Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080012133
Original file (20080012133.txt) Auto-classification: Denied
 
		IN THE CASE OF:	  

		BOARD DATE:	       18 November 2008

		DOCKET NUMBER:  AR20080012133 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his reentry eligibility code of RE-4 be changed to RE-3.

2.  The applicant states, in effect, that given the nature of the offense committed, the disposition was unjust and extreme.  He relates that he made a mistake while in the Army but took responsibility like a noncommissioned officer (NCO) should. He has learned from the punishment he received.  He believes "As leaders we all make mistakes, Some worse than others but still mistakes, that doesnt (sic) mean we cant (sic) still be great soldiers…."  He believes that he has been rehabilitated and he can be a great Soldier if given a chance.  He has become a certified emergency medical technician (EMT) and has taken mine safety courses. 

3.  The applicant provides a letter of support from an Army recruiter and two  civilian certificates of training and/or qualification.  He also submits four statements that were apparently offered for the court-martial convening authority's consideration. 

CONSIDERATION OF EVIDENCE:

1.  The applicant, a staff sergeant with approximately 5 years and 10 months of active duty service, was convicted by a special court martial on 4 November 2004.


2.  The applicant pled guilty of violating Article 92 of the Uniform Code of Military Justice (UCMJ) by failing to obey a lawful general regulation by having sexual intercourse with a female private on 4 July 2004; by violating Article 107 of the UCMJ, on 2 August 2004, by making a false official statement denying that he spent time alone with the female private and that he had sex with her; and by violating Article 134 of the UCMJ by committing adultery by having sexual intercourse with a female private.

3.  The adjudged sentence, which included reduction to private (E-1), confinement for 3 months, and a bad conduct discharge, was approved by the convening authority and affirmed upon review. 

4.  The applicant was separated, on 7 July 2007, with a bad conduct discharge.  He was issued a separation program designator (SPD) code of JJD and an RE code of 4.

5.  Army Regulation 635-5-1 prescribes the specific authorities, reasons for separating Soldiers from active duty and the SPD codes to be entered on the 
DD Form 214.  A SPD code of “JDD” is assigned when a Soldier receives a sentence by a court-martial. 

6.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve.  It provides that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  An RE code of RE-4 applies to a person separated from the last period of service with a non-waivable disqualification.  

7.  The applicant's current supporter, an Army recruiter, reports that the applicant 
has been working with the Recruiting Station for two months.  He thinks the applicant's punishment was unjust, that the applicant “has made significant rehabilitation,” and that the discharge should be upgraded.

8.  The training certificate submitted by the applicant indicates that the:

   a.  State of Utah has authorized the applicant to act as an "Underground Fire Boss"; and 
   
   b.  State of Utah has certified the applicant as an Emergency Medical Technician.


9.  The statements that were prepared for the convening authority's consideration after the applicant was sentenced include signed documents from 
a first sergeant and a first lieutenant and unsigned statements from a first lieutenant and a staff sergeant.  All of them praised the applicant’s abilities as a Soldier and a leader and supported his retention in the Army. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not make a mistake, he committed three serious offenses.

2.  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 discharge appropriately characterizes the misconduct for which the applicant was convicted.

3.  In view of the circumstances in this case, the assigned RE code was and still is appropriate.

4.  The applicant's submissions and the input of his supporters have been carefully considered, but the outcome of this case was appropriate based on his misconduct.  

5.  There appears to be no basis for removal or waiver of the disqualification which established the basis for the RE code.

6.  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 the aforementioned requirement.

7.  In view of the foregoing, there appears to be 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
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080012133



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012133



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090007346

    Original file (20090007346.txt) Auto-classification: Denied

    Headquarters, United States Army Training Center and Fort Jackson, General General-Martial Order Number 13, dated 10 December 1998, shows that on 24 January 1998 the applicant was sentenced to be reduced to the grade of E-1, to forfeit all pay, and allowances; to be confined for 6 months, and to be discharged from the service with a bad conduct discharge. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable...

  • ARMY | BCMR | CY2001 | 2001065967C070421

    Original file (2001065967C070421.rtf) Auto-classification: Denied

    I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence:

  • ARMY | BCMR | CY2011 | AR20110019312

    Original file (AR20110019312.txt) Auto-classification: Denied

    Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "Although I take full responsibility for my actions and made a seriously error in judgment, I plead guilty to two misdemeanor charges during a special courts martial and was separated from the United States Army. The evidence of record indicates the applicant was adjudged guilty by a court-martial and that the sentence was approved by the convening authority. The applicant requests that the reason for his...

  • ARMY | BCMR | CY2006 | 20060004877C070205

    Original file (20060004877C070205.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 December 2006 DOCKET NUMBER: AR20060004877 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. Donald W. Steenfott | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, he made a mistake and would like to have his...

  • ARMY | BCMR | CY2009 | 20090004980

    Original file (20090004980.txt) Auto-classification: Denied

    On 21 April 2008, the company commander counseled the applicant concerning the Army's homosexual policy and separation under chapter 15, Army Regulation 635-200. The regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. The commander investigated the applicant's sworn statement and confirmed that the homosexual acts did occur.

  • ARMY | BCMR | CY1995 | 9508897C070209

    Original file (9508897C070209.TXT) Auto-classification: Approved

    She continued by stating that during her second and third date with the applicant they had sexual intercourse and she was not forced in any way. She was asked if she told the authorities if she had intercourse with both the applicant and the PFC. On 16 November 1955 the accuser and a male interpreter returned to the captain and told him that the applicant had forced her to have intercourse with him and during the act he had one of his friends take pictures.

  • ARMY | DRB | CY2005 | 20050010433

    Original file (20050010433.doc) Auto-classification: Denied

    The applicant requests, in effect, that his bad conduct discharge (BCD) be upgraded. On 29 April 1987, the United States Army Court of Military Review, after a review of the entire record in the applicant’s case, held that the findings of guilty and the sentence as approved by the convening authority were correct in law and fact. It also shows that at the time of his separation, he had completed a total of 12 years and 3 months of active military service.

  • ARMY | BCMR | CY2013 | 20130006434

    Original file (20130006434.txt) Auto-classification: Denied

    The applicant provides: * a copy of her DD Form 214 issued on 10 July and 19 September 2000 * Department of Veterans Affairs (VA) letter dated 25 July 2012 CONSIDERATION OF EVIDENCE: 1. He requested the applicant be issued a DD Form 215 (Correction to the DD Form 214) to show she received a UOTHC discharge. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

  • ARMY | BCMR | CY2014 | 20140003895

    Original file (20140003895.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Title 10, U.S. Code, section 1552, the authority under which this Board acts, provides that the Board is not empowered to set aside a conviction. The applicant contends that his military records should be corrected by changing his BCD to uncharacterized and changing the reason for his separation because his crime was an isolated incident and he has an otherwise clean record.

  • ARMY | BCMR | CY2008 | 20080018569

    Original file (20080018569.txt) Auto-classification: Denied

    The applicant requests that his discharge be changed. On 21 December 1987, the United States Army Court of Military Review affirmed the findings of guilty and the sentence, with administrative corrections of the General Court-Martial Order. The United States Army Court of Military Review affirmed the court-martial's findings of guilty and the sentence.