Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140005695
Original file (20140005695.txt) Auto-classification: Denied

		

		BOARD DATE:	 6 November 2014 

		DOCKET NUMBER:  AR20140005695 


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 bad conduct discharge (BCD) be upgraded to a more favorable discharge.

2.  The applicant states that the U.S. Army Criminal Investigation Command (CID) was conducting an investigation and needed to justify its efforts and time so he was targeted.  The CID focused its energy on him and he was set up, targeted, and harassed.  He was mentally unstable at the time and was in a different place and now desires to have his discharge upgraded. 

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army with a moral waiver on 4 March 1974 for a period of 2 years.  He completed his one-station unit training as a combat engineer at Fort Leonard Wood, Missouri and was transferred to Germany on 30 July 1974.

2.  On 4 June 1975, nonjudicial punishment was imposed against him for being absent from his place of duty. 

3.  On 9 December 1975, the applicant was convicted by a general court-martial pursuant to his plea of the wrongful sale of heroin.  He was sentenced to confinement at hard labor for 9 months, reduction to the pay grade of 
private/ E-1, forfeiture of all pay and allowances, and a BCD.
4.  On 2 June 1977, the United States Army Court of Military Review affirmed the findings and sentence as approved by the convening authority.

5.  On 26 August 1977, he was discharged pursuant to a duly reviewed and affirmed court-martial conviction.  He completed 2 years, 10 months, and 21 days of total active service and had 216 days of time lost due to confinement.

6.  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.  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.

7.  Army Regulation 635-200 (Personnel Separations), paragraph 3-7a, 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 or is otherwise so meritorious that any other characterization would be clearly inappropriate.

8.  Army Regulation 635-200, paragraph 3-7b, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted by the Board.  However, they are not sufficiently mitigating to warrant relief when compared to the seriousness of his offense and his otherwise undistinguished record of service.

2.  Trial by court-martial was warranted by the gravity of the offenses charged.  His conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which he was convicted.

3.  Accordingly, his punishment was not disproportionate to the offenses for which he was convicted and he has failed to show sufficient evidence or reasons to warrant an upgrade of his discharge based on clemency.


4.  The type of discharge directed and the reasons therefore appear to be appropriate considering the available facts of the case.

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)                                         AR20140005695





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005695



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130004352

    Original file (20130004352.txt) Auto-classification: Denied

    The applicant provides no additional documents with his application. He departed Germany on 6 October 1978 and was transferred to Fort Stewart on 7 November 1978. As such, the type of discharge directed and the reasons therefore appear to be appropriate considering the available facts of the case and there is an insufficient evidentiary basis for granting the applicant an upgrade of his BCD to any other characterization of service.

  • ARMY | BCMR | CY2011 | 20110020366

    Original file (20110020366.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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. His conviction and discharge were effected in accordance with applicable law and regulation and his discharge appropriately characterizes the...

  • ARMY | BCMR | CY2014 | 20140013686

    Original file (20140013686.txt) Auto-classification: Denied

    - IN THE CASE OF: BOARD DATE: 5 May 2015 DOCKET NUMBER: AR20140013686 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests his bad conduct discharge (BCD) be upgraded to an honorable discharge. His service medical records were not available for review.

  • ARMY | BCMR | CY2014 | 20140012876

    Original file (20140012876.txt) Auto-classification: Denied

    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. Army Regulation 635-200 governs the separation of enlisted personnel. The conviction and discharge were effected in accordance with applicable laws and regulations and the discharge appropriately characterizes the misconduct for which he...

  • ARMY | BCMR | CY2010 | 20100010562

    Original file (20100010562.txt) Auto-classification: Denied

    Army Regulation 635-200, paragraph 3-7b, provided that a general discharge was a separation from the Army under honorable conditions. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable 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 | CY2013 | 20130013404

    Original file (20130013404.txt) Auto-classification: Denied

    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. His DD Form 214 (Report of Separation from Active Duty) shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11 (Dishonorable and BCD), with an under other than...

  • ARMY | BCMR | CY2011 | 20110008384

    Original file (20110008384.txt) Auto-classification: Denied

    Special Court-Martial Order Number 154, issued by Headquarters, Fort Carson and 4th Infantry Division (Mechanized), Fort Carson, CO, dated 21 November 1977, shows he was found guilty of: * being disrespectful in language toward a warrant officer on 3 April 1977 * disobeying a lawful order from a warrant officer on 3 April 1977 * striking a commissioned officer 9 May 1977 * being disrespectful in language toward an NCO on 9 May 1977 He was sentenced to be discharged from the service with a...

  • ARMY | BCMR | CY2014 | 20140003805

    Original file (20140003805.txt) Auto-classification: Denied

    c. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. The evidence of record does not indicate the actions taken in this case were in error or unjust. ABCMR Record of Proceedings (cont) AR20140003805 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140003805 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1

  • ARMY | BCMR | CY2011 | 20110002204

    Original file (20110002204.txt) Auto-classification: Denied

    When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 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. Accordingly, his punishment was not disproportionate to the offenses for which he was convicted and he has failed to show sufficient evidence or mitigating...

  • ARMY | BCMR | CY2007 | 20070015348

    Original file (20070015348.txt) Auto-classification: Denied

    The applicant requests his Bad Conduct Discharge (BCD) be upgraded. 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. As a result, there is no evidentiary basis upon which to support the applicant’s request to upgrade his discharge at this time.