RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 NOVEMBER 2004
DOCKET NUMBER: AR2004102744
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. James Hise | |Chairperson |
| |Mr. Lester Echols | |Member |
| |Mr. Hubert Fry | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his discharge be upgraded.
2. The applicant makes no statement beyond asking “to have [his] discharge
changed….”
3. The applicant provides no evidence in support of his request.
4. His Department of Defense Form 293 (Application for the Review of
Discharge or Dismissal from the Armed Forces of the United States) was
accepted in lieu of a Department of Defense Form 149 (Application for
Correction of Military Record Under the Provisions of Title 10, U.S. Code,
Section 1552).
CONSIDERATION OF EVIDENCE:
1. Records available to the Board indicate that the applicant entered
active duty for a period of 3 years on 27 July 1998. His enlistment
contract indicates that he enlisted to be trained as an infantryman.
2. His Official Military Personnel File contains no other documents
associated with his military service beyond his enlistment documents and a
copy of a
26 September 2002 general court-martial order.
3. The court-martial order indicates that the “sentence to forfeiture of
all pay and allowances, confinement for 15 months and a Bad-Conduct
Discharge, adjudged on 31 January 2001, as promulgated in General Court-
Martial Order Number 6, Headquarters, United States Army Alaska, Fort
Richardson, Alaska 99505, dated 28 June 2001, has been finally affirmed.”
The order noted that the sentence to confinement was accomplished and the
bad conduct discharge would be executed.
4. The applicant’s file did not contain a copy of his discharge document,
but the applicant indicated in his application that he had been discharged
on
22 December 2002.
5. Army Regulation 635-200 states that an honorable discharge is a
separation with honor. The honorable characterization is appropriate when
the quality of the soldier’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel, or is
otherwise so meritorious that any other characterization would be clearly
inappropriate. It also notes that a general discharge, when authorized,
may be issued to a soldier whose military record is satisfactory but not
sufficiently meritorious to warrant an honorable discharge.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it is presumed that the
applicant’s bad conduct discharge was appropriate, and executed in
accordance with appropriate laws and regulations.
2. The applicant has provided no evidence or argument, which would warrant
upgrading his discharge as a matter of equity in this case.
3. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JH____ __LE ___ ___HF __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
______James Hise__________
CHAIRPERSON
INDEX
|CASE ID |AR2004102744 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20041118 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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