD portion of the applicant’s sentence was ordered executed, and on 25 May 1988, he was discharged accordingly. At the time of his discharge, he had completed a total of 1 year, 3 months and 10 days of creditable active military service, and had accrued a total of 243 days of time lost time due to confinement.
Title 10 of the United States Code, section 1552, as amended, does not permit any redress by the Army Board of Correction of Military Records (ABCMR) of the finality of a court-martial conviction and empowers the ABCMR to only change a discharge if clemency is determined to be appropriate.
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. By law, any redress by this Board of the finality of a court-martial conviction is prohibited. The Board is only empowered to change a discharge if clemency is determined to be appropriate to moderate the severity of the punishment imposed. In this case, the Board finds that the applicant’s conviction and discharge were effected in accordance with applicable law and regulations and that his trial by court-martial was warranted by the gravity of the offenses with which he was charged.
2. In addition, the Board finds that the type of discharge received by the applicant appropriately characterizes the misconduct for which he was convicted and accurately reflects his overall record of service. Therefore, the Board concludes that clemency is not warranted in this case.
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
__JHL __ __ RVO _ __BJL __ DENY APPLICATION
| CASE ID | AR2002073657 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/08/22 |
| TYPE OF DISCHARGE | DD |
| DATE OF DISCHARGE | 18880525 |
| DISCHARGE AUTHORITY | AR 635-200 Chapter 3. . . . . |
| DISCHARGE REASON | As a result of CM |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 105.0100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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