| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Melvin H. Meyer | Chairperson | ||
| Mr. Curtis L. Greenway | Member | ||
| Mr. Ronald J. Weaver | Member |
APPLICANT REQUESTS: That his bad conduct discharge be upgraded.
APPLICANT STATES: He could not serve effectively because of his mental problems. He was seeking mental health treatment because of the death of his mother and his father's terminal illness. Now he gets help from Social Security and is receiving proper mental health treatment.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted and entered active duty on 15 October 1979. He completed basic combat training, advanced individual training as an infantryman, basic airborne training and approximately 7 months of service without a discreditable incident of record.
The applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice on 22 May 1980 for possession of marijuana but progressed normally and was advanced to pay grade E-4 on 15 October 1981. On 13 November 1981 he received another NJP for absence from his appointed place of duty.
In January 1982 he commenced a series of absences without leave (AWOL) that led to his discharge.
On 10 June 1982, in accordance with his pleas, a special court-martial found him guilty of four specifications of AWOL (two of them for more than 30 days). The sentence; reduction to pay grade E-1, confinement for more that 75 days and a bad conduct discharge was approved as adjudged. The applicant was ultimately placed on involuntary excess leave.
The Army Court of Military Review (ACMR) considered the applicant's contention that his plea was improvident because he had been in the barracks part of the time he was charged with AWOL. The ACMR noted that the unit was in the field at the time and there was no indication that the rear echelon noncommissioned officer, who was aware of the applicant's presence, was also aware that he was supposed to be in the field. The findings and sentence were affirmed and the discharge was duly executed.
On 23 March 1993 the applicant was separated with a bad conduct discharge. He had 2 years, 11 months and 27 days of creditable service and 105 days AWOL.
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. 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. There is no available evidence to substantiate the applicant's contentions of mental health problems.
3. 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.
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___ __CLG__ __RJW ___ DENY APPLICATION
| CASE ID | AR2002077452 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030204 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 19830323 |
| DISCHARGE AUTHORITY | SPCMO |
| DISCHARGE REASON | A68.00 |
| BOARD DECISION | (NC, GRANT , DENY, GRANT PLUS) |
| REVIEW AUTHORITY | |
| ISSUES 1. | A93.21 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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