| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Ms. Margaret V. Thompson | Member | ||
| Mr. Eric N. Anderson | Member |
APPLICANT REQUESTS: In effect, that his bad conduct discharge (BCD) be upgraded to a general, under honorable conditions discharge (GD).
EVIDENCE OF RECORD: The applicant's military records show:
On 17 January 1979, the applicant entered into the Regular Army for 4 years. He was trained and served in military occupational specialty (MOS) 19K
(Tank Crewman), and the highest rank he attained during his active duty tenure was specialist five (SP5).
The applicant’s record reveals no acts of valor, significant achievement, or service warranting special recognition. However it does contain a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) on 8 July 1980, for being absent without leave (AWOL).
On 16 December 1982, the applicant was convicted by a GCM of four specifications of violating Article 134 of the Uniform Code of Military Justice (UCMJ). The offenses for which he was convicted included two specifications of wrongly possessing marijuana and two specifications of wrongly selling marijuana. The resultant sentence included a BCD, confinement at hard labor for two years, forfeiture of all pay and allowances, reduction to the grade of
private E-1 (PV1).
On 24 February 1983, in GCM Order Number 3, issued by Headquarters,
2nd Armor Division, Fort Hood, Texas, the convening authority approved only so much of the sentence that provided for a BCD, confinement for 18 months, forfeiture of all pay and allowances, and reduction to the grade of PV1. All but the BCD portion of the sentence was ordered executed.
On 11 August 1983, the United States Army Court of Military Review examined the record of trial and found it to be legally sufficient to support the findings of guilty and the sentence, and it affirmed the conviction.
On 7 November 1983, in GCM Order Number 741, issued by the United States Disciplinary Barracks, US Combined Arms Center and Fort Leavenworth, Fort Leavenworth, Kansas, ordered the BCD portion of the applicant’s sentence to be executed.
On 23 November 1983, the applicant was discharged accordingly. The separation document issued to him on the date of his discharge confirms that at that time he had completed a total of 3 years, 10 months, and 29 days of creditable active military service, and he had accrued 344 days of time lost due to AWOL and confinement.
Title 10 of the United States Code, section 1552 as amended does not permit any redress by the Army Board of Correction of Military Records (ABCMR) of the finality of a court-martial conviction and empowers the ABCMR 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. 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.
2. The evidence of record confirms that the applicant’s conviction and discharge were effected in accordance with applicable law and regulations in effect at the time, and that his trial by court-martial was warranted by the gravity of the offenses with which he was charged.
3. The Board finds that the type of discharge appropriately characterizes the misconduct for which he was convicted and accurately reflects his overall record of service. Therefore, it finds there is an insufficient basis to grant clemency in this case.
4. 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.
5. 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
__MVT__ ___FE__ ___ENA __ DENY APPLICATION
| CASE ID | AR2003086396 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | |
| TYPE OF DISCHARGE | ( BCD) |
| DATE OF DISCHARGE | 19831123 |
| DISCHARGE AUTHORITY | AR635-200 . . . . . |
| DISCHARGE REASON | As a result of CM |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 30 | 105.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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