RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 July 2004
DOCKET NUMBER: AR2004100292
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Ms. Lana McGlynn | |Chairperson |
| |Ms. Linda Simmons | |Member |
| |Mr. John Meixell | |Member |
The applicant and counsel if any, did not appear before the Board.
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, in effect, that clemency in the form of a
general discharge be granted.
2. The applicant provides no explanation.
3. The applicant provides no evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted on 26 June 1997 for a period of 4 years. He
trained as an infantryman.
2. On 6 April 1998, the applicant received a written reprimand for drunk
driving.
3. On 26 March 1999, the applicant received a written reprimand for drunk
driving and reckless driving. This reprimand also indicates that this was
the applicant's third offense of driving while intoxicated.
4. On 11 September 2000, in accordance with his pleas, the applicant was
convicted by a general court-martial of two specifications of distributing
marijuana (9.4 grams and 14 grams), using marijuana, and making a false
official statement. He was sentenced to be reprimanded, to be confined for
7 months, to forfeit $200 pay per month for 7 months, and to be discharged
from the service with a bad conduct discharge. On 6 December 2000, the
convening authority approved only so much of the sentence that provided for
confinement for
7 months, forfeiture of $200 pay per month for 7 months, and a bad conduct
discharge. Effective 6 December 2000, the forfeiture of all pay and
allowances was waived until 6 June 2001 and ordered paid to the applicant's
son.
5. The decision of the United States Army Court of Military Review is not
available. The bad conduct discharge was ordered executed on 27 June 2002.
6. Accordingly, the applicant was discharged on 27 September 2002 under
the provisions of Army Regulation 635-200, chapter 3, as a result of a
court-martial with a Bad Conduct Discharge. He had served 4 years, 9
months and 7 days of total active service with 175 days lost due to
confinement. The applicant was separated from the service on temporary
records and a Soldier's affidavit.
7. Army Regulation 635-200 sets forth the basic authority for separation
of enlisted personnel. Chapter 3 of this regulation states that a soldier
will be given a bad conduct discharge pursuant only to an approved sentence
of a general or
special court-martial. The appellate review must be completed and the
affirmed sentence ordered duly executed.
8. Section 1552(f), Title 10, United States Code states that the ABCMR can
only review records of court-martial and related administrative records to
correct a record to accurately reflect action taken by reviewing
authorities under the Uniform Code of Military Justice (UCMJ) or to take
clemency action.
9. Army Regulation 635-200, paragraph 3-7, provides that a general
discharge is a separation from the Army under honorable conditions. When
authorized, it is issued to a soldier whose military record is satisfactory
but not sufficiently
meritorious to warrant an honorable discharge. A characterization of under
honorable conditions may be issued only when the reason for the soldier’s
separation specifically allows such characterization.
DISCUSSION AND CONCLUSIONS:
The applicant's record of service included three offenses of driving while
intoxicated and one general court-martial conviction for marijuana related
offenses. As a result, his record of service was not satisfactory.
Therefore, clemency in the form of a general discharge is not warranted in
this case.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
LM_____ LS______ JM______ 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.
__Lana McGlynn_________
CHAIRPERSON
INDEX
|CASE ID |AR2004100292 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040701 |
|TYPE OF DISCHARGE |BCD |
|DATE OF DISCHARGE |20020927 |
|DISCHARGE AUTHORITY |AR 635-200 Chapter 3 |
|DISCHARGE REASON |As a result of a court-martial |
|BOARD DECISION |NC |
|REVIEW AUTHORITY | |
|ISSUES 1. |144.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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