1. APPLICANT’S NAME: a. Application Date: 12 June 2014 b. Date Received: 19 June 2014 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: An upgrade of his bad conduct discharge to general, under honorable conditions or to honorable. The applicant states, in effect, he would like another chance to enjoy life; he has started to better the lives of his family members and an upgrade would help a lot. His alcohol problem contributed to his actions and he now suffers from severe depression. Since his discharge he has not consumed any alcohol; has been clean, sober and has stayed out of trouble. In a records review conducted at Arlington, VA on 22 July 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Court-Martial Other/AR 635-200, Chapter 3/JJD/RE-4/Bad-Conduct b. Date of Discharge: 14 September 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: NA (2) Basis for Separation: The applicant was found guilty by a Special Court-Martial of the following offenses: Larceny of military property between 15 July 2003 and 15 August 2003, Willful disobedience towards a superior commissioned officer on 18 October 2003, 23 October 2003, and Assault; consummated by a battery of KLH on 3 September 2003 and 21 January 2003. On 19 December 2003, he was sentenced to reduction to E-1, confinement for 5 months and a bad conduct discharge. (3) Recommended Characterization: NA (4) Legal Consultation Date: 19 December 2003 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 14 September 2005/Bad Conduct Discharge. 4. SERVICE DETAILS: a. Date/Period of Enlistment: 22 December 2000/3 years/23 months extension on 7 October 2002. b. Age at Enlistment/Education/GT Score: 29 years/GED Certificate/108. c. Highest Grade Achieved/MOS/Total Service: SPC/E-4/67N10, UH-1 Helicopter Repairer/4 years, 6 months and 20 days. d. Prior Service/Characterizations: ARNG/30 April 1999-1 January 2000/NA/ADT/2 January 2000-24 March 2000/UNC/ARNG/25 March 2000-22 December 2000/NA e. Overseas Service/Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: SPCM dated 19 December 2003, for being found guilty of larceny of military property between 15 July 2003 and 15 August 2003; willful disobedience towards a superior commissioned officer on 18 October 2003 and 23 October 2003; and assault; consummated by a battery of KLH on 3 September 2003 and 21 January 2003. He was sentenced to reduction to E-1, confinement for 5 months and a bad conduct discharge. i. Lost Time: The record of service shows 63 days of lost time due to the applicant’s military confinement from 19 December 2003 until 19 February 2004. Also, he was placed on excess leave for 532 days from 1 April 2004 until 14 September 2005. j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 6. POST SERVICE ACCOMPLISHMENTS: He attends Remington College with a 4.0 grade point average (GPA) in the medical billing and coding program. 7. REGULATORY CITATION(S): Paragraph 3-10 states a Soldier will only be given a dishonorable discharge pursuant to an approved sentence of a special court-martial and that the appellate review must be completed and the affirmed sentence ordered duly executed. Paragraph 3-11 states a Soldier will only be given a bad conduct discharge pursuant to an approved sentence of a general or special court-martial and that the appellate review must be completed and the affirmed sentence ordered duly executed. With respect to a discharge adjudged by a special court-martial, the action of the ADRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. 8. DISCUSSION OF ISSUE(S): The applicant seeks relief contending he would like another chance to enjoy life; he has started to better the lives of family members and upgrade would help a lot. His alcohol problem contributed to his actions and he now suffers from severe depression. Since his discharge he has not consumed any alcohol; has been clean, sober and has stayed out of trouble. The applicant requests an upgrade of his discharge. The service record indicates the applicant was adjudged guilty by a court-martial and the sentence was approved by the convening authority. Court-martial convictions stand as adjudged or modified by appeal through the judicial process. The Board is empowered to change the discharge 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. The applicant contends he would like another chance to enjoy life; he has started to better the lives of his family members and an upgrade would help a lot. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant further contends his alcohol problem contributed to his actions and he now suffers from severe depression. The service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. The applicant also contends since his discharge he has not consumed any alcohol; has been clean, sober and has stayed out of trouble. The applicant is to be commended for his efforts. These contentions are not matters upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change characterization to: No Change c. Change Reason to: No Change d. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating Official: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140011002 1