| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | ||
| Mr. Roger W. Able | Member | ||
| Mr. Patrick H. McGann | Member |
APPLICANT REQUESTS: In effect, that his bad conduct discharge (BCD) be upgraded.
APPLICANT STATES: In effect, that he is a small business owner with no arrests in 40 years, and he is a good citizen and respected within his community. He states that he would like to put his discharge behind him and have it upgraded if possible.
EVIDENCE OF RECORD: The applicant's military records show:
He entered the Regular Army on 22 June 1961, and served on active duty until being separated with a BCD on 28 September 1963.
The applicant’s record shows that the highest rank he attained while serving on active duty was private first class/E-3 (PFC/E-3). With the exception of a marksmanship qualification badge, he received no individual awards or decorations while serving on active duty. The record documents no acts of valor, significant achievement, or service warranting special recognition. However, it does contain an extensive disciplinary history.
On 10 May 1962, a summary court-martial convicted the applicant of being absent without leave (AWOL) from his unit at Fort Riley, Kansas, from on or about 24 April to on or about 25 April 1962. The resultant sentence included confinement at hard labor for 30 days and a forfeiture of $25.00.
On 28 January 1963, a special court-martial convicted the applicant of two specifications of being absent without leave (AWOL) from his unit at Fort Jackson, Carolina. The first period of AWOL was from on or about 30 November to on or about 3 December 1962; and the second period was from on or about
4 December 1962 to on or about 9 January 1963. The resultant sentence included a reduction to private/E-1, confinement at hard labor for six months, and a forfeiture of $55.00 per month for six months.
On 22 May 1963, a general court-martial (GCM) convicted the applicant of one charge and specification of violating Article 116 and one charge and specification of violating Article 108 of the Uniform Code of Military Justice (UCMJ). The first charge included his participating in a riot, refusing to obey the lawful order a superior officer, and by destroying government property. The second charge was willfully and wrongfully damaging a building that was government property. The resulting sentence included a dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for eighteen months.
On 19 July 1963, the Board of Review, United States Army reviewed the applicant’s case, and it held that the findings of guilty and the sentence as approved by the convening authority were correct in law and fact. It further determined, based on the entire record, that the findings of guilty and only so much of the sentence that provides for a BCD, total forfeiture, and confinement at hard labor for fifteen months should be approved, and it finally affirmed the guilty findings and the sentence as modified.
On 28 September 1963, the applicant was discharged. The separation document (DD Form 214) issued to him at the time shows that he received a BCD pursuant to a GCM conviction. It also confirms that at the time of his discharge, he had completed a total of 1 year, 5 months, and 7 days of creditable active military service, and he had accrued 302 days of time lost due to AWOL and confinement. On 1 January 1964, he was released from confinement on parole.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11, in effect at the time, established the policy for the separation of members with a dishonorable or bad conduct discharge pursuant to an approved sentence of a general or special court-martial. It stated that discharge would be accomplished only after the completion of the appellate process, and affirmation of the court-martial findings and sentence.
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 and his post service conduct. However, given the seriousness of the offenses for which he was convicted, the Board finds that these factors are not sufficiently meritorious or mitigating 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
__sac___ ___ra ___ ___pm___ DENY APPLICATION
| CASE ID | AR2002080446 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/04/03 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 1963/09/28 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | Court-Martial |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 30 | 105.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2014 | 20140007173
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. The convening authority approved the sentence and the U.S. Army Court of Criminal Appeals affirmed the findings and sentence on 13 December 1962. His conviction and discharge were effected in accordance with applicable laws and regulations...
ARMY | BCMR | CY2003 | 2003084737C070212
The convening authority approved the sentence on 28 August; but the execution thereof was suspended until he was released from confinement. This regulation provides that a soldier will be given a dishonorable discharge pursuant only to an approved sentence of a general court-martial empowered to impose a dishonorable discharge. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and...
ARMY | BCMR | CY2015 | 20150002248
On 29 May 1963, the Board of Review, U.S. Army, affirmed the findings of guilty and approved only so much of the sentence as provided for a BCD, total forfeitures, confinement at hard labor for 6 months, and reduction to PV1/E-1. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was discharged under the provisions of Army Regulation 635-204 (Personnel Separations - Dishonorable and Bad-Conduct Discharges), paragraph 1b, with an under other than...
ARMY | BCMR | CY2011 | 20110000449
IN THE CASE OF: BOARD DATE: 13 September 2011 DOCKET NUMBER: AR20110000449 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Counsel states that after careful review of the applicant's request and the evidentiary evidence, the issues raised on his DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) amply advance his contentions and substantially reflect the probative facts needed for equitable review. On 28 February 1966, the...
ARMY | BCMR | CY2009 | 20090000027
Application for correction of military records (with supporting documents provided, if any). The applicant's military personnel records contain a DD Form 214, which shows he was discharged on 10 July 1963 with a BCD as a result of court-martial. He completed a total of 1 year, 4 months, and 26 days of military service.
ARMY | BCMR | CY2014 | 20140003858
IN THE CASE OF: BOARD DATE: 20 November 2014 DOCKET NUMBER: AR20140003858 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his bad conduct discharge (BCD) be upgraded to an honorable discharge. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2015 | 20150002904
His records contain his DA Form 24 (Service Record). He was given a dishonorable discharge pursuant to a general court-martial empowered to adjudge such a discharge. His conviction and discharge were effected in accordance with applicable laws and regulations and his discharge appropriately characterizes the misconduct for which he was convicted.
ARMY | BCMR | CY2008 | 20080018215
The applicant requests, in effect, that his bad conduct discharge be upgraded. Army Regulation 635-204 (Personnel Separations Dishonorable and Bad-Conduct Discharge), in effect at the time, set forth the basic authority for the separation of enlisted personnel with dishonorable and bad conduct discharges. Evidence shows that although the applicant enlisted for a 3 year period, he only served 50 days of military service.
ARMY | BCMR | CY2011 | 20110005861
The applicant requests, in effect, upgrade of his bad conduct discharge (BCD) to a general discharge. He was sentenced to be discharged from the service with a BCD, forfeiture of all pay and allowances, and confinement at hard labor for 1 year. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2010 | 20100018573
The applicant requests his bad conduct discharge (BCD) be upgraded to a general discharge (GD) under honorable conditions. 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. The applicant's military record shows he enlisted in the Regular Army on 13 November 1961.