| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Ms. Deborah S. Jacobs | Member | |
| Mr. Jose A. Martinez | Member |
APPLICANT REQUESTS: That his Bad Conduct Discharge (BCD) be upgraded to fully honorable.
APPLICANT STATES: He is seeking employment and Department of Veterans Affairs benefits, which require an honorable discharge.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army National Guard (ARNG) on 6 December 1978. On 5 March 1980 the applicant entered active duty as a result of his being involuntarily ordered to active duty due to his failure to attend unit training with his ARNG unit.
On 18 September 1980, the applicant was charged with violation of Article 130, Uniformed Code of Military Justice (UCMJ), in that he wrongfully and unlawfully entered property of the United States. It had been reported that the applicant broke the glass door of the Post Exchange (PX), and entered the PX through the broken door with the intent to commit larceny. When the applicant later sought treatment for a cut on his leg, he was questioned by the Military Police and reported that he had witnessed another man break into the PX, and the man who had committed the crime slashed his leg with a piece of broken glass. The Criminal Investigation Division (CID) then did a laboratory analysis of the footprints left at the crime scene and found that they matched the applicant’s tennis shoes.
The applicant was also charged with stealing one six-pack of beer, one package of batteries, one cigarette lighter, one camera, and one jar of dried beef.
The applicant was then tried by a Special Court-Martial, where he pled and was found guilty of both specifications. The military judge sentenced the applicant to confinement at hard labor for 45 days, a reduction from pay grade E-2 to E-1, and a BCD. The convening authority approved the sentence, but suspended the execution of the BCD for 9 months, at which time it would be remitted if not sooner vacated.
Subsequently, Article 72, UCMJ, proceedings were initiated to determine whether the suspension of the applicant’s sentence to a BCD should be vacated. The applicant was accused of breaching the peace on 8 February 1981; of disobeying a lawful order on 9 February 1981; and of breaking restriction on 10 February 1981. The applicant voluntarily admitted to have committed all of those offenses. As such, the suspension of the applicant’s sentence to a BCD was vacated and he was issued a Bad Conduct Discharge Certificate on 29 May 1981.
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 applicant has not contended that there was any error in the process of his court-martial. Nonetheless, the Board reviewed the applicant’s court-martial and discharge to ascertain whether any error was made during the proceedings. No error was found.
2. The only matter of equity raised by the applicant is his inability to find employment or obtain veterans benefits with his BCD. While it is regrettable that the applicant is having difficulty in these areas, neither problem has any bearing on the appropriateness of his discharge.
3. 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
____dsj __ ___jam__ ___mhm DENY APPLICATION
| CASE ID | AR2002081630 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030520 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 105.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2012 | 20120011226
IN THE CASE OF: BOARD DATE: 4 January 2013 DOCKET NUMBER: AR20120011226 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. 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...
ARMY | BCMR | CY2012 | 20120001007
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his discharge under other than honorable conditions be upgraded to a general or honorable discharge. On 9 September 1980, the appropriate authority (a lieutenant general) approved his request for discharge and directed that he be discharged under other than honorable conditions.
ARMY | BCMR | CY2004 | 20040011197C070208
Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. At 2030 hours, 22 March 1980, he jumped out a second story window while in an intoxicated state. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the...
ARMY | BCMR | CY2011 | 20110009459
A DA Form 3975 (Military Police Report) shows the Hanau Military Police (MP) Station received a complaint of destruction of private property against the applicant. A DA Form 3975 shows, on 30 August 1980, German Police notified the Hanau MP Station that the applicant struck his wife in the face and left leg with an umbrella and his fist. A message, dated 8 July 1981, shows the U.S. Army Military Personnel Center (MILPERCEN) directed the applicant's discharge under the provisions of Army...
ARMY | BCMR | CY2013 | 20130002216
IN THE CASE OF: BOARD DATE: 15 October 2013 DOCKET NUMBER: AR20130002216 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests an upgrade of his bad conduct discharge (BCD) to an honorable discharge. The applicant completed about 14 months of active duty before he was tried and convicted at a general court-martial.
ARMY | BCMR | CY1996 | 9605588C070209
APPLICANT REQUESTS: That his dishonorable discharge be upgraded. He was found guilty of both charges and sentenced to a dishonorable discharge, 3 years confinement at hard labor and a total forfeiture of pay and allowances. The Board notes his contention of good post-service conduct; however, his record as compiled by the FBI indicates arrests since his separation from military service.
ARMY | BCMR | CY2014 | 20140017587
IN THE CASE OF: BOARD DATE: 11 June 2015 DOCKET NUMBER: AR20140017587 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted...
ARMY | BCMR | CY2010 | 20100019023
The applicant requests his discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge. On 3 August 1981, the applicant's company commander requested that the applicant be discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 14-33, for misconduct due to frequent incidents of a discreditable nature. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the...
ARMY | BCMR | CY2001 | 2001059710C070421
APPLICANT STATES : In effect, that while serving in Germany, he was informed that he was being transferred to Fort Dix, New Jersey, for the purpose of being tried in a civilian court for a crime that occurred prior to his entry on active duty. He also indicated that he intended to appeal his civil conviction, that he did not consult with counsel and that he desired his case to be considered by a board of officers. The applicant’s contention that his rights were violated are not supported...
ARMY | BCMR | CY2008 | 20080007647
The applicant's military records show he enlisted in the Regular Army, in pay grade E-1, on 29 October 1976, for 4 years. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterized the misconduct for which the applicant was convicted. The applicant's available military records and documentation submitted with his application contain no matters upon which the Board may grant clemency and an upgrade of his BCD to an...