| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Ms. Shirley L. Powell | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Thomas A. Pagan | Member |
APPLICANT REQUESTS: That his records be corrected to show he separated on 14 June 1992. He also requests a copy of his DD Form 214 (Certificate of Discharge or Release from Active Duty).
APPLICANT STATES: That his expiration term of service (ETS) was 14 June 1992. The computer shows his ETS as 1994. He has been out of the service since 1992 trying to upgrade his bad conduct discharge to honorable. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 15 November 1984. He had continuous active duty and last reenlisted on 14 June 1990 for 2 years, making his ETS 13 June 1992.
On 9 April 1992, the applicant was convicted by a general court-martial of drunk driving, violating a regulation by possessing and transporting a sawed-off shotgun on post, and assault. He was sentenced to confinement for 4 months, to forfeit $350.00 pay per month for 4 months, to be reduced to pay grade E-1, and to be discharged with a bad conduct discharge. He was placed in confinement on this date.
On 18 July 1992, the applicant was released from confinement. Effective 22 July 1992, he was placed on excess leave pending appellate review.
Headquarters, U. S. Army Armor Center and Fort Knox General Court-Martial Order Number 127 dated 4 May 1994 shows that the applicant's sentence was affirmed and his bad conduct discharge would be executed.
On 16 June 1994, the applicant was discharged with a bad conduct discharge pursuant to his sentence by court-martial. His DD Form 214 shows he was separated on 16 June 1994.
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. 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.
2. The Board is cognizant of the fact the applicant's normal ETS was 13 (not 14) June 1992; however, he was held in the service beyond his normal ETS. He was first held due to his confinement as the result of conviction and sentence by court-martial. He was next held, although on excess leave, pending the completion of his appellate review.
3. The applicant's appellate review was completed and his sentence affirmed around May 1994. His bad conduct discharge was directed to be executed and he was discharged pursuant to his sentence by court-martial on 16 June 1994. His DD Form 214 correctly shows he was discharged on 16 June 1994.
4. A copy of the applicant's DD Form 214 will be provided to him.
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
__slp___ __wtm___ __tap___ DENY APPLICATION
| CASE ID | AR2003089852 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030909 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 100.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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