| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his Bad-Conduct Discharge (BCD) be corrected to fully honorable.
APPLICANT STATES: In effect, that the stupid actions he did hurt him the rest of his life. He indicates he would love to say that he has an honorable discharge from the Army. He let the Army down by his stupid actions. He served over
3 years faithfully and achieved any good things (awards, etc.). The last
6 months are now costing him his whole life. He’s proud to say he served the United States Army. He just hopes the Army can say they’re glad he served. Since his discharge, he has been doing great (no trouble) thanks to the discipline the Army showed him.
EVIDENCE OF RECORD: The applicant's available military records show:
During the period 26 March to 30 August 1990, the applicant served in the Army Reserve Delayed Enlistment Program.
On 31 August 1990, he enlisted in the Regular Army.
On 1 September 1992, he was advanced to pay grade E-4.
On 15 July 1993, he was awarded the Good Conduct Medal for the period
31 August 1990 to 30 August 1993.
On 15 June 1995, he was convicted consistent with his pleas by a General Court-Martial for conspiracy to possess, with the intent to distribute, marijuana, and desertion of 23 August 1994 until he was apprehended on 23 April 1995; and of wrongful possession of marijuana with intent to distribute on 17 April 1994. His approved sentence included a reduction to pay grade E-1, a BCD, forfeiture of all pay and allowances, and confinement for 12 months and 1 day.
On 2 November 1995, the United States Army Court of Criminal Appeals affirmed the finding of guilty and the sentence.
On 31 January 1996, the applicant voluntarily requested excess leave without pay and allowances pending completion of the appellate review. During the period 31 January to 20 June 1996, the applicant was on excess leave.
On 20 June 1996, he was discharged with a BCD under Army Regulation 635-200, chapter 3, based on the result of a court-martial conviction. His separation document indicates he had 4 years, 4 months and 4 days of creditable service and 442 days of lost time.
Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be inappropriate.
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 offenses charged. 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.
2. The applicant’s contention that he was stupid at the time is self-serving and is not sufficiently mitigating to warrant 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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_CLA___ _MHM___ _JTM___ DENY APPLICATION
| CASE ID | AR2002074857 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020905 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2007 | 20070015333
The applicant requests his bad conduct discharge be upgraded to an honorable discharge. The applicant states that the presumption of regularity that might normally permit the Army Board for Correction of Military Records (ABCMR) to assume that the Army acted correctly in characterizing his service as less than honorable does not apply in his case because of the evidence he is submitting. This form further shows the applicant's character of service as bad conduct and that he completed 4...
ARMY | BCMR | CY2004 | 20040009306C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 10 December 1996, the applicant was discharged with a BCD. In accordance with Title 10, United States Code, Section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to change a discharge due to matters which should have been raised in the appellate process, rather it is only empowered to change the severity of the sentence imposed in the court-martial process...
ARMY | BCMR | CY2001 | 2001061387C070421
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. The applicant was discharged pursuant to his general court-martial conviction on 4 April 1997 and issued a bad conduct discharge. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2005 | 20050017438C070206
The applicant requests to present his case before a formal panel of the Board. The applicant states his command did not take into consideration his nearly eight years of honorable service. Pursuant to Article 66(b), UCMJ, the record of trial was referred to the United States Army Court of Military Review (ACMR).
ARMY | BCMR | CY2001 | 2001057879C070420
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2001 | 2001058704C070421
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Southwest Asia (SWA) during the period January 1993 to April 1993 and to show that he was awarded the Southwest Asia Service Medal, the Kuwait Liberation Medal, two awards of the Army Achievement Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. The applicant’s DD Form 214 does not show that he served in SWA or that he was...
ARMY | BCMR | CY2002 | 2002080534C070215
His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he completed 4 years, 5 months, and 28 days of active military service and he had 145 days of lost time due to being in military confinement. 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: Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE...
ARMY | BCMR | CY2003 | 2003083763C070212
However, at Fort Polk, the GCM Convening Authority (GCMCA) dismissed all charges and the applicant was offered the choice of continuing his active duty career or being separated with an Honorable Discharge. He was convicted and transferred from Fort Polk to Fort Sill for service of his sentence to confinement. At Fort Polk, the GCMCA elected not to retry the applicant and offered him the option of continuation on active duty or separation.
ARMY | BCMR | CY2011 | 20110019837
The applicant requests his military records be corrected to show his application for retired pay was approved. He was sentenced to pay a fine of $3,000.00 and to be dismissed from the service. Evidence shows: * the applicant received his 20-year letter in September 1990 * he was convicted by a general court-martial on 2 September 1993 and sentenced to a dismissal * he was dismissed from the USAR on 13 March 1995 in the rank of major 3.
ARMY | BCMR | CY2002 | 2002069967C070402
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...