| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Ted S. Kanamine | Chairperson | ||
| Mr. William D. Powers | Member | ||
| Mr. Frank C. Jones | Member |
APPLICANT REQUESTS: That his bad conduct discharge (BCD) be upgraded to a general discharge.
APPLICANT STATES: That he was in a war zone and the trauma he suffered resulted in his using drugs to forget what was happening around him and to calm him down. He states that he has since turned his life around and would like his discharge upgraded. In support of his application, he submits a letter from the Administrative Assistant of the Windsor Village United Methodist Church dated 8 March 2002, indicating that he and his wife have been members of the church for several years. He also submits a letter dated 17 December 2001, from his current employer indicating he has been employed with the company for 15 years and that he is an outstanding employee.
EVIDENCE OF RECORD: The applicant's military records show:
On 7 January 1971, he enlisted in the Army in San Antonio, Texas, for 3 years, in the pay grade of E-1. He successfully completed his training as a switchboard operator.
He was promoted to the pay grade of E-2 on 31 March 1971. On 12 May 1971, he was transferred to Vietnam. He was promoted to the pay grade of E-3 on 8 June 1971 and to pay grade E-4 on 10 October 1971.
On 6 December 1971, nonjudicial punishment was imposed against the applicant for two incidents of failure to report to his prescribed place of duty. His punishment consisted of a forfeiture of pay.
On 10 March 1972, the applicant was convicted, pursuant to his plea, by a general court-martial of wrongfully having in his possession 5.40 grams, more or less, of heroin. He was sentenced to a BCD, confinement at hard labor for 10 months, a reduction to the pay grade of E-1 and a forfeiture of all pay and allowances.
On 9 May 1972, the convening authority approved only so much of the sentence as provided for a BCD, confinement hard labor for 9 months, a reduction to the pay grade of E-1 and a forfeiture of pay in the amount of $192.00 per month for 6 months.
The United States Army Court of Military Review affirmed the findings and sentence as amended by the convening authority on 3 August 1972. On 14 September 1972, the United States Court of Military Appeals denied the
Petition for Review of the applicant’s case. Accordingly, on 16 October 1972, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11 as a result of a general court-martial conviction. He had completed 1 year and 26 days of total active service and he had approximately 257 days of lost time due to confinement. He was issued a Bad Conduct Discharge.
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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.
2. Trial by court-martial was warranted by the gravity of the offenses charged. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
3. The Board has noted the applicant’s contentions. However, there is no evidence of record that supports his contention that he was suffering from any trauma sufficient enough to warrant the use of illegal drugs.
4. In regard to the letters of character that he submitted in support of his application; the Board commends the applicant on his post-service conduct. However, his post-service conduct is not sufficiently mitigating to warrant the relief requested.
5. 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.
6. 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
___tsk __ __wdp___ ___fcj ___ DENY APPLICATION
| CASE ID | AR2003086700 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/08/12 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 19721016 |
| DISCHARGE AUTHORITY | AR 635-200, CH 11 |
| DISCHARGE REASON | 675 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 678 | 144.6803/GCM CONVICTION/DRUGS |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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