Mr. Carl W. S. Chun | Director | |
Mr. G. E. Vandenberg | Analyst |
Mr. Samuel A. Crumpler | Chairperson | |
Ms. Shirley L. Powell | Member | |
Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his discharge be upgraded.
APPLICANT STATES: In effect, he never paid attention to the type of discharge that he received. He states that he is with a federal police department and has always been a law-abiding citizen.
EVIDENCE OF RECORD: The applicant's military records show that:
The applicant entered active duty on 3 January 1979. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11B (Light Weapons Infantryman).
The Manual for Courts-Martial, Table of Maximum Punishments, sets forth the maximum punishments for offenses chargeable under the UCMJ. A punitive discharge is authorized for offenses under Article 86, for periods of AWOL in excess of 30 days.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request for an upgrade on his discharge.
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.
CASE ID | AR2002080918 |
SUFFIX | |
RECON | |
DATE BOARDED | 20030610 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | Upgrade |
2. | |
3. | |
4. | |
5. | |
6. |
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