BOARD DATE:  30 June 2015

		DOCKET NUMBER:  AR20140008330 


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 has matured and continues to serve his community.  He has been rehabilitated and would like a second chance.

3.  The applicant provides three statements of support.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 25 May 2006.  He held military occupational specialty 74D (Chemical Operations Specialist).

2.  While serving in Korea 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) between December 2007 and January 2008:

	a.  Article 92 (one specification):  violating a lawful general regulation by wrongfully purchasing liquor in excess of the established liquor quantity limits.
	
	b.  Article 121 (four specifications):

		(1)  stealing a Military Star credit card, the property of another Soldier;

		(2)  stealing food and drinks of a value of about $114.55 the property of the Camp Carroll Pizza Hut; 

		(3)  near Yongsan Garrison, stealing alcohol, clothes, food, and drinks, of a value less than $500, the property of Army and Air Force Exchange Service (AAFES);

		(4)  near Camp Carroll and Camp Walker, stealing alcohol, clothes, electronics, food, and drinks of a value greater than $500, the property of AAFES;  

	c.  Article 123 (three specifications):

		(1)  near Yongsan Garrison, with the intent to defraud, falsely making the signature of another Soldier on an electronic device to authorize a credit card purchase;

		(2)  near Camp Carroll, with intend to defraud, falsely making the signature of another Soldier on an electronic device to authorize a credit card purchase;  and

		(3)  near Camp Walker, with intend to defraud, falsely making the signature of another Soldier on an electronic device to authorize a credit card purchase.  

3.  The court sentenced him to confinement for 8 months and a BCD. 

4.  General Court-Martial Order Number 190, Headquarters, U.S. Army Fires Center of Excellence, Fort Sill, Oklahoma, dated 8 July 2010, shows the sentence was affirmed.  Article 71(c) of the UCMJ having been complied with, the BCD was ordered executed.

5.  The applicant was discharged on 1 November 2010 with a BCD.  He had completed 3 years, 11 months, and 1 day of creditable active service.  His
DD Form 214 shows he was awarded the Army Achievement Medal, National Defense Service Medal, Korea Defense Service Medal, and the Army Service Ribbon.  Lost time is shown as 26 August 2008 to 1 March 2009. 

6.  In support of his request, he provides statements of support from:

	a.  Mr. C____ D. E____, an employee of the U. S. Army Human Resources Command, who states when the applicant served under his command he brought great credit upon himself and his unit by maintaining the unit's equipment and storage facilities.  The applicant was recognized multiple times during Inspector General inspections.  He served the Army with pride and distinction and his discharge should be upgraded.   

	b.  Mr. C____ C___, who states he and his wife operate the Pittsburgh Flag Football League for adults and kids.  When the applicant became a resident of Pittsburgh he become engaged in the local athletic community.  The applicant has graciously served as a volunteer coach for three seasons.  His efforts in motivating others are superior and his dedication to both his players and the parents set the perfect example for other coaches.

	c.  Mr. D_____ P____ who has supervised the applicant for 2 years and relates that the applicant is hardworking and committed to grounds keeping of their property.  He is outgoing and always willing to help the tenants with matters outside of his duties and responsibilities.  He is a great communicator and knows how to raise and discuss work-related issues or suggestions in a non-threatening manner.  He is a loyal, honest, and supportive individual.

7.  Army Regulation 635-200 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.  

8.  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 Army Board for Correction of Military Records 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 contends his BCD should be upgraded because he has matured and continues to serve his community.  He has been rehabilitated and would like a second chance.

2.  The statements of support he provided have been reviewed; however, they do not mitigate the misconduct he committed that resulted in his BCD.

3.  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.

4.  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)                                         AR20140008330



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1