PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          7 October 2003                    
	DOCKET NUMBER:  AR2003085575

	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.  

	Mr. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Robert L. Duecaster		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his bad conduct discharge (BCD) be upgraded to that of an honorable discharge and that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all of his military training/education.

3.  The applicant states, in effect, that he is making this request because he is ashamed of his discharge.  He wanted to be a good soldier, but he made a bad decision.  He states that he injured his knee during a parachute jump with the 82nd Airborne Division at Fort Bragg, North Carolina, and underwent two knee surgeries.  He also indicates that while assigned to Fort Richardson, Alaska, the Commanding General had his squad demonstrate a "live fire tactical movement for a Russian General."

4.  The applicant’s military records show that in October 1990, he enlisted in the Delayed Entry Program (DEP).  On 20 November 1990, he was separated from the DEP and he enlisted in the Regular Army for 4 years and 17 weeks; for training in career management field (CMF) 11 (Infantry) and the United States Army Airborne Training Option.  He completed basic training and a 13-week Infantryman's Course at Fort Benning, Georgia, and he was awarded military occupational specialty (MOS) 11B in February 1991.  While assigned to Fort Benning, he also completed the Basic Airborne Course.  Effective 22 March 1991, MOS 11B was withdrawn and he was awarded MOS 11B1P to denote being airborne qualified.

5.  On 12 April 1991, the applicant was assigned to the 505th Parachute Infantry Regiment, Fort Bragg, with duties in his MOS.  There are no medical records available nor is there any evidence available to indicate the applicant was injured while on active duty.

6.  On 12 August 1992, the applicant extended his enlistment contract for an additional 8 months to meet the requirements for assignment to Alaska.  On 19 October 1992, he was assigned to the 501st Airborne Infantry Regiment, 6th Infantry Division, Fort Richardson, Alaska.

7.  On 14 September 1993 at Fort Richardson, the applicant was convicted by a general court-martial (GCM) of:  aggravated assault consummated by a battery; of being drunk and disorderly; and of consuming alcoholic beverages while under the age of 21.  He was sentenced to reduction from pay grade E-3 to pay grade 
E-1, and to be separated with a BCD.  

8.  On 17 February 1994, the applicant was placed on involuntary excess leave pending completion of the appellate review process.  

9.  On 8 July 1994, the United States Army Military Review affirmed the findings and approved the sentence.  On 1 November 1994, the appropriate authority ordered the BCD to be duly executed. 

10.  On 22 November 1994, the applicant was discharged in absentia under the provisions of chapter 3, Army Regulation 635-200, with a BCD as a result of his conviction by a GCM.  His DD Form 214 shows that he completed 4 years and 3 days of active military service and he had no lost time.

11.  The applicant's DD Form 214, Item 14 (Military Education), does not show that he completed the training requirements for MOS 11B, Infantryman, 13 weeks in February 1991 and the Basic Airborne Course, 3 weeks, in March 1991.

12.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that Block 14 will list formal in-service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the soldier after separation in job placement and counseling.

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3, paragraph 3-11, provides that a soldier will be given a BCD pursuant only to an approved sentence of a general or special court-martial.  The appellate review must be completed and the affirmed sentence ordered duly executed.

14.  Court-martial convictions stand as adjudged or modified by appeal through the judicial process.  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 empowered to change the severity of the sentence imposed in the court-martial process 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.

CONCLUSIONS:

1.  The applicant's record should be corrected to show that he completed 
MOS 11B, Infantryman, 13 weeks in February 1991 and the Basic Airborne Course, 3 weeks, in March 1991.

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 has not demonstrated that clemency is warranted in his case.

3.  The Board also noted the applicant's military accomplishments, to include his training and did not find it sufficiently mitigating to grant clemency. 

4.  The Board found no evidence that the applicant had a medically disqualifying condition or injury at the time of separation.

5.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Block 14 of his DD Form 214 "MOS 11B, Infantryman, 13 weeks, February 1991," and "Basic Airborne Course, 3 weeks, March 1991."

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__fne___  __slp___  __rld___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003085575	
SUFFIX		
RECON		
DATE BOARDED	20031007	
TYPE OF DISCHARGE	(BCD)	
DATE OF DISCHARGE	19941122	
DISCHARGE AUTHORITY	AR635-200, Chap 3	
DISCHARGE REASON	A68.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	144.6800	
2.		
3.		
4.		
5.		
6.