RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 September 2006
DOCKET NUMBER: AR20060001609
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 |
| |Mr. Dean L. Turnbull | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda D. Simmons | |Chairperson |
| |Mr. Paul M. Smith | |Member |
| |Ms. Alice Muellerweiss | |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, in effect, that his discharge be upgraded to a
general discharge under honorable conditions.
2. The applicant states, in effect, that the use of drugs caused his
problems in the service, but he has turned his life around since then. He
has now been clean and sober for over 11 years.
3. The applicant provides several letters of recommendation from social
workers, his state parole officer, and church elders. Each letter of
recommendation provides a synopsis of the applicant's achievements and
conduct during his post service rehabilitation.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he enlisted on 23 May 1969.
The applicant completed basic combat training. However, he never completed
advanced individual training.
2. On 15 January 1971, the applicant pled and was found guilty of four
specifications of being absent without leave (AWOL) of durations of almost
6 months, 4 days, 2 months, and 4 months. The sentenced imposed consisted
of a Dishonorable Discharge.
3. On 26 May 1971, the United States Army Court of Military Review
affirmed the court-martial's finding of guilty, but only affirmed a
sentence of a Bad Conduct Discharge (BCD).
4. On 19 July 1971, the sentence, as modified, was executed.
5. On 16 March 1972, the applicant was discharged as a result of general
court-martial with a BCD. He had completed 5 months and 16 days of active
service and he had 158 days of time lost.
6. Army Regulation 635-200, in effect at the time, set forth the basic
authority for the separation of enlisted personnel. Chapter 11,
established policy and procedures for separating members with a
dishonorable or bad conduct discharge, and provided that a Soldier will be
given a bad conduct discharge pursuant only to an approved sentence of a
general or special court-martial, and that the appellate review must be
completed and the affirmed sentence ordered duly executed.
7. Army Regulation 635-200 (Personnel Separations), paragraph 3-7,
provides that an honorable discharge is a separation with honor and
entitles the recipient to benefits provided by law. The honorable
characterization is appropriate when the quality of the member's service
generally has met the standards of acceptable conduct and performance of
duty for Army personnel (emphasis added), or is otherwise so meritorious
that any other characterization would be clearly inappropriate. Whenever
there is doubt, it is to be resolved in favor of the individual.
8. 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:
1. The applicant requests that his discharge be upgraded to a general
discharge under honorable conditions.
2. The evidence shows that the applicant’s trial by court-martial was
warranted by the offenses for which he was charged. Conviction and
discharge were effected in accordance with applicable law and regulations,
and the discharge appropriately characterizes the offenses for which he was
convicted.
3. The letters of recommendation concerning his post service
rehabilitation, achievements and conduct are noted. However, his post
service achievements are not sufficient for upgrading a properly issued
discharge. Therefore, there is insufficient basis to upgrade the
applicant's discharge to honorable or to general under honorable
conditions.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____lds__ ___am___ ___pms_ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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.
_________Linda D. Simmons________
CHAIRPERSON
INDEX
|CASE ID |AR20060001609 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060928 |
|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. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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