| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. William D. Powers | Member |
2. The applicant requests that his report of separation (DD Form 214) be corrected to reflect his correct date of birth (DOB) and that his bad conduct discharge (BCD) be upgraded to honorable.
3. The applicant states that his DOB is incorrectly reflected as 5 February 1972, when in fact, it is 5 February 1952, and his BCD should be upgraded to honorable based on his service in Vietnam.
4. The applicant’s military records show that he was born in Bath, Maine, on 5 February 1952 and that he enlisted in Shreveport, Louisiana, on 26 March 1969, for a period of 3 years and training as a wireman. He was transferred to Fort Polk, Louisiana, to undergo his training.
5. While attending his advanced individual training (AIT), nonjudicial punishment (NJP) was imposed against him twice in June and July 1969 for refusing a lawful order from a noncommissioned officer (NCO) and for breaking restriction. In each instance, his punishments consisted of a forfeiture of pay, extra duty and restriction.
6. He completed his AIT and was transferred to Fort Bragg, North Carolina, on 20 August 1969.
7. On 14 October 1969, NJP was imposed against him for disobeying a lawful order from a superior NCO. His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.
8. On 20 November 1969, NJP was imposed against him for failure to go to his place of duty. His punishment consisted of a forfeiture of pay, extra duty and restriction.
9. He was convicted by a summary court-martial on 5 December 1969, of three specifications of disobeying lawful orders from a superior commissioned officer. He was sentenced to confinement at hard labor for 1 month and a forfeiture of pay.
10. On 29 January 1970, NJP was imposed against him for having alcoholic beverages in the barracks. His punishment consisted of a forfeiture of pay and a oral reprimand.
11. The applicant was transferred to Vietnam on 24 February 1970 and on 8 June 1970, he was convicted by a special court-martial of resisting arrest, assault, and four specifications of being drunk and disorderly. He was sentenced to confinement at hard labor for 3 months and a forfeiture of pay.
12. He was convicted by a special court-martial on 8 October 1970, of three specifications of disobeying lawful orders from commissioned officers, three specifications of assault and one specification of being drunk and disorderly. He was sentenced to confinement at hard labor for 6 months (suspended for 6 months) and a forfeiture of pay.
13. He was convicted by a special court-martial on 19 July 1971, of being absent without leave (AWOL) from 16 January to 1 March 1971, wrongful possession and use, with intent to deceive, the identification card of another soldier (NCO), wrongful possession and use, with intent to deceive, the ration card of another soldier, wrongful possession and use, with intent to deceive, a currency control plate of another soldier, wrongful possession of heroin, unlawful impersonation of a NCO, and forging a signature on a check using the name of an NCO. He was sentenced to confinement at hard labor (CHL) for 5 months (2 months CHL suspended for 6 months), a forfeiture of pay and a BCD.
14. On 24 February 1972, the United States Army Court of Military Review affirmed the findings and sentence as approved by the convening authority.
15. Accordingly, he was discharged with a BCD on 5 May 1972, pursuant to a duly reviewed and affirmed special court-martial conviction. He had served 2 years, 3 months and 29 days of total active service and had 280 days of lost time due to AWOL and confinement. At the time of his separation, his DD Form 214 reflected that his DOB was 5 February 1972.
16. 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 be appropriate. Clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed.
CONCLUSIONS:
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 type of discharge directed and the reasons therefore appear to be appropriate considering the available facts of the case.
3. The applicant’s contentions regarding his discharge have been noted by the Board. However, they are not sufficiently mitigating to warrant relief when compared to the seriousness of his offenses and his undistinguished record of service.
4. However, it appears that an administrative error resulted in an incorrect DOB being entered on his DD Form 214 at the time of his separation. Accordingly, it would be in the interest of justice to correct his DOB at this time to reflect that his correct DOB is 5 February 1952 instead of 5 February 1972, as currently reflected on his DD Form 214.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the correct DOB of the individual concerned is 5 February 1952, instead of 5 February 1972, as currently reflected on his DD Form 214.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
___ls ___ __wdp___ __be____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Luther L. Santiful_____
CHAIRPERSON
| CASE ID | AR2002076664 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/12/17 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 1972/05/05 |
| DISCHARGE AUTHORITY | SPCM |
| DISCHARGE REASON | SPCM |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 1021 | 100.0000/CORR DOB |
| 2. 675 | 144.6800/A68.00 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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