| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | ||
| Mr. Arthur A. Omartian | Member | ||
| Ms. Marla J. N. Troup | Member |
APPLICANT REQUESTS: In effect, that his bad conduct discharge (BCD) be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that he had completed 15 years of honorable service prior to receiving his BCD.
EVIDENCE OF RECORD: The applicant's military records show:
He initially entered active duty in the Regular Army on 30 June 1976 and that he continuously served until being separated with a BCD on 5 March 1993.
The applicant’s record shows that the highest rank he attained while serving on active duty was sergeant first class/E-7 (SFC/E-7). It also shows that he earned the following individual awards and decorations during his active duty tenure: Army Achievement Medal (2); Army Good Conduct Medal (4); Army Commendation Medal; Parachutist Badge; and Air Assault Badge. No other acts of valor, achievement, or service warranting special recognition are documented in the record.
On 12 March 1991, the applicant was convicted of two specifications for the wrongful use of cocaine between on or about 4 and 7 December 1990; and between on or about 4 and 7 January 1991. The resultant sentence included a reduction to the grade of E-1, confinement for a period of two years, and a BCD.
On 18 June 1992, the United States Army Court of Military Review affirmed the findings of guilty and the sentence of the applicant’s GCM. It determined that the improper argument on which the appeal was based did not constitute a plain error. It finally found that the evidence of the applicant’s guilt on each of the specifications was independently established beyond a reasonable doubt.
GCM Orders Number 81, dated 29 January 1993, issued by Department of the Army, United States Army Disciplinary Barracks, US Army Combined Arms Command and Fort Leavenworth, Fort Leavenworth, Kansas, ordered the BCD portion of the sentence executed. Accordingly, on 5 March 1993, the applicant was discharged after completing a total of 14 years, 8 months, and 12 days of creditable active military service.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3, Section IV, establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and that the appellate review must be completed and the affirmed sentence ordered duly executed.
Title 10 of the United States Code, section 1552 as amended does not permit any redress by this Board of the finality of a court-martial conviction and empowers the Board to only change a discharge if clemency is determined to be appropriate.
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. The evidence of record confirms that the applicant’s trial by court-martial was warranted by the gravity of the offenses for which he was charged. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which he was convicted.
2. By law, any redress by this Board of the finality of a court-martial conviction is prohibited. The Board is only empowered to change a discharge if clemency is determined to be appropriate to moderate the severity of the punishment imposed.
3. The Board carefully considered the applicant’s entire record of service. However, given the seriousness of the offenses for which he was convicted, the Board finds that this service is not sufficiently meritorious to warrant clemency in this case.
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
__RVO__ __AAO _ __MJNT__ DENY APPLICATION
| CASE ID | AR2002078212 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/01/16 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 1993/03/05 |
| DISCHARGE AUTHORITY | AR 635-200 C3 |
| DISCHARGE REASON | Court-Martial |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002074256C070403
EVIDENCE OF RECORD : The applicant's military records show: 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: Therefore, notwithstanding his post service good conduct and achievements, the Board finds that there is an insufficient basis to grant clemency in this case.
ARMY | BCMR | CY2008 | 20080021304
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his bad conduct discharge (BCD) be upgraded. His Official Military Personnel File (OMPF) contains a Personnel Action (DA Form 4187), dated 29 August 1991, which shows he received non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 22 April 1991.
ARMY | BCMR | CY2009 | 20090014096
Application for correction of military records (with supporting documents provided, if any). On 28 May 1993, the applicant was discharged accordingly. In accordance with Title 10, U. S. Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction.
ARMY | BCMR | CY2013 | 20130008438
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 7 April 1995 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3 as a result of...
ARMY | BCMR | CY2008 | 20080017569
IN THE CASE OF: BOARD DATE: 11 August 2009 DOCKET NUMBER: AR20080017569 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This document further shows the applicant had time lost under Title 10, U.S. Code, section 972, from 27 March 1992 to 26 November 1993. The evidence of record shows the applicant was convicted by a GCM and he received a BCD.
ARMY | BCMR | CY2001 | 2001056089C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that he never had a chance to appeal and in the 7 years since his discharge he has been denied medical services by Department of Veterans Affairs (VA) hospitals. The Board finds no evidence presented in this case warrants clemency.
ARMY | BCMR | CY2003 | 2003086815C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: Title 10 of the United States Code, section 1552 as amended does not permit any redress by this Board of the finality of a court-martial conviction and empowers the Board to only change a discharge if clemency is determined to be appropriate.
ARMY | BCMR | CY2003 | 2003090446C070212
EVIDENCE OF RECORD : The applicant's military records show: On 23 March 1994, the United States Army Court of Military Review upon consideration of the entire record, held that the findings of guilty and the sentence as approved by the GCM convening authority was correct in law and fact. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDARSUFFIXRECONDATE BOARDEDTYPE OF DISCHARGE(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)DATE OF DISCHARGEDISCHARGE...
ARMY | BCMR | CY2011 | 20110021104
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. GCM Order Number 50, Headquarters, 8th Infantry Division, dated 24 August 1989, shows the sentence adjudged on 17 April 1989 was approved by the GCM convening authority. Based on the gravity of the offenses resulting in his court-martial...
ARMY | BCMR | CY2010 | 20100023915
IN THE CASE OF: BOARD DATE: 24 May 2011 DOCKET NUMBER: AR20100023915 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His contention that his BCD should be upgraded because it does not properly reflect his service or duty to the U.S. Army and had no bearing on his job performance was carefully considered; however, there is no evidence that shows his GCM was in error or unjust. Trial by a GCM was warranted by the serious nature of the offenses for which he was charged and convicted and the...