RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 March 2007
DOCKET NUMBER: AR20060010807
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.
X
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 bad conduct discharge (BCD) be changed to either an entry level or uncharacterized discharge.
2. The applicant states that sufficient time has elapsed since his discharge and he now has a degree that is of use to the Service and he desires to enlist again.
3. The applicant provides a copy of his diploma for a Bachelor of Applied Science Degree.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 23 October 1970 and enlisted in St. Louis, Missouri on 12 September 1990 for a period of 4 years and training as a fixed communications security equipment repairer.
2. He completed his basic combat training at Fort Jackson, South Carolina and his advanced individual training (AIT) at Fort Gordon, Georgia. He was advanced to the pay grade of E-2 on 12 March 1991 and on 28 April 1991, he was transferred to Fort Wainwright, Alaska.
3. On 4 February 1992, nonjudicial punishment was imposed against the applicant for three specifications of failure to go to his place of duty and disobeying a lawful order. His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, and extra duty and restriction.
4. On 14 April 1992, he was convicted, pursuant to his pleas, by a General Court-Martial of communicating a threat, carrying a concealed weapon, and disobeying a lawful order. He was sentenced to a forfeiture of all pay and allowances, confinement for 6 months, and a BCD.
5. On 29 September 1992, the United States Court of Military Review affirmed the findings and sentence in the case. The record does not reflect any subsequent review by the United States Court of Military Appeals.
6. On 12 April 1993, orders were published at Fort Knox, Kentucky which indicate that the findings and sentence of the applicants general court-martial had been affirmed, and directed that his BCD be executed.
7. On 3 May 1993, the applicant was discharged pursuant to a duly reviewed and affirmed court-martial order, and was issued a DD Form 259A (Bad Conduct Discharge Certificate). His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows, in pertinent part, that the narrative reason for his discharge was as the result of a court-martial. He had served 2 years,
2 months, and 11 days of total active service and had 164 days of lost time due to confinement.
8. Title 10, United States Code, section 1552, as amended does not permit any redress by this Board which would disturb the finality of a court-martial conviction. The Board is empowered to address the punishment and/or the characterization of service resulting from a court-martial conviction. The Board may elect to change the punishment and/or the characterization of service if clemency is determined to be appropriate. Clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed.
DISCUSSION AND CONCLUSIONS:
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 applicants trial by general court-martial was warranted by the gravity of the serious offenses with which he was charged. His conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterized the misconduct for which the applicant was convicted.
3. The applicant's entire record of service, as well as his post-service accomplishments was considered; however, his overall record of undistinguished service as well as his trial and conviction by general court-martial and subsequent BCD, show the applicant did not meet the standards of acceptable conduct and performance of duty for Army personnel. There is no record or documentary evidence of acts of valor, achievement, or service that would warrant special recognition.
4. After a thorough review of the available records, the Board found no cause for clemency and an insufficient basis upon which to base an upgrade of the applicants bad conduct discharge or to change the characterization and authority to a more favorable reason. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X__ __X __ __X___ 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.
____X_______
CHAIRPERSON
INDEX
CASE ID
AR20060010807
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070306
TYPE OF DISCHARGE
(BCD)
DATE OF DISCHARGE
1993/05/02
DISCHARGE AUTHORITY
GCM . . . . .
DISCHARGE REASON
GCM
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.144.6800
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