| Mr. Carl W. S. Chun | Director | |
| Ms. Antoinette Farley | Analyst |
| Ms. JoAnn H. Langston | Chairperson | ||
| Mr. Lester Echols | Member | ||
| Mr. Allen L. Raub | Member |
APPLICANT REQUESTS: That his dishonorable discharge (DD) be upgraded.
APPLICANT STATES: In effect, that it has been over 20 years and he hopes that he can be helped with getting his DD upgraded.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 13 February 1979. He completed basic training and advanced individual training and was awarded military occupational specialty 57E (Laundry and Bath Specialist). Upon completion of his training he was assigned to Germany for duty on 25 May 1979. He had been promoted to pay grade E-4 effective 1 June 1980.
On 21 October 1981, the applicant was convicted by a general court-martial
of one specification for aggravated assault by intentionally inflicting grievous bodily harm with a knife and a second specification for robbery on 8 June 1981. He was sentenced to be reduced to pay grade E-1, to forfeit all pay and allowances, to be confined for a period of 5 years at hard labor, and to be discharged with a dishonorable discharge. On 23 August 1981, the applicant was transferred to the United States Disciplinary Barracks, Fort Leavenworth, Kansas for confinement. On 17 December 1981, the convening authority approved the sentence.
On 13 August 1982, the U.S. Army Court of Military Review affirmed the findings and sentence.
On 25 August 1982, the applicant petitioned the U. S. Court of Military Appeals for a review of his conviction, which was denied on 23 September 1983. The U.S. Court of Military Appeals affirmed the decision of the Army Court of Military Review. On 7 October 1983, General Court Martial Order Number 677, United States Disciplinary Barracks, US Army Combined Arms Center, Fort Leavenworth, Kansas, ordered the DD to be duly executed.
On 14 October 1983, the applicant was discharged, with a DD. He had completed 2 years, 8 months and 8 days of active military service and had 724 days of lost time from 21 October 1981 to 14 October 1983 due to confinement.
The statutory authority under which this Board was created (Title 10, United States Code, Section 1552) precludes any action by this Board, which would disturb the finality of a court-martial conviction. The sentence may be modified by the Board based upon a finding of clemency.
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.
2. The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army’s standards for acceptable conduct and performance of duty by military personnel. The applicant has provided no evidence demonstrating his overall record of service mitigated his unacceptable conduct.
3. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterized the misconduct for which the applicant was convicted.
4. 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.
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
___JL __ __LE ___ ___ALR _ DENY APPLICATION
| CASE ID | AR2002077104 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/02/20 |
| TYPE OF DISCHARGE | DD |
| DATE OF DISCHARGE | 1983/10/14 |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 105.01 |
| 2. | 110.00 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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