IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012821 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012821 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Bronze Star Medal to his DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to upgrading the applicant's bad conduct discharge to a general, under honorable conditions 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. IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012821 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 correction of his records to show he retired from the Army with a general, under honorable conditions discharge (GD) instead of showing he received a bad conduct discharge (BCD) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Bronze Star Medal (BSM). 2. The applicant states he is asking for clemency based on his military service achievements. Since his discharge he has been an outstanding citizen. He is sorry and remorseful for any harm or damage caused by his behavior to fellow Soldiers, U.S. Army, and the oath of allegiance which he promised to protect and serve. 3. The applicant provides an Enlisted Record Brief, DD Form 214, DA Form 638 (Recommendation for Award), BSM Certificate, and DA Form 2166-8 (Noncommissioned Officer Evaluation Report). CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 10 August 1993. 2. A DA Form 638, dated 1 August 2004, shows he was recommended and approved for award of the BSM. 3. Before a General Court-Martial at Fort Hood, TX he was convicted of: a. being absent with authority from on or about 4 March 2010 to on or about 7 March 2010; b. making a false official statement on or about 1 February 2010 and on or about 4 February 2010; and c wrongfully endeavoring to impede an investigation by influencing the testimony of another individual on or about 4 February 2010. 4. On 12 August 2010, the court sentenced him to be reprimanded, reduction to the rank/grade of private/E-1, and a BCD. 5. On 6 June 2014 he was discharged under the provisions of Army Regulation 635-200, chapter 3, as a result of court-martial with a BCD. His DD Form 214 does not show the BSM. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a states 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. b. Paragraph 3-7b states 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. c. Paragraph 3-10 prescribes the policies and procedures for separating members with a dishonorable or a bad conduct discharge. It provides that a Soldier will be given a bad conduct discharge 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. 2. 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 ABCMR 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: 1. The applicant was awarded the BSM; however, it is not listed on his DD Form 214. 2. He was given a bad conduct discharge pursuant to an approved sentence by a general court-martial, which was warranted by the gravity of the offenses charged at the time. His conviction and discharge were effected in accordance with applicable laws and regulations and his discharge appropriately characterizes the misconduct for which he was convicted. There is no basis for amending his records to show he retired from the Army as opposed to showing he was discharged and received a BCD. 3. By law, any redress by this Board of the finality of a court-martial conviction is prohibited. The Board is only empowered to change a discharge if clemency is determined to be appropriate to moderate the severity of the sentence imposed. The evidence does not appear to support clemency in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012821 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012821 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2