| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L Amos | Analyst |
| Mr. Thomas A. Pagan | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. John A. Kelley | Member |
APPLICANT REQUESTS: That his bad conduct discharge be upgraded.
APPLICANT STATES: That he was a great soldier prior to his mistake. If he had only stayed in his barracks that night, he would have retired in August 2003. He wishes to become a California Correctional Officer and needs an upgraded discharge to do so. As supporting evidence he provides his State of California Individual Development Plan; a Performance Appraisal Summary of Past Job Performance of Permanent Employees dated 3 April 2002; Notice of Examination Results, undated; his Noncommissioned Officer Evaluation Report (NCOER) for the period ending April 1989 (which shows he was rated as “excellence” in three categories and as “success” in two); an Army Commendation Medal certificate; two Army Achievement Medal certificates; a letter of appreciation dated 17 August 1989; a memorandum of commendation dated 21 August 1989; a letter of appreciation dated 14 September 1989; a certificate of appreciation dated 1 January 1990; an undated memorandum of appreciation; an undated memorandum of commendation; and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 31 August 1983. On or about 12 October 1987, he was assigned to the Tropic Test Center, Panama. He was promoted to Sergeant, E-5 on 1 January 1989 in military occupational specialty 76Y (Unit Supply Specialist).
On 5 April 1990, the applicant was convicted by a special court-martial of violating a lawful general order, on or about 7 January 1990, by wrongfully going to the Olibilli bar, the Ancon Inn, and the Ellos bar; wrongfully traveling in downtown Panama, while not on essential military business; and wrongfully traveling after the 11:00 p.m. curfew, all of which were conditions of Personnel Movement Limitation Delta which was then in effect. He was sentenced to be reduced to the grade of Private, E-1, to be confined for 2 months, and to be discharged with a bad conduct discharge.
After considering a request for clemency, the approval authority approved the sentence as adjudged.
On 13 July 1990, the applicant was placed on involuntary excess leave pending appellate review. The appellate action is not available.
On 14 May 1991, the applicant was discharged, in pay grade E-1, with a bad conduct discharge, pursuant to his sentence by court-martial. He had completed 7 years, 6 months, and 22 days of creditable active service.
On 30 October 2002, the Army Discharge Review Board (ADRB) noted the applicant’s military record and post-service accomplishments and found that clemency was warranted. The ADRB upgraded his discharge to general under honorable conditions but found that his misconduct and poor duty performance diminished the quality of service below that meriting a fully honorable discharge. A new DD Form 214 was issued changing his characterization of service to general under honorable conditions with no change in the narrative reason for separation.
Army Regulation 635-200 governs the separation of enlisted personnel. In pertinent part, it states that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier’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 clearly inappropriate. A general discharge is a separation from the Army under honorable conditions. It is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
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. Trial by court-martial was warranted because the offenses charged were committed during a period of armed conflict in Panama. Conviction and discharge were effected in accordance with applicable law and regulations. The approval authority and, presumably, the appellate authority, believed the discharge appropriately characterized the misconduct for which the applicant was convicted. The Board will not override the judgment of the authorities closer to the event.
3. The ADRB took cognizance of the applicant’s military record and upgraded his discharge to general under honorable conditions. The ADRB noted that the applicant’s misconduct and poor duty performance diminished the quality of his service below that meriting a fully honorable discharge.
4. This Board notes that the applicant’s general duty performance, as exemplified by his NCOER, was above average. However, it is also an NCO’s duty to obey orders. This Board agrees with the ADRB that the applicant’s misconduct and poor duty performance, as exemplified by the incident for which he was convicted by a special court-martial, diminished the quality of his military service below that meriting a fully honorable discharge. No further upgrade of his discharge is warranted.
5. 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
___tap__ ___rwa__ ___jak__ DENY APPLICATION
| CASE ID | AR2002075834 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030313 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 105.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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