RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 MAY 2004
DOCKET NUMBER: AR2004100316
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. Gale J. Thomas | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Mr. Fred Eichorn | |Member |
| |Mr. Robert Osborn | |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 that his records be corrected by upgrading his
discharge.
2. The applicant states, in effect, that he would like his bad conduct
discharge upgraded to general, under honorable conditions.
3. The applicant provides no evidence in support of his request.
4. The applicant’s DD Form 293 (Application for the Review of Discharge or
Dismissal from the Armed Forces of the United States) was accepted in the
lieu of a DD Form 149 (Application for Correction of Military Record).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 19 November 1999, for a
period of 4 years.
2. On 17 January 2002, the applicant was convicted pursuant to his pleas
by a general court-martial of making a false statement to the Fort Hood
CID, stealing a wallet and checkbook from another soldier, stealing a
checkbook and cashbox from the 418th Transportation Company, six
specifications of writing checks from the stolen checkbooks totaling
$2515.00, and the unlawful entry into a soldier’s barracks room with the
intent to commit larceny. He was sentenced to reduction to Private E-1,
forfeiture of all pay and allowances, confinement for 24 months, and a bad
conduct discharge.
3. The facts and circumstances pertaining to the applicant's discharge are
not in the applicant’s available records.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it is presumed that the
discharge proceedings were conducted in accordance with law and regulations
applicable at the time. The character of the discharge is commensurate with
his overall record of military service.
2. In view of the applicant's numerous acts of indiscipline, it does not
appear that his bad conduct discharge was too severe.
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 RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JS ___ __FE ___ __RO ___ 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.
_____John Slone________
CHAIRPERSON
INDEX
|CASE ID |AR2004100316 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040520 |
|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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