APPLICANT REQUESTS:  In effect, that his bad conduct discharge be upgraded to a general under honorable conditions discharge or that he receive a medical discharge.

APPLICANT STATES:  The situation that occurred was more than likely caused because of his medical problems.

EVIDENCE OF RECORD:  The applicant’s military records show:

He initially enlisted in the Regular Army on 5 January 1984 and was honorably discharged on 4 January 1987.  He reenlisted on 21 October 1987.  He served in Southwest Asia from 10 December 1990 - 24 April 1991 as a wheel vehicle repairer.

He had no prior record of any disciplinary problems.

On 26 January 1993, the applicant was convicted by a general-court martial of carnal knowledge and providing a cereal malt beverage to a minor.  He was sentenced to a bad conduct discharge.

On 10 June 1993, the U.S. Army Court of Military Review affirmed the sentence.

On 3 January 1994, the applicant was discharged, with a bad conduct discharge, pursuant to his court-martial sentence.

The applicant’s medical records are not available.  On 3 December 1996, he was evaluated in the Persian Gulf Registry Clinic.  The Clinic detected the following medical problems:  PTSD, sleep disturbance, GERD, arthralgias, depression, and migraine headaches.

Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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:

1.  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.
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.  The applicant’s contentions should have been brought up at his trial and, if they were, relate to evidentiary and procedural matters which were finally and conclusively adjudicated in the court-martial appellate process and furnish no basis for recharacterization of the discharge.

3.  The applicant’s medical records are not available and in the absence of such records it is presumed he was medically fit for duty throughout his period of service.  He has supplied no evidence to show his medical problems, which were detected in 1996, were present at the time of his commission of the offenses nor that had they been, they could have caused him to commit the offenses.

4.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                             				 Loren G. Harrell
					 	 Director