RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 April 2007 DOCKET NUMBER: AR20060015655 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. Gerard W. Schwartz Acting Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. William D. Powers Chairperson Mr. William F. Crain Member Mr. Dale E. DeBruler Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his bad conduct discharge (BCD) be upgraded. 2. The applicant states that he was having emotional trouble when he was young and in the United States Army. He further states that now he is an adult and a respectable member of society, and has been under medical care. 3. The applicant provides no additional documentation in support of his request. CONSIDERATION OF EVIDENCE: 1. On 15 February 1980, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 76W1O (Petroleum Supply Specialist). 2. On 21 March 1980, the applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for wrongful possession of marijuana. The punishment included a forfeiture of $104.00 pay, and 10 days of restriction and extra duty. 3. On 20 May 1980, the applicant was convicted by a summary court-martial of breaking restriction, being drunk and disorderly while in uniform, and being absent without leave from 3 to 23 April 1980. His sentence consisted of confinement at hard labor for 30 days and a forfeiture of $299.00 pay for 1 month. He served 20 days in confinement. 4. On 4 June 1980, the applicant received NJP for failure to go to his appointed place of duty. The punishment included a forfeiture of $60.00 pay and 5 days of extra duty. 5. On 21 August 1980, the applicant received NJP for indecent exposure and being belligerent to the military police. The punishment included a forfeiture of $224.00 pay per month for 2 months and 30 days extra duty and restriction. 6. On 13 November 1980, the applicant received NJP for being disorderly, willfully disobeying a lawful order from a superior noncommissioned officer, and being disrespectful in language towards a superior noncommissioned officer. The punishment included a forfeiture of $116.00 pay and confinement for 7 days. 7. On 4 February 1981, the applicant was convicted by special court-martial of assaulting a noncommissioned officer by striking him on the head with a rock, wrongful communication of a threat to the same noncommissioned officer, and wrongful urination on the floor and wall of a male latrine. His sentence consisted of confinement at hard labor for 95 days, a forfeiture of $334.00 pay per month for 3 months and a bad conduct discharge. He served 78 days in confinement. 8. On 30 April 1981, the Army Court of Military Review affirmed the findings of guilty and the sentence. Special Court-Martial Order Number 152, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, dated 1 December 1981, provided that the provisions of Article 71(c) had been complied with, and that portion of the sentence pertaining to confinement had been served. It directed execution of the bad conduct discharge. On 11 December 1981, the Army separated the applicant with a bad conduct discharge. 9. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. DISCUSSION AND CONCLUSIONS: 1. 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 final discharge appropriately characterizes the misconduct for which the applicant was convicted. 2. Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel. This misconduct rendered his service unsatisfactory. Therefore, he is not entitled to an honorable discharge. 3. 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 this requirement. 4. In view of the above, the applicant's request should not be granted. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___DED _ __WDP _ __WFC__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that 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. __ William D. Powers__ CHAIRPERSON INDEX CASE ID AR20060015655 SUFFIX RECON DATE BOARDED 20070426 TYPE OF DISCHARGE BCD DATE OF DISCHARGE 19811211 DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 110.0000 2. 3. 4. 5. 6.