| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Raymond J. Wagner | Chairperson | ||
| Mr. Roger W. Able | Member | ||
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his bad conduct discharge be upgraded to a general discharge under honorable conditions.
APPLICANT STATES: That he served from December 1986 until February 1989. He acknowledges that his behavior was inappropriate and that he deserved to be punished for his actions. Prior to the check cashing episode, he was performing his military duties effectively and was even awarded the Army Achievement Medal. The behavior which resulted in his being disciplined was out of character for him. He believes that the punishment he received in the form of a bad conduct discharge was far too severe considering the fact the court-martial was the only major disciplinary action taken against him while he was in the Army. He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, as supporting evidence.
COUNSEL CONTENDS: That he concurs with the applicant's request to upgrade his discharge.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 29 December 1986. He completed basic training and advanced individual training and was awarded military occupational specialty 91A (Medical Specialist).
On 17 December 1987, the applicant was given a letter of reprimand for having a urine sample that tested positive for marijuana.
On 6 July 1988, the applicant pleaded guilty to and was convicted by a general court-martial of six specifications of forgery (offenses committed on 20, 26, and 27 February 1988 and on 3, 4, and 5 March 1988). His approved sentence was confinement for 9 months (pursuant to a pre-trial agreement), reduction to pay grade E-1, and a bad conduct discharge. On 20 October 1988, the U. S. Army Court of Military Review affirmed the findings of guilty and the sentence.
The applicant was released from confinement on 23 February 1989 and placed on involuntary excess leave on 24 February 1989. He was discharged with a bad conduct discharge on 30 March 1989 pursuant to his sentence by court-martial. He had completed 1 year, 7 months, and 9 days of creditable active service and had 176 days of lost time.
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 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.
3. The Board notes that the applicant was not convicted of an isolated offense but for six specifications of forging checks committed on six different days. Those offenses were not his first instance of misconduct; he received a letter of reprimand for drug use in December 1987. The Board notes that he did not serve creditably from December 1986 - March 1989; after 5 July 1988 he was either in confinement or on involuntary excess leave.
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
__RJW__ __RWA__ __JTM__ DENY APPLICATION
| CASE ID | AR2002077445 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/10/10 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 1989/03/30 |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 105.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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