| Mr. Carl W. S. Chun | Director | |
| MR. Luis Almodova. | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Mr. Eric N. Anderson | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his Bad Conduct Discharge (BCD) be upgraded to the next level up from BCD.
APPLICANT STATES: In effect, that it's been several years that he's had this BCD in his military records and that he just recently found out from his veterans advisor that he can ask for an upgrade to a better discharge; so, he's asking for the next level up from a BCD.
The applicant submitted nothing in support of his application other than the above self-authored statement in his DD Form 149, Application for Correction of Military Records.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the US Army Reserve for 6 years in pay grade E-1, on 29 April 1961, in the Delayed Entry/Enlistment Program. On 13 January 1981, he enlisted in the Regular Army for 3 years for a station of choice assignment to Korea.
Following completion of basic combat training at Fort Knox, Kentucky, he was transferred to Fort Leonard Wood, Missouri, to undergo training in the military occupational specialty 63B, Light Wheel Vehicle Mechanic.
On 21 June 1981, he was reassigned to Korea and was assigned to C Company, 102nd Maintenance Battalion of the 2nd Infantry Division. On completion of his overseas tour, on 16 June 1982, he was returned to the Continental United States and assigned at Fort Bragg, North Carolina.
On 30 July 1982, he was assigned to Headquarters and Headquarters Battery, 3rd Battalion, 68th Air Defense Artillery. The applicant was promoted to the rank and pay grade, Specialist Four, E-4, on 1 August 1983.
On 29 November 1983, he was given an Article 15 under the provisions of the Uniform Code of Military Justice for willfully disobeying a lawful command of a superior commissioned officer, and for twice failing to go at the prescribed time to his appointed place of duty - on 3 November 1983 and 17 November 1983. His punishment consisted of reduction in rank and pay grade from Specialist
Four (E-4) to Private First Class (E-3), extra duty and restriction to the battery area for 7 days. On 30 November 1983, the applicant appealed the Article 15; however, his appeal was denied on 7 December 1983.
On 6 January 1984, the applicant was reassigned to B Battery within the same battalion. On 13 April 1984, he was given an Article 15, for failing to go at the prescribed time to his appointed place of duty on 5 April 1984. His punishment consisted of reduction in rank and pay grade to Private, E-2, 7 days in CCF (correctional custody facility), and forfeiture of $125.00. The forfeiture was suspended for 60 days. He did not appeal the punishment. On 19 April 1984, the 7 days in the CCF was mitigated to 7 days restriction. On 2 May 1984, the suspension of the punishment of forfeiture of $125.00, which had been imposed on 19 April 1984, was vacated because the applicant failed to be at PT (physical training) formation on 27 April 1984. On 6 June 1984, the forfeiture of $125.00 was set aside on the basis that the chain of command had acted inappropriately.
On 7 September 1984, the applicant was found guilty by a General Court-Martial of one specification of larceny of $1,000.00 and one specification of forgery by altering a check. He was sentenced to a Bad Conduct Discharge (BCD), forfeiture of $200.00 pay per month for 12 months, confinement for 12 months, and reduction to the pay grade, E-1.
On 5 August 1985, the United States Army Court of Military Review, on the applicant's appeal, dismissed the finding of guilt of forgery by altering a check. The Court then affirmed the finding of guilt of the remaining specification of larceny of $1,000.00, and affirmed the sentence as adjudged on 7 September 1984.
In General Court-Martial Order Number 667, published by the United States Army Correctional Facility, Fort Riley, Kansas, dated 27 November 1985, Article 71(c) having been complied with, the BCD was ordered executed. Accordingly, the applicant was discharged on 10 December 1985 in the rank and pay grade of Private (E-1) under the provisions of Army Regulation 635-200, chapter 3, section IV. The character of service entered on his DD Form 214 is "Bad Conduct" and the narrative reason for separation is, "As a result of court-martial."
On the date of his discharge, the applicant had completed 4 years, 1 month and 12 days creditable active Federal service; he had 286 days lost due to confinement and 174 days excess leave. His awards include the Army Service Ribbon, the Overseas Service Ribbon, Sharpshooter (previously known as the First Class) Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.
Title 10, United States Code, section 1552, the authority under which this Board acts, provides, in pertinent part, that the Board is not empowered to set aside a conviction. Rather, it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to moderate the severity of the sentence 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. 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. The applicant has submitted no argument in support of his request to upgrade his BCD to a discharge under other than honorable conditions, the discharge next up from a BCD, or to the more commonly requested general discharge under honorable conditions.
3. 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.
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
__mhm___ __ena___ __jtm___ DENY APPLICATION
| CASE ID | AR2002076466 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021105 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 19851210 |
| DISCHARGE AUTHORITY | AR 635-200, Chap 3, Sect IV |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.6800 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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