RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 April 2007
DOCKET NUMBER: AR20060015655
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Mr. William F. Crain
Member
Mr. Dale E. DeBruler
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 bad conduct discharge (BCD) be upgraded.
2. The applicant states that he was having emotional trouble when he was young and in the United States Army. He further states that now he is an adult and a respectable member of society, and has been under medical care.
3. The applicant provides no additional documentation in support of his request.
CONSIDERATION OF EVIDENCE:
1. On 15 February 1980, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 76W1O (Petroleum Supply Specialist).
2. On 21 March 1980, the applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for wrongful possession of marijuana. The punishment included a forfeiture of $104.00 pay, and 10 days of restriction and extra duty.
3. On 20 May 1980, the applicant was convicted by a summary court-martial of breaking restriction, being drunk and disorderly while in uniform, and being absent without leave from 3 to 23 April 1980. His sentence consisted of confinement at hard labor for 30 days and a forfeiture of $299.00 pay for
1 month. He served 20 days in confinement.
4. On 4 June 1980, the applicant received NJP for failure to go to his appointed place of duty. The punishment included a forfeiture of $60.00 pay and 5 days of extra duty.
5. On 21 August 1980, the applicant received NJP for indecent exposure and being belligerent to the military police. The punishment included a forfeiture of $224.00 pay per month for 2 months and 30 days extra duty and restriction.
6. On 13 November 1980, the applicant received NJP for being disorderly, willfully disobeying a lawful order from a superior noncommissioned officer, and being disrespectful in language towards a superior noncommissioned officer. The punishment included a forfeiture of $116.00 pay and confinement for 7 days.
7. On 4 February 1981, the applicant was convicted by special court-martial of assaulting a noncommissioned officer by striking him on the head with a rock, wrongful communication of a threat to the same noncommissioned officer, and wrongful urination on the floor and wall of a male latrine. His sentence consisted of confinement at hard labor for 95 days, a forfeiture of $334.00 pay per month for 3 months and a bad conduct discharge. He served 78 days in confinement.
8. On 30 April 1981, the Army Court of Military Review affirmed the findings of guilty and the sentence. Special Court-Martial Order Number 152, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, dated 1 December 1981, provided that the provisions of Article 71(c) had been complied with, and that portion of the sentence pertaining to confinement had been served. It directed execution of the bad conduct discharge. On 11 December 1981, the Army separated the applicant with a bad conduct discharge.
9. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
DISCUSSION AND CONCLUSIONS:
1. Trial by court-martial was warranted by the gravity of the offenses charged. Conviction and discharge were effected in accordance with applicable law and regulations, and the final discharge appropriately characterizes the misconduct for which the applicant was convicted.
2. Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel. This misconduct rendered his service unsatisfactory. Therefore, he is not entitled to an honorable discharge.
3. 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.
4. In view of the above, the applicant's request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___DED _ __WDP _ __WFC__ 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.
__ William D. Powers__
CHAIRPERSON
INDEX
CASE ID
AR20060015655
SUFFIX
RECON
DATE BOARDED
20070426
TYPE OF DISCHARGE
BCD
DATE OF DISCHARGE
19811211
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
110.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2002 | 2002080134C070215
The record contains no evidence that he was ever punished for this offense. On 28 January 1987, the Army Discharge Review Board denied the applicant’s request for clemency The available records contains no medical evidence and the applicant has provided no evidence that demonstrates he suffers from an illness or an injury that was either incurred in, or aggravated as a result of his military service.
ARMY | BCMR | CY2002 | 2002076664C070215
Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. The applicant’s contentions regarding his discharge have been noted by the Board. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | DRB | CY2005 | 20050000823C070206
The applicant requests upgrade of his bad conduct discharge to an honorable discharge. On 21 April 1981, the military judge sentenced the applicant to reduction to pay grade E-1, forfeiture of $250.00 per month for four months, confinement at hard labor for 75 days, and to be discharged from the service with a bad conduct discharge. Therefore, there is no basis to grant clemency in the form of an honorable discharge.
ARMY | BCMR | CY2005 | 20050000823C070206
The applicant requests upgrade of his bad conduct discharge to an honorable discharge. On 21 April 1981, the military judge sentenced the applicant to reduction to pay grade E-1, forfeiture of $250.00 per month for four months, confinement at hard labor for 75 days, and to be discharged from the service with a bad conduct discharge. Therefore, there is no basis to grant clemency in the form of an honorable discharge.
ARMY | BCMR | CY2005 | 20050000823C070206
The applicant requests upgrade of his bad conduct discharge to an honorable discharge. On 21 April 1981, the military judge sentenced the applicant to reduction to pay grade E-1, forfeiture of $250.00 per month for four months, confinement at hard labor for 75 days, and to be discharged from the service with a bad conduct discharge. Therefore, there is no basis to grant clemency in the form of an honorable discharge.
ARMY | BCMR | CY2005 | AR20050012649C070206
Randolph Fleming | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. ______William Powers________ CHAIRPERSON INDEX |CASE ID |AR20050012649 | |SUFFIX | | |RECON | | |DATE BOARDED |20060502 | |TYPE OF DISCHARGE |(BCD) | |DATE...
ARMY | BCMR | CY2001 | 2001060704C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 15 April 1983, the applicant was discharged with a BCD pursuant to his sentence by general court-martial. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
ARMY | BCMR | CY2001 | 2001060057C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 14 November 1986, the U. S. Army Court of Military Review affirmed the findings of guilty and the sentence. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
ARMY | BCMR | CY2002 | 2002072184C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 17 November 1981, his commander notified him that he was considering whether he should impose NJP against the applicant for being disrespectful towards a noncommissioned officer. In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction.
ARMY | BCMR | CY2012 | 20120017494
He states he had a previous honorable discharge from active duty for training as a member of the U.S. Army Reserve (USAR). Chapter 11 provides that a member will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial after completion of appellate review and after such affirmed sentence has been ordered duly executed. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records...