BOARD DATE:  17 December 2013

		DOCKET NUMBER:  AR20130007529 


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 his bad conduct discharge (BCD) be upgraded to a general discharge.

2.  The applicant states he feels he has earned the right to have the upgrade due to his civilian record since his discharge.

	a.  Upon release from the Army he immediately got a job and was productive.  He went to college and became a special education teacher. 

	b.  His crimes were not considered felonies and did not impede his employment.  Since his release he has worked very hard to be a valuable member of his community.  He has taken part in many charity fundraisers as well as being a leader in fundraising and charitable causes. 

	c.  Since the date of his release he has not been in any trouble with law enforcement agencies.  His most serious legal infraction has been a speeding ticket while commuting to work.  

	d.  He has raised two beautiful children who were both honors students all through high school and were active in sports and school government.  His son is a private first class in the U.S. Army and doing well.  He has lived his life as a model citizen and is a shining example of what a professional should be.  He has many awards and recognitions from school administrators and his fellow teachers alike.

	e.  When he got into trouble in the Army, he was a stupid kid who made a stupid mistake.  He feels he has paid for that mistake long enough, twenty years.  He has lived his life with honor and integrity, and raised children to live their lives with the same honor, integrity and responsibility.  He has made it his life's ambition to give back to others and make a positive impact on the lives of the children he has had the opportunity to help and mentor on a daily basis.  It is for all of the above reasons that he hopes his discharge will be upgraded and allow him to stop being ashamed. 

3.  The applicant provides no documentary evidence to substantiate his request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Following prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 6 April 1988.  He reenlisted on 29 May 1992.  He held military occupational specialty 95B (Military Police).

3.  His records show he served overseas in Korea and Saudi Arabia.  The highest rank he attained was sergeant (SGT)/E-5.

4.  On 31 March 1994, he was convicted by a general court-martial in accordance with his pleas of violation of the following articles of the Uniform Code of Military Justice (UCMJ):

* Article 92, dereliction of duty and six specifications of disobeying a lawful order (Correctional Facility Standard Operating Procedure)
* Article 121, larceny of property, less than $100.00 value and wrongful appropriation of a vehicle, greater than $100 value

5.  The court sentenced him to confinement for 10 months, reduction to private 
E-1, and a BCD.
6.  The convening authority approved the sentence and, except for the BCD, directed execution of the sentence.  The confinement in excess of six months was suspended for six months.

7.  There is no record of any appeal actions.

8.  Headquarters, U.S. Army Field Artillery Center and Fort Sill General Court-Martial Order Number 130, dated 1 December 1994, shows the sentence was affirmed.  The BCD was ordered executed.  That part of the sentence extending to confinement had been served.

9.  The applicant was discharged on 31 August 1995 with a BCD.  He had completed a total of 7 years, 4 months, and 21 days of net active service.  Time lost is shown from 26 January 1994 to 19 June 1994.

10.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-7b states 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.

11.  Court-martial convictions stand as adjudged or modified by appeal through the judicial process.  In accordance with Title 10, U.S. Code, section 1552, the authority under which this Board acts, the ABCMR is not empowered to set aside a conviction.  Rather it is only empowered to change the severity of the sentence imposed in the court-martial process and then only 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.  The applicant was a military policeman.  His trial by court-martial was warranted by the gravity of the offenses charged.  The conviction and discharge were effected in accordance with applicable law and regulations and the applicant's discharge appropriately characterizes the misconduct for which he was convicted.

2.  The applicant did not provide any evidence to substantiate his post-service conduct and accomplishments.  In addition, good post-service conduct is not normally a reason to upgrade a discharge.

3.  In view of the above, the applicant's request should be denied.

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 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)                                         AR20100010650



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130007529



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1